A History of the Supreme Court

by Bernard Schwartz

Book Overview

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...

• Format: Paperback
• Language: English
• ISBN: 0195093879
• ISBN13: 9780195093872
• Release Date: February 1995
• Publisher: Oxford University Press
• Length: 480 Pages
• Weight: 1.98 lbs.
• Dimensions: 1.3" x 6.1" x 9.2"

Customer Reviews

Good concise view of the dynamics of Supreme Court history

A number of aspects of this book make it very readable. Certainly, the four watershed cases, each presented with some detail and background, are good reading, and each highlights an important chapter in American history. The author' s critical opinions of the personalities and accomplishments of the Justices lend a sharp focus to each of the Courts. Then, the reasonable brevity of the book gives the reader a good opportunity to reflect over both the evolution of the Supreme Court and how it relates to the development of the United States as a whole. Looking back over the history of the Supreme Court, it is clear, as the author notes, that the work of the Court is a dynamic process. A great deal has changed since the Constitution was first composed. The world has become considerably more crowded and complex, and anyone who has observed this change over time, from the original thirteen states on the edge of a largely unexplored and unknown continent to the urbanized and highly organized society with electronic technology, can appreciate the unavoidable growth of regulation and the increasing role of law. The Founders, of course, could never have anticipated such changes. What they did lay down was a basis of stability. The original Constitution contains a basis that goes as far as setting up a framework of checks and balances and providing a Bill of Rights. When the Founders departed from generalities, such as in assigning the authority to "coin money" with no apparent authority to print money, it soon became hopelessly out of date. The watershed cases mark long histories of injustice that involve a great deal of struggle. The ruling in the Dred Scott case, in which it was decided that black slaves were not anything more than property, created an uproar that in large part was responsible for plunging the country into a civil war. In the aftermath of Reconstruction, after amendments were passed that henceforth allowed citizenship, the problem of inequality took a different turn toward the evils of segregation, and was not resolved for a long time afterward, not until 1953, when the Warren Court decided Brown v. Broad of Education. In a similar vein, the Lochner case showed how far the Court of the time was willing to use ideology, a theory of economics, in promoting the survival of the fittest. For a very long time, throughout the industrial revolution, the Court struck down statutes that sought to protect workers and children from unfair labor practices. It was not until 1937 that the tide was finally turned.

Nothing else better -- for better or worse

I give five stars for three reasons. First, unlike many other legal histories it has few Latin phrases and most legal terms are explained. Second, the competition is multivolume tombs, most of which are very out dated, so this is by default the best book out there. Third, arguably, every major justice and case that shaped the philosophy of Constitutional Law is covered. It is remarkable that such long history can be meaningfully condensed into one book. It is an excellent reference to look up subjects that appear in books, news and current events. It is essential for understanding Constitutional Law. For a faster read try skimming through some of the drier (or less well written) biographical descriptions, which are relatively easy to weed out. Schwartz covers some of the most interesting aspects of the early court when the Justices also served on the federal circuit court, spending as much as six months of the year traveling cross country under the most brutal conditions. Schwartz describes the evolution of Constitutional Law involving the struggle between the federal and state governments leading up to and after the Civil War. His coverage of Holmes during the development of the modern system of federal government is very good, although sometimes biased with Schwartz's liberal views. Schwartz goes into special detail for Civil Rights with chapters on Brown v. Board of Education and Roe v. Wade. Roe not only concerns abortion, it also establishes for the first time the Constitutionality of autonomy: the right to choose medical treatment, raise a family when and how you wish, as well as a right to shape your intellect and personality - and that is a fascinating read. While at times Schwartz carries on for a few pages about quarrels and politics that reveal little, he does get to the point, which is often worth the wait. Criticism As much as this book puts all the pieces together, it makes a lot more sense if you know some of the pieces first. If you have a special interest on a time period; Revolutionary period, Jacksonian Era, labor movement, Civil Rights or Constitutional Law, there are sections that are waiting for you. While Schwartz does include surrounding events, he concentrates on the philosophy, particularly the development of liberal ideals in Constitutional Law. He even goes out of his way to criticize Richard Posner, a Federal Circuit Court Judge from the "Chicago-school" (economic law as part of curriculum) and prolific writer who has views every bit as conservative as Schwartz's views are liberal. An absence of political commentary would have made for a better history (not that I prefer Posner). His history does reveal the undertones of political tug-of-war between Congress or the Executive against the Court, but he occasionally attributes events in history to the genus of certain justices rather than as a product of a complex process. This is particularly true with his description of Holmes, who is one of his heroes

Outstanding History

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.

Recommended for anyone interested in 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.

A lucid and enjoyable overview

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.