God Save this Honorable Court: How the Choice of Justices Shapes Our History [Hardcover]

Lawrence H. Tribe (Author)

Editorial Reviews

From Library Journal

Tribe's new book takes on William Rehnquist, senators seeking a precise litmus test for judicial appointments, champions of judicial restraint, and, sub silentio, Edwin Meese. His study of the political history of High Court appointees demolishes several claimse.g., that one justice cannot make a difference in judicial proceedingsand mythsthat of "strict constructionism," with Tribe insisting that literal adherence to the constitutional text abdicates judicial responsibility. So, too, he finds, does the inevitably inconclusive inquiry into the Framers' intent. Then there is the myth of the "spineless Senate," which, he shows, is anything but the case. Tribe's respect for the Court's power is boundless; not that he is uncritical, but he does appreciate its extraordinary influence, and, given it, argues that Senate and nation must subject each nominee to the closest scrutiny. This tightly argued appeal can be readily followed by nonlawyers. It should be heeded. Milton Cantor, History Dept., Univ. of Massachusetts, Amherst
Copyright 1986 Reed Business Information, Inc.

Product Details

• Hardcover: 171 pages
• Publisher: Random House; 1st edition (August 12, 1985)
• Language: English
• ISBN-10: 0394548426
• ISBN-13: 978-0394548425
• Product Dimensions: 9.8 x 6.7 x 0.9 inches
• Shipping Weight: 1 pounds
• Average Customer Review: 2.5 out of 5 stars  See all reviews (2 customer reviews)
• Amazon Best Sellers Rank: #2,372,387 in Books (See Top 100 in Books)

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1 of 1 people found the following review helpful:

4.0 out of 5 stars Dated warnings and recommendations, but thought-provoking nonetheless, May 18, 2010

By 

Kurt Conner (South Hadley, MA USA) - See all my reviews
(VINE VOICE)    (REAL NAME)   

This review is from: God Save This Honorable Court - How the Choice of Supreme Court Justices Shapes Our History (Paperback)

This is a curious peek into how the Supreme Court was viewed in the beginning of 1985. Apparently, there was a myth that the Senate was spineless and would just confirm anyone the President suggested, and people thought that Presidents were often surprised by the decisions made by their nominees once confirmed. These myths seem like bizarre historical quirks in 2010, when the question of a Presidential candidate's potential nominees is such a huge focus in every major election, but they are valuable quirks, and Professor Tribe ably guides the reader through not only myths believed by the public but also historical overviews, issue-based analyses of the Burger Court, and suggestions for the future of the nomination process. Tribe makes a compelling case for a vigorous confirmation hearing in the Senate, and it is a refreshing one after so many ugly partisan hearings that have little to do with a nominee's actual abilities to decide cases fairly.

I was a student in Professor Tribe's Constitutional Law class in the Spring of 2005, and I did not particularly enjoy the process. I got the impression that Tribe took Justices at their word when they promised that they were applying various convoluted tests and imaginary standards, while I was much more skeptical about how conveniently the end results were exactly what the majority of Justices wanted no matter how the issues were analyzed. In this book, however, Tribe comes across as much more of a realist. He recognizes political forces and the way that desired outcomes have effects on the legal analysis of a case, and this book comes across overall like a simplified version of his class, maintaining almost all of his admirable qualities as an educator and almost none of his faults.

This is not exactly a must-read, as it sounds alarms that were most relevant 25 years ago, but it is an enjoyable read, and I highly recommend it for anyone interested in the history of the Supreme Court and a brief introduction to Constitutional Law.

7 of 23 people found the following review helpful:

1.0 out of 5 stars Plagiarism?, September 28, 2004

By 

Danny American - See all my reviews

This review is from: God Save this Honorable Court: How the Choice of Justices Shapes Our History (Hardcover)

Laurence H. Tribe has admitted that he plagiared several passages from Henry J. Abraham's 1974 book on Supreme Court appointments, Justices and Presidents. Research before you buy..