When the first Supreme Court convened in 1790, it was so ill esteemed that its justices frequently resigned in favor of other pursuits John Rutledge stepped down as Associate Justice to become a state judge in South Carolina John Jay resigned as Chief Justice to run for Governor of New York and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead.As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life.In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one volume narrative ever published of our highest court.With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence and the influence the Court has had on American politics and society.With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation s history.He provides insight into our foremost justices, such as John Marshall who established judicial review in Marbury v Madison, an outstanding display of political calculation as well as fine jurisprudence , Roger Taney whose legacy has been overshadowed by Dred Scott v Sanford , Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others.He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law.Schwartz also examines the operations of the court until 1935, it met in a small room under the Senate so cramped that the judges had to put on their robes in full view of the spectators.But when the new building was finally opened, one justice called it almost bombastically pretentious, and another asked, What are we supposed to do, ride in on nine elephants He includes fascinating asides, on the debate in the first Court, for instance, over the use of English style wigs and gowns the decision gowns, no wigs and on the day Oliver Wendell Holmes announced his resignation the same day that Earl Warren, as a California District Attorney, argued his first case before the Court The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 including, of course, the arrival of Clarence Thomas.In addition, he includes four special chapters on watershed cases Dred Scott v Sanford, Lochner v New York, Brown v Board of Education, and Roe v Wade.Schwartz not only analyzes the impact of each of these epoch making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions.Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association s Silver Gavel Award.In this remarkable account, he provides the definitive one volume account of our nation s highest court....
|Title||:||A History of the Supreme Court|
|Publisher||:||Oxford University Press Auflage Reprint 23 Februar 1995|
|Number of Pages||:||502 Pages|
|File Size||:||979 KB|
|Status||:||Available For Download|
|Last checked||:||21 Minutes ago!|
A History of the Supreme Court Reviews
One is shocked at the frequency with which the same stories crop up over and over again in this book. If you read it over a weekend, you'll notice that many times the same sentences appear in different chapters. Some stories appear three and four times! In short, the author gravely needed an editor.Typically of Supreme Court historians, this one adopted a very "Whiggish" view of history: the Supreme Court's story was one of the advancement of goodness and truth, and any retrograde movement was only temporary. Didn't this Hegelian stuff go out with the fall of the Berlin Wall (if not with the opening of World War I)? Can anyone really believe this stuff?Readers who do not share Schwartz's apparent conviction that bigger government is always better will have yet another reason to regret having read this book. How can one answer the assertions that the whole New Deal alphabet soup was worthwhile, especially now that most of that expensive mess has been abolished years ago? Just take his word for its goodness, I guess; it must have been constitutional, or else the Supreme Court (in its benificent omniscience) would never have held it constitutional! (never mind that it at first held it unconstitutional).Charles Warren's old history remains superior, although its age obviously indicates that someone needs to write a new history of the Supreme Court. This is not it.
This summer I took a CTY course that was on U.S. history and Constitutional law and how the twowork together. We had a lot of reading in a book by Stanley Kutler. We used Schwartz to help us understand what Kutler was saying. Schwartz helped me a lot by explaining a lot of what was going on at diffrent times in the Supreme Court.This book is also filled with a lot of intresting facts like how at the beginning of the Supreme Court Cheif Justice Jay was going to wear a wig, like British Judges, and how the court got to its present attire.Schwartz is definitly a good book to have handy when researching the Supreme Court
Prof. Schwartz' book is the best I have read on the subject to date, and as a Judge, I have a particular interest in the Supreme Court. Schwartz' writing flows, and his knowledge is second to none. I recommend this book to anyone even casually interested in the Supreme Court. He really brings this subject to life.
My interest is in American history in general, not the Supreme Court or American law in particular, and I found this book very good in its treatment of the issues, the personalities, and the times in which decisions were made. Although the first 50 pages were slow-going, once into the direction that Schwartz was leading me, I found the book moved nicely and quickly with a solid narrative. The four case studies, Dred Scott, Lochner, Brown vs. Board of Education, and Roe v. Wade, brought the larger times into view. I thoroughly enjoyed the small details of individual judges, such as Rehnquist having been a clerk at the court decades before he was a justice there, that help shape and explain seemingly contradictory actions by individual jurists. Emminently readable, it is excellent history.
Author succeeds in packing sufficient detail into a one volume work without getting into overload and, more importantly, while keeping it readable. The chapters on ROE and BROWN are worth the read in itself. Read this instead of THE BRETHREN. Also check out Gunther's bio on Judge Hand
As a University of Tulsa College of Law Alum, I was fortunate enough to have been instructed in Constitutional Law by Professor Schwartz. His lucid, anecdotal style of teaching inspired me(yes, I did say inspire) to read A History of the Supreme Court. I found it to be the most entertaining and informative one volume treatise available on this venerable institution. I can honestly say that this book is a must for anyone, laymen or lawyer, who would like to know more about the branch of government that shapes the laws that shape our lives.