A History of the Supreme Court Revised ed. Edition
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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.
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"Excellent text!"―Charles C. Perkins, Fisher College
"This is a first-class history of the Supreme Court by an author who writes well, and it should provide a solid background for students who wish to study the Court rather than just read excerpts from opinions."―Dr. Robert W. Langran, Villanova University
"An excellent account of our still least-visible yet no longer least-dangerous branch of the national government. In what is the best one-volume history of the U.S. Supreme Court, Schwartz guides the reader on an impressive, informative journey through the court's work over its two centuries of existence....Schwartz's latest scholarly contribution to the literature of the Supreme Court is required reading, and not just for lawyers or law professors. Highly recommended."―Library Journal (starred review)
"A well-written account [that] takes us from the beginnings of the American judical system down to the present."―The New York Times Book Review
"A thorough, balanced, and readable chronological overview of the highest court in the land. He mixes biographical sketches of justices like John Marshall with insightful analyses of major decisions, offering also a close look at four watershed cases, e.g., those regarding desegregation and abortion. Schwartz's account of the modern court, especially that headed by Warren, is lively and savvy, with a moderate-liberal slant."―Publishers Weekly
"This compact yet comprehensive volume fills a special niche in writings about the Supreme Court and Constitutional law. Its detailed, yet manageable, information and analysis illuminate the critical role that the Court has played throughout U.S. history as the final arbiter of constitutional meaning and, hence, the ultimate guarantor of civil liberties and civil rights."―Nadine Strosser, Professor of Law, New York Law School, and President, American Civil Liberties Union
"Lots of writers have exhaustively mined the subject of judicial activism since Holmes's' appointment to the U.S. Supreme Court. Few Scholars have understood the nineteenth-century tradition from which twentieth-century activism emerged. Professor Schwartz has given us in twelve pages the most insightful, historically sound, intelligible analysis of the Dred Scott case ever written. Unlike mathematicians, there are no brilliant young writers; brilliant writers are old and experienced writers, and this is the crowning achievement of Professor Schwartz's long and distinguished career."―Richard Neely, Justice of the West Virginia Supreme Court of Appeals, author of How Courts Govern America
"Throughout our history, Justices of the Supreme Court have frequently affected our lives and fortunes to a greater extent than presidents and congresspersons. Bernard Schwartz has performed the monumental task of familiarizing us, in a readable manner, with the careers and works of those who served on the highest court in the land. The Schwartz Supreme Court history belongs in the library of all who seek to better understand our democratic way of life."―Stanley Mosk, Justice of the Supreme Court of California
"[An] elegantly written one-volume history....A lively narrative that springs to life through the introduction of key cases and colorful figures....Highly readable....It is, by far, the best one-volume history we have of the Court."―Kermit Hall, The Ohio State University
"In a well-written account takes us from the beginnings of the American judicial system...to the present."―New York Times Book Review
"Bernard Schwartz says he set out to write a good one-volume history of the Supreme Court, and he has done a masterful job of achieving that goal. Schwartz has managed to give life to the Court by spinning a story that encompasses a variety of integrated themes: the growth of Supreme Court power, the ebbs and flows of the Court's performance, the character and philosophy of individual justices, and developments in legal doctrine."―Paul Kens, Southwest Texas State University
About the Author
Bernard Schwartz is Chapman Distinguished Professor of Law at the University of Tulsa, and is the author of forty books on the law and the history of the Supreme Court.
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Product details
- Publisher : Oxford University Press; Revised ed. edition (February 23, 1995)
- Language : English
- Paperback : 480 pages
- ISBN-10 : 0195093879
- ISBN-13 : 978-0195093872
- Item Weight : 1.51 pounds
- Dimensions : 9.2 x 6.14 x 1.3 inches
- Best Sellers Rank: #171,788 in Books (See Top 100 in Books)
- #52 in Civil Law Procedure (Books)
- #125 in Legal History (Books)
- #196 in United States History (Books)
- Customer Reviews:
About the author

BERNARD L. SCHWARTZ is an investor, a retired industrialist, a progressive public policy advocate, and a philanthropist. For thirty-four years he served as chairman and CEO of Loral Corporation and its successor company, Loral Space & Communications. Loral, a Fortune 200 defense electronics firm, achieved revenues of nearly $7.5 billion and employed 38,000 people at its height. Mr. Schwartz also formed and served as CEO of K & F Industries and Globalstar Telecommunications. He is currently chairman and CEO of BLS Investments, LLC, a private investment firm, and he also manages the investments of the Bernard and Irene Schwartz Foundation, which invests in think tanks, universities, and advocacy organizations, specifically targeting programs that develop policies focusing on US economic growth and job-creation initiatives. It also supports institutes of higher education, medical research, and New York City-based cultural organizations. Mr. Schwartz and his wife are lifelong Democrats and active supporters of the Democratic Party.They were born in Brooklyn and have resided in New York City all their lives. Visit him at www.bernardlschwartz.com. A March 20th videotaped conversation between Charlie Rose and Mr. Schwartz may be viewed here (https://vimeo.com/89884335). An interview with the author by Bill Baker, president emeritus of WNET, New York’s public television station, is available for viewing here (https://vimeo.com/88217984).
