The Supreme Court: The Personalities and Rivalries That Defined America
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'Superbly well written . . . a wonderfully informative guide to the Supreme Court both past and present.'-David J. Garrow, American History Jeffrey Rosen recounts the history of the Supreme Court through the personal and philosophical rivalries that have transformed the law-and by extension, our lives. With studies of four crucial conflicts-Chief Justice John Marshall and President Thomas Jefferson; post-Civil War justices John Marshall Harlan and Oliver Wendell Holmes; liberal icons Hugo Black and William O. Douglas; and conservative stalwarts William H. Rehnquist and Antonin Scalia-Rosen brings vividly to life the perennial rivalry between those justices guided by strong ideology and those who cared more about the court as an institution, forging coalitions and adjusting to new realities. He ends with a revealing conversation with Chief Justice John Roberts, who is attempting to change the court in unexpected ways. The stakes, he shows, are nothing less than the future of American jurisprudence.
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| 07-29-08 | 3 | (NA) |
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I found this account of the Supreme Court far less engaging than "The Nine". Rosen's main point - that judicial temperament determines success on the court, in the sense that justices who work well with others have more influence - hardly qualifies as an earth-shattering insight. But it causes him to adopt an awkward structure for the book, sorting through history to pick pairs of judges, who are then analyzed in a series of artificial head-to-head comparison. The result seems forced, and not particularly illuminating.
Rosen may have thought it a coup when he scored the in-depth interview with the new Chief Justice Roberts that rounds out the book. But it's basically a string of banalities, wherein Rosen seems like nothing more than a mouthpiece for Roberts's insubstantial, Pollyanna-ish platitudes. The effect is to undermine any credibility Rosen might have built up in the preceding chapters. But how much respect does this kind of writing really deserve, anyway? "If the pairings of judicial temperaments in this book suggest anything, it is that courting attention and partisan approval in the short term is no guarantee of judicial respect in the long term. In each of the pairings, there have been consistent tropes. The brilliant academic is less appealing over time than the collegial pragmatist. The self-centered loner is less effective than the convivial team player. The resentful braggarts wear less well than the secure justices who know who they are. The narcissist wields judicial power less sure-handedly than the judge who shows personal as well as judicial humility. The loose cannons shoot themselves in the foot, while those who know when to hold their tongues appear more judicious. (On the court, a justice often achieves more by saying less.) The ideological purists are marginalized, while those who understand when not to take each principle to its logical extreme are vindicated by history. Those who view cases in purely philosophical terms are less sure-footed than those who are aware of the cases' practical effects. Those with the common touch win broader support than those who live entirely in abstractions". An author who indulges in eight consecutive repetitions of the same point (i) needs a better editor and (ii) must not have a very high opinion of his readers. This book was not terrible, but it wasn't very good either. (Review Data Last Updated: 2008-11-18 11:25:03 EST)
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| 10-06-07 | 5 | (NA) |
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Recently there have been many good books available about the Supreme Court. For a quick, no-nonsense straight to the heart of the matter history of Supreme Court, this is the book. A history of the Supreme Court derived from its major decisions and its major dissenters. The author shows that often justices that may be on the dissenting side of Supreme Court decisions are sometimes justices that are ahead of their time. Their lonely decisions often become basics to the American way of life in a later era. The Author, Jeff Rosen also relays a life's lesson to Supreme Court Justices, that in the interplay between majority vs. dissenters decisions, no matter how dedicated, wise, or oracle-like a justice appears, history bears out that the justices that "play ball", fraternizes, cajoles, and displays a good nature seem to win out. In other words the Law is not just the Law, the decisions cannot be divorced from the political impetus that brought them to the court and the most successful Justices are the most political Justices. Nothing underscores this more than the chapter on Justice Holmes and Justice Harlan. Justice Holmes was an ivory tower type justice and his reputation is somewhat revered today. Justice Harlan is lesser known, but the track record shows that modern American life revolves around decisions he made and that Holmes has been surpassed in almost all his major decisions.
A very rewarding book, that will make the reader feel that in one book you can gain an understanding of what make the supreme court tick, and some of the twists ands turns it has taken in its history (Review Data Last Updated: 2008-08-04 08:24:43 EST)
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| 06-18-07 | 5 | 3\3 |
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Jeffrey Rosen's accessible and engaging companion book to the PBS series offers not only a fine introduction to the U.S. Supreme Court (and many of the most important cases it's decided in its history) but also a perspective from which to understand the Court as an institution. This perspective is tantamount to Rosen's thesis: that "judicial temperament" is a quality possessed by the Court's most distinguished justices, those who subordinate their ideological leanings to the deliberative and practical process of establishing legal consensus.
Rosen illustrates his thesis with four case studies: Marshall and Jefferson (not a justice); Harlan and Holmes; Black and Douglas; Rehnquist and Scalia. In each case one justice is seen as embracing judicial temperament while the other (or Jefferson, in the first chapter) is cast as something of an ideological maverick, a flamboyant but ultimately less influential constitutional thinker. Like one reviewer here, I found the questions raised by such pairings to be productive rather than reductive: Rosen is making a legal-historical argument here, and so reading his history of the Supreme Court is necessarily an exercise in critical interpretation. The chapters on the twentieth-century Court are excellent, with Rosen showing how the liberal-leaning Hugo Black and the conservative-leaning William Rehnquist had more in common with each other (in terms of judicial temperament) than with their respective colleagues: William O. Douglas and Antonin Scalia. Here Rosen parses the legacies of Black and Rehnquist by showing how their restrained judicial character helped them produce well-crafted decisions that advanced the Court's legitimacy in the public eye. Douglas and Scalia, on the other hand, were/are so committed to the purity of their ideological beliefs that, whatever one thinks of their individual decisions (and I am decidedly aligned with Douglas over Scalia in this regard), one has to come to terms with the fact that their jurisprudence will not have a lasting influence on the law of the land. Douglas and Scalia are seen as larger-than-life personalities, self-aggrandizing justices who rarely spoke for the Court as such. Again, you might agree or disagree with the specifics of Rosen's argument and framing of his historical examples. But the survey presented here is a solid, general introduction to Supreme Court history. And with judicial temperament Rosen gives us a lens through which we might view that history, and understand better exactly how the Court works. (Review Data Last Updated: 2008-01-18 07:17:00 EST)
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| 05-24-07 | 3 | 2\4 |
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For a look into some of the most well known figures in the Supreme Court, this book does a fantastic job. From in-depth analysis of their personalities to little anecdotes on each Justice, the Author clearly knows his history.
It's a tad short, and I think the specific cases could have been covered in greater detail. While it was informative, it didn't have that something special that had me anxious to keep reading. At times, I felt like I was reading a history book. If you're someone looking to get some background into the Supreme Court and some of the characters that shaped it, this is a good book to start with. You may not feel completely entertained, but you will feel smarter after reading this book. (Review Data Last Updated: 2008-01-18 07:17:00 EST)
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