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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 undistinguised 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
How did the Supreme Court evolve from an obscure, ill-esteemed institution into the preeminent arbiter of American law and society? Bernard Schwartz, a noted legal scholar, utilizes extensive primary source material, including personal correspondence and historical records, to construct a comprehensive narrative of the Court's development. By examining the jurisprudence of key justices and the shifting political landscape of the United States, Schwartz argues that the Court's authority is a product of both strategic political calculation and evolving constitutional interpretation.
What You Will Find
Legal scholars and historians frequently cite this work as a foundational, accessible text for understanding the institutional history of the judiciary. Readers often note the clarity of the prose, which successfully translates complex constitutional developments for a general audience.
Page Count:
480
Publication Date:
1993-10-07
Publisher:
Oxford University Press
ISBN-10:
0195080998
ISBN-13:
9780195080995
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