Thursday, August 24, 2006

Rediscovered Book I -- The Imperialism of John Marshall

Wading through biographies of John Marshall, of the "famous" Marshall Trilogy, I discovered an old polemic against the Chief Justice. It's George Bryan's "The Imperialism of John Marshall: A Study in Expediency." My law school's (Mich. State) library didn't have it and even the university library didn't have it.

It was published in 1924 and features a line-by-line dissection of Johnson v. M'Intosh. One great comment:

"Like any other question which is decided by main strength upon 'principles' ethically unsound and avowedly justified only by 'necessity' and expediency, this solution of the issue in [Johnson] grows more difficult to grasp as the opinion continues. One can almost hear the enunciator panting under his burden." [p.64]


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