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Schwartz focuses on two main themes in the narrative. The first one, addressed in the Prologue and in the first few chapters, deal with the practice of Judicial Review in Anglo-Saxon common law, and especially in the early US, where under Chief Justice Marshall, the supreme court has been established as SUPREME - that is, in position to pass judgment on State legislators, State courts, and even the US Congress.
The theme is very prominent in the early history of the Court, where the Supreme Court fulfilled its Hamiltonian role as the final authority on the constitutionality of law. Very early, US Justices have proved that they were every bit the politicians as the Jurists - Chief Marshall successfully established Judicial Review in his Marbury vs. Madison decision, while Roger B Taney catastrophically endangered it in his attempt to end the political crisis of the Union via his Dred Scott Decision.
Later in the book, Schwartz still devotes time to the question of Judicial Review, but then in a new disguise - that of Judicial restraint, which Schwartz first sees in the actions of Roger B Taney, but which were only manifested plainly in the dissents of Oliver Wendell Holmes, most famously in the Lochner vs. New York case (1905), where the majority judges, led by Rufus W. Peckham, substituted its judgement to that of the legislative branch, and ruled a law restricting working hours unconstitutional (See Lochner v. New York: Economic Regulation on Trial ). Under Judicial Restraint, the Supreme Court was only to overrule laws which no reasonable person could say were constitutional.
The other major theme in Schwartz's narrative is the switch from the primacy of property rights in the 19th century, to the supremacy of personal rights in the 20th. As the US came to allow much more government intervention in the economy, Schwartz argues, the rights of the private citizen, and especially the rights guaranteed in the bill of rights and the right of privacy had to be privileged. This tendency reached its climax in the Warren court, and particularly in the Brown vs. Board of Education decision. Surprisingly, though, the subsequent Burger court did not overthrow the trend. Rather, important personal rights rulings (such as Miranda) were affirmed, and even the right to abortion was guaranteed, as a right included within the right of privacy. The Rhenquist Court, though even more conservative then the Berger Court, has yet to turn the tables on Warren's revolution; indeed, the recent judgement against anti-Homosexual laws in Texas is another landmark civil rights decision.
Schwartz's book is interesting and thorough, but is not without flaws. The writing is somewhat crude, and Schwartz quotes other historians much too much. Schwartz has also an irritating tendency to use the same quote several times, and one quote from judge Frankfurter appears four times at least. The book also has the annoying tendency to assume all the readers are Americans.
Worse, sometimes Schwartz's scholarship is lacking. In the case of Dred Scott vs. Sandford, for example, Schwartz's makes no reference to the classic study by Don E. Fehernbacher ( The Dred Scott Case: Its Significance in American Law and Politics ), either in the text or in the bibliography. As a consequence, several of Schwartz's conclusion are somewhat distorted, and sometimes his views come out of the blue entirely. Thus Schwartz calls Stephen Douglas "the chief political victim of the Dred Scott Decision" [p.124] which is inaccurate and highly misleading. In the short run, Douglas's popularity in the South did not diminish after the Dred Scot decision, and when it did, it was due to his opposition to the Lecompton constitution - not to Dred Scott. In any event, Schwartz completely ignores the sectional split within the Democratic Party, a split that was indeed seemingly worsened by the Dred Scott decision, which abandoned ambiguity in favour of an endorsement of the Southern view.
Ultimately, Schwartz's book is both instructive and readable. If it is does not quite warrant a general endorsement, it is a good primer for those interested in American legal history.


