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Foundations of Power: John Marshall, 1801-1815 is the second volume
of the Oliver Wendell Holmes Devise History of the Supreme Court of
the United States. The volume covers the beginnings of the Supreme
Court under Chief Justice John Marshall and surveys the first
fourteen years of John Marshall's tenure. The authors describe the
judicial business transacted by the chief justice and the ten
Associate Justices with whom he served during those years. They
argue that John Marshall's great accomplishment as Chief Justice
was to establish the rule of law as the basis of the Supreme
Court's jurisprudence. The book chronicles how, by becoming 'a
bulwark of an identifiable rule of law as distinct from the
accommodations of politics', the relatively feeble institution of
the 1790s moved toward the authoritative Marshall Court of 1819.
Originally published by the Macmillan Company in 1960, this book is
intended as an introduction to the history of Massachusetts law in
the colonial period, 1630o1650. This volume first traces the
evolution of the colony's institutions and instruments of
government and, second, describes in broad outline certain aspects
of the substantive law that developed in these first two decades.
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