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The Supreme Court

The Personalities and Rivalries That Defined America

Jeffrey Rosen and Thirteen/WNET

St. Martin's Griffin

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ISBN10: 0805086854
ISBN13: 9780805086850

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288 Pages

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Though it is recognized as an elite branch of the United States government, the Supreme Court is, at its root, a human institution, made up of bright people with strong egos, for whom political and judicial conflicts often become personal. In this character-driven account, Jeffrey Rosen recounts the history of the Court through the personal and philosophical rivalries on the bench that transformed the law—and by extension, the lives of all people governed by U.S. law.

Rosen begins with Chief Justice John Marshall and President Thomas Jefferson, cousins from the Virginia elite whose differing visions of America set the tone for the Court's first hundred years. He continues after the Civil War with Justices John Marshall Harlan and Oliver Wendell Holmes, who clashed over the limits of majority rule. Rosen then examines the Warren Court era through the lens of the liberal icons Hugo Black and William O. Douglas, for whom personality loomed larger than ideology. He concludes with a modern pairing, the conservatives William H. Rehnquist and Antonin Scalia, only one of whom was able to build majorities in support of his views.

Through these four rivalries, Rosen brings to life the conflict that has always animated the Court—between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He explores the relationship between judicial temperament and judicial success or failure.

The PBS classroom discussion guide can be found at http://www.pbs.org/wnet/supremecourt/index.html

Reviews

Praise for The Supreme Court

"Superbly well written . . . a wonderfully informative guide to the Supreme Court both past and present."—David J. Garrow, American History

"[The Supreme Court] covers the same territory as the [PBS] documentary with an even sharper focus on the role of judicial personality in shaping the court . . . While Rosen's book and the TV series are largely about the court's past, the subject of greatest interest right now is the court's future. Both series and book give us a glimpse of that through interviews with [Chief Justice] Roberts. They include reflections by the new chief on what can be learned from the court's history, what the chief justice's role ought to be, and how he hopes to execute that role during his tenure. The final chapter of Rosen's book is devoted almost entirely to Roberts's views. It makes fascinating reading."—Mark C. Rahdert, Temple University Beasley School of Law, Chronicle of Higher Education

"Part scholar, part popularist, [Rosen] has fashioned a set of Plutarchian pairings of leading legal figures that combines fine biography with nuanced discussions of jurisprudential debates, from the founding to the present . . . He had me on the first page."—Slate

"A thoughtful, thought-provoking, and only occasionally textbookish study of the Court's history and its possible future under new Chief Justice John Roberts."—Luther Spoehr, The Providence Journal

"An enjoyable and interesting take to the writing on Supreme Court history."—Stephen Wermiel, Trial

"Offers fascinating insights into the inner workings of one of the nation's most mysterious institutions. Unlike many books that deal almost exclusively with the Supreme Court as an institution, Rosen's focus is on the people who contribute to the development of the Court's decisions . . . This book is must reading for anyone who wants to better understand how the Supreme Court works . . . Essential."—R. Stidham, Appalachian State University, Choice

"Jeffrey Rosen combines the spellbinding talents of a master storyteller, the astute eye and ear of a master journalist, and the penetrating insights of a scholar steeped in the law and politics of his subject. Rare is the book I'd call a must-read for every Supreme Court justice and every president and senator faced with the awesome tasks of nominating or confirming one—as well as for every citizen who cares about what's at stake. This is just such a book."—Laurence Tribe
"It was all very well for John Adams to say that the great political goal is 'a government of laws and not of men.' But government, emphatically including the judicial branch, is men and women. In this lively, nuanced history, Jeffrey Rosen, one of America's most acute writers on constitutional law, shows how clashes of large personalities have shaped conflicts about important principles."—George F. Will

"Jeffrey Rosen has written a superb and accessible history of the Supreme Court and, in doing so, has given readers an opportunity to understand both the past and the present importance of the institution."—Alan Brinkley

"Jeffrey Rosen, one of our most astute observers of the Supreme Court, understands that personalities can play a critical role in deciding American law. His arresting new book focuses on some of the most dramatic and consequential chapters in American legal history, depicting them as deeply human events in which temperament as well as legal philosophy came to the fore."—Sean Wilentz

"Authoritative analysis of how the justices' 'quirks of personality and temperament' have shaped American law and made the Court one of our strongest institutions. Rosen traces the Court's evolution through the stories of four pairs of personalities and their clashes over important issues. The most successful justices, he argues, have been 'institutionalists': effective leaders and consensus-builders who are modest, likable, able to find common ground and more concerned about the legitimacy of the Court than their own interests and agendas. The least successful justices have been insecure, heavy-handed 'loners' more interested in personal glory than in quietly getting things done. Specialists will appreciate Rosen's examinations of these conflicting judicial temperaments at play during different periods in history . . . The basic differences animating these clashing duos are made clear. Crafty and appealing Chief Justice John Marshall managed time after time to outfox his introverted, thin-skinned political opponent, Thomas Jefferson. Gregarious Justice John Marshall Harlan won out on the issue of majority rule over darker, more ideological Justice Oliver Wendell Holmes, Jr. The persuasive Hugo Black, deeply devoted to the institution of the Court, proved far more influential on key issues than undisciplined, self-destructive William O. Douglas. Of modern conservative justices, Rosen finds that the pragmatic William H. Rehnquist was much more respected within the Court than Antonin Scalia, a rigid purist. A concluding chapter based on an interview with Chief Justice John G. Roberts, Jr., suggests that he may have the temperament of his successful predecessors. An illuminating look at the human side of the highest court."—Kirkus Reviews

"Rosen uses a historical context to examine the influence of judicial temperament on the tenures of some of the most influential Supreme Court justices. The author is a law professor at George Washington University as well as legal affairs editor at the New Republic, but the book is concise and free of legal jargon. In each chapter, Rosen compares and contrasts the personalities and backgrounds of one pair of historical figures, beginning with John Marshall and Thomas Jefferson and ending with current justice Antonin Scalia and the late chief justice William Rehnquist. Rosen's approach to judicial decision making is informative . . . [A] solid work."—Library Journal

Reviews from Goodreads

BOOK EXCERPTS

Read an Excerpt

Introduction

On April 8, 1952, to prevent an imminent steelworkers' strike that he thought would cut off the flow of guns to U.S. troops in the middle of the Korean War, President Harry S. Truman decided to use his authority as commander...

About the author

Jeffrey Rosen and Thirteen/WNET

Jeffrey Rosen is a professor of law at George Washington University and the legal affairs editor of The New Republic. He is the author of The Most Democratic Branch, The Naked Crowd, and The Unwanted Gaze. His articles have appeared in many publications, including The New York Times Magazine, The Atlantic Monthly, and The New Yorker. He is a frequent contributor to National Public Radio and lives in Washington, D.C.

Bill Fraser

Read Articles by the Author at The Atlantic