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Book Review: Without Precedent by Joel Richard Paul

Paul provides a detailed examination of the life of John Marshall in this book. He notes “This is the story of the life and times of an exceptional man who mastered the art of self-invention and applied it to everything he did.”

Paul summarized Marshall’s time on the court as follows: “ For thirty-four years on the Supreme Court, Marshall resisted the centrifugal forces of regionalism and parochialism. He eschewed rigid ideology. His was a consistent voice for moderation, compromise, and pragmatism in the face of ideologues and adversaries. In an era without precedent, Marshall invented the legal principles that form the foundation of American constitutional and international law today. He defended the independence of the judiciary and the sanctity of property and contract. He jealously guarded the separation of powers. And he dared to imagine a dynamic interpretation of the Constitution that could accommodate the nation’s progress from a backward localized agrarian economy to a modern national industrial economy.”

One of the major themes of the book is comparing Marshall and Thomas Jefferson. They came from different backgrounds and political affiliation. The following is one such passage: “Until Jefferson’s passing, they lived as mirror opposites for half a century in almost every way. No Marshall biography can avoid taking sides in their conflicted relationship. That is not to say that Marshall was always right or that Jefferson was always wrong. Both were exceptional and entirely human. They were flawed, and sometimes they erred. Yet both Marshall and Jefferson were indispensable to the founding of the Republic.”

Marshall’s outlook on life was also shaped through war. He fought in the Revolutionary War including the winter at Valley Forge. He also saw the British capture Richmond and Charlottesville. Paul notes: “Death and destruction demonstrated to Marshall the essential fragility of the social contract. It was easy for Jefferson to write about revolution since he had never experienced war firsthand. Marshall’s military experience taught him to eschew facile ideologies and resort to violence. The elements of Marshall’s conservatism were now formed—a belief in ordered liberty and a respect for property, national defense, moderation, and the need for reconciliation.“

Paul picks some of the memorable Supreme Court cases that Marshall decided and analyzes them in detail including Marbury v Madison and Gibbons v Ogden.

Overall this is a thorough biography of the life of John Marshall. I rate it 3 out of 5 stars.

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Alexander’s Choice Part XI

As they barreled along in the subway Alexander turned to Sammy and asked “who are your heroes?”

“Like me personally?”

“Societal. In my age there were Achilles, Odysseus, Ajax and so many more. I want to know who the new heroes are.”

“Those are Greek dudes right?”

“Yes.” Alexander said disdainfully.

“Hey, don’t get mad at me cus I ain’t super booky?”

“I assume that means you don’t read much.”

“The last time I picked up a book was like third grade man. I live in the streets.”

“You have no place of domicile?”

“Dom a what?”

“A dwelling. A place where you sleep.”

“You take things too literally. I’m just sayin I was always roaming the streets. I had an apartment. It was small, so I spent as much time as possible outside in the city.”

“Who are the heroes of your age?” Alexander asked trying to get the conversation back on track.”

“I don’t know man. Everyone is so divided these days.” Sammy hedged as he looked around the subway to see who might be listening.

“Do you know of the Trojan War?”

“That’s the one with the horse. Right?”

“I have much to ...

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Inflation was soaring, talks of recession were incessant and I had some money that hadn’t been spent on bills yet. It was time to invest. But what would I invest in?  The stock market didn’t seem appealing. The price of bitcoin was dropping and as much as I would like to own a game used Bryce
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