The Supreme Court and the American Elite, 1789-2008 (Hardcover)

~ Lucas A. Powe Jr. (Author)

Editorial Reviews

Review

An excellent book, and great fun to read. It is lively, opinionated (in the best fashion), and full of new insights about every period in the Supreme Court's history.
--Jack M. Balkin, Yale Law School (20090415)

A leading historian of the Supreme Court, Powe decries what he calls the Imperial Court, which he sees as overly concerned with solidifying its primacy through a series of pretentious opinions. He details a litany of cases in which the Rehnquist Court overturned positive, progressive, and proactive legislation designed to protect and improve society, instead turning to rigid interpretation in an overreaching attempt to stifle congressional authority, as granted by the Constitution. Powe links the Supreme Court's late 20th-century mindset change with the ascendancy of a Republican majority in Congress, which began with the 1994 elections and continued until the mid-term election of 2006. As the author convincingly argues, surfing waves of electoral sentiment is a bad move for a Court cognizant of its historical legacy, and it may some day regret its decisions to invalidate the Violence Against Women Act, strike down the Gun Free School Zones Act, and abrogate damage-remedy provisions under both the Age Discrimination and Americans with Disabilities Acts.
--Philip Y. Blue (Library Journal )

Powe has certainly written a book that is entertaining, quirky, idiosyncratic, fun to read, and more than occasionally insightful. It does blend together legal doctrine and American politics, and as a result the history is richer--and more complete--than the usual account.
--Lawrence M. Friedman (American Prospect )

Product Description

“The Supreme Court follows the election returns,” the fictional Mr. Dooley observed a hundred years ago. And for all our ideals and dreams of a disinterested judiciary, above the political fray, it seems Mr. Dooley was right. In this engaging—and disturbing—book, a leading historian of the Court reveals the close fit between its decisions and the nation’s politics.

The story begins with the creation of the Constitution and ends with the June 2008 decisions on the rights of detainees at Guantánamo Bay. Rendering crisp (and often controversial) judgments on key decisions from Marbury v. Madison to the War on Terror, Lucas Powe shows how virtually every major Supreme Court ruling, however deftly framed in constitutional terms, suited the wishes of the most powerful politicians of the time. This history reflects a changing Court, from the country’s early struggles over commerce and transportation to the torturous justifications of slavery before the Civil War, to a post–New Deal interest in ending segregation, controlling criminal procedure, and addressing knotty questions arising from the Cold War. Through all of this the Court emerges as part of a ruling regime, doing its best to implement the regime’s policies.

Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.

See all Editorial Reviews

Product Details

• Hardcover: 432 pages
• Publisher: Harvard University Press; 1 edition (April 17, 2009)
• Language: English
• ISBN-10: 0674032675
• ISBN-13: 978-0674032675
• Product Dimensions: 8.3 x 5.7 x 1.4 inches
• Shipping Weight: 1.3 pounds (View shipping rates and policies)
• Average Customer Review: 4.0 out of 5 stars  See all reviews (2 customer reviews)
• Amazon.com Sales Rank: #94,620 in Books (See Bestsellers in Books)

  Popular in these categories: (What's this?)

  #20 in	Books > Nonfiction > Social Sciences > Political Science > United States > Constitutional History
  #26 in	Books > Professional & Technical > Law > Procedures & Litigation > Courts
  #40 in	Books > Nonfiction > Law > Procedures & Litigation > Courts

Customer Reviews

Most Helpful Customer Reviews

12 of 13 people found the following review helpful:

5.0 out of 5 stars A great read for Supreme Court fans and historians!, May 26, 2009

By	Jim S. (Cleveland, Ohio USA) - See all my reviews

I really enjoyed this book. I have read many, many books on the Supreme Court, its history, and the lives of those who have served upon it, and this one rates among the most enjoyable panoramic histories I've read. It may not appeal as much to one who selects this as an introduction to the Court's history, as I believe it is written more for persons already familiar with the area -- but for those readers, it offers a rewarding insight into each of the cases, controversies, and personalities, and the interactions of these forces, which have shaped the Court and the Country since its founding days.

3 of 6 people found the following review helpful:

3.0 out of 5 stars Disappointing, July 20, 2009

By	JMB1014 "JMB1014" (USA) - See all my reviews

Amazon Verified Purchase

This book is a cursory overview of the history of the Supreme Court of the United States, purporting to vindicate the view that the court has generally worked to make law consistent with the interests of the privileged. Hence the title. Unfortunately, what could have been a worthwhile project reads as if it was dictated at a good clip, largely off the top of the learned author's head. As someone who is accustomed to reading legal history, biographies of judges, and court decisions, I can only lament that this author seems to have missed the opportunity to write a very good book and opted instead to write a breezy one that is not much better than mediocre. Perhaps Professor Powe felt this book would convince a good slice of the American populace of the accuracy of his thesis if he kept things short and to the point. He need not have worried: the average American is watching "American Idol" or mourning Michael Jackson, not wondering if the Supreme Court has been inclined to go along with "the American elite."

This volume contains an index, a list of cases referenced in the text, and a chronology. It would be useful for a Political Science student taking a class on constitutional history or possibly constitutional law.

For those who are very serious about constitutional history, there is the late Bernard Schwartz's excellent "A History of the Supreme Court," which is still the standard. Also recommended are two books by Akhil Reed Amar, "The Bill of Rights: Creation and Reconstruction," and "America's Constitution: A Biography."