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In James F Simon's What Kind of Nation, Jefferson comes off as all three in his battles over constitutional interpretation with his cousin and nemesis John Marshall, Chief Justice of the Supreme Court. One of the blurbs on the jacket describe Simon as
"eminently fair". That would be accurate if the title of the book were "What Kind of Court". But taken as a study of the two men's contribution to the kind of nation the United States became, it is skewed. What Kind of Nation is the story of Marshall's contribution, but it is far from the full record of Jefferson's.
Simon, a law professor, is admirable in his clear, readable exposition of how Marshall expanded the powers of the US Supreme Court during his thirty-year stewardship. Nearly single-handedly Marshall established the court as co-equal with the executive and legislative branches of the federal government and superior to the individual states' courts. Both Marshall and Jefferson were political partisans who bent legal ideology to suit their own pragmatic objectives, but Marshall was unquestionably better at it. For example, Marshall was a loyal if unenthusiastic supporter of the Alien and Sedition Acts which Federalist judges used to make political dissent a crime. Yet thirty years later he stage-managed the acquittal of Aaron Burr on charges of treason brought by Jefferson's administration that were based on very real grounds. There were certainly political differences and personal animosity between the two, but matching them off as the primary antagonists in a struggle to shape the future of the nation is artifical. The court was Marshall's forum and its power and well-being his prime concern. Jefferson's arena was broader.
As President, Jefferson more than doubled the size of the United States. Marshall did not join his old Federalist allies in opposing the Louisiana Purchase. Lacking an adversarial confrontation, Simon spends no time reflecting on the importance of Jefferson's acquisition in shaping the economic and physical form of the United States. The Louisiana Purchase has had more to do with this country's place in the sun than the powers of the Supreme Court. I would also argue that Simon's focus upon the judicial undervalues Jefferson's importance to the "kind of nation" we are morally and philosophically. Jefferson's words -- not Marshall's -- still express the ideals to which we aspire as a nation. As Jefferson's actions sometimes fell short of his aspirations, so do ours.
What Kind of Nation is a well-written thought-provoking book based on careful historical documentation. I enjoyed it thoroughly even though I do not agree with the dialectic it proposes. Like David McCullough's John Adams, it broadens one's understanding of the foundations of our nationhood.
Of course, my nephew was absolutely correct. In an effort to rectify my obvious educational deficiency, I immediately embarked on a reading plan which led me to "What Kind of Nation", where I discovered that Thomas Jefferson also didn't along with John Marshall, the fourth Chief Justice of the U.S. Supreme Court.
By the time I got to this book I had a pretty good feel for the politics of the period, having read "Founding Brothers" by Joseph Ellis, "Founding Father: Rediscovering George Washington" by Richard Brookhiser, "Alexander Hamilton: American" by Richard Brookhiser and "James Madison" by Garry Wills. I believe this background helped me to maximize my enjoyment of "What Kind of Nation" because I was able to focus on Marshall's brilliance and perseverance in establishing the authority of the Supreme Court on an equal footing with the executive and legislative branches of the federal government. Jefferson's antics were amusing, but old news. The way that Marshall dealt with Jefferson who was, after all, the President of the United States during the first 8 years of Marshall's 34 years as Chief Justice, is fascinating.
James Simon does a great job of telling the story without getting overly technical with the legal side of things. I think he strikes just the right balance, so that the lay reader (i.e., non-lawyer) can appreciate the significance of Marshall's extraordinary accomplishments.
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Worth the money for good pointers, but don't forget to use your imagination with these games -- that's what makes them so great.