The Hidden History of the Supreme Court and the Betrayal of America

by Thom Hartmann

"Hartmann delivers a full-throated indictment of the U.S. Supreme Court in this punchy polemic." --Publishers Weekly

Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, lays out a sweeping and largely unknown history of the Supreme Court of the United States, from Alexander Hamilton's arguments against judicial review to modern-day debates, with key examples of cases where the Supreme Court overstepped its constitutional powers using the excuse of judicial review, and possible solutions.

Hartmann explains how the Supreme Court has spilled beyond its Constitutional powers in a series of rulings, including how it turned our elections over to American and foreign oligarchs with twin decisions in the 1970s, setting the stage for the very richest of that day to bring Ronald Reagan to power.

You'll hear the story of a series of Republican presidents who used fraud and treason to secure their elections, and how the GOP knew it but looked the other way because "the Court is hanging in the balance." A court that then went on to gut hundreds of pieces of progressive legislation, as Republicans had hoped.

Ironically, Hartmann points out, John Roberts (now the Court's Chief Justice), when he worked for Ronald Reagan in the 1980s, came up with a novel theory about how Congress could go around the Supreme Court. His goal was to effectively reverse Roe v. Wade and Brown v. Board, but in the process provides us with an elegant legal argument and legislative solution that could, in an emergency, be used by a progressive Congress and president to clean up much of the damage the Court has done in past decades.

Thomas Jefferson argued it is not the role of the Supreme Court to decide what the Constitution means, but rather the duty of the people themselves (and how they can do it). America may soon be forced to decide if it's going to continue to be governed as a constitutional monarchy, with nine unelected royals who have final say on everything, or if we are to revert to being a democratic republic as was largely the case before the late 1800s when America's first industrial era oligarchs corrupted the Court.

Genres: Politics, History, Nonfiction, Law, Government, American History, Audiobook

192 pages, Paperback

Published October 1, 2019

About the author

Thomas Carl Hartmann is an American radio personality, author, businessman, and progressive political commentator. Hartmann has been hosting a nationally syndicated radio show, The Thom Hartmann Program, since 2003 and hosted a nightly television show, The Big Picture, between 2010 and 2017.

Reviews

[Mike (HistoryBuff) · Rating 4 out of 5]

This book is very informative and at the same time depressing. The Carter presidency is where I first started paying attention to politics, albeit in a nonchalant way. As I read the Hidden History of the Supreme Court, I found myself realizing I had not paid close enough attention to just, well, the presidency since Carter. It may seem to the reader that the author has it out for the presidents of the GOP. I would disagree. As I read this extremely informative book, I did my own research checking the facts presented. While the author’s language may be derogatory at times, his conclusions are spot on.
The cases Mr. Hartmann reviews pertain to topics which are viewed as controversial in some circles. The information presented on cases dealing with Fossil Fuels, the Environment, Civil Rights, along with Court stripping (didn’t know that was a thing) are very educational, but not in a boring way.
The author injects his own opinion into most of the topics presented and very much so in his conclusions. That being said, I think the majority of readers will find this a fascinating read. Coming in at under 200 pages it is also a fast read and well worth your time.

[Derek · Rating 5 out of 5]

A 'must read' book for anyone who wants to understand how we arrived at a country that is no longer ruled by the people but instead ruled by the courts. Hartmann explains the historical underpinnings for the right wing judicial power grab that has trumped important public policy that we, the people, have enacted through congressional elections.

[Silas · Rating 4 out of 5]

I hate the supreme court now.

[Karen Gedeon · Rating 4 out of 5]

The Hidden History of the Supreme Court and the Betrayal of America by Thom Hartmann – This book is not for Republicans or old rich white men. If you are someone who has wondered what has happened to America this book will not only answer your questions, but it will make your blood boil. Historian Thom Hartmann has traced the least known branch of the federal government back through the constitution to the founding fathers sharing its history and it’s blatantly planned derailment from representing the whole country to representing only a chosen few beginning in the 1970s. Written for the general population of the United States, this book sometimes comes off biased, but gives enough information for the reader to search out the truth if truly interested. For those of us who lived through the 70s, 80s and 90s, we can look back at Hartmann’s account of history and realize we had no clue what was really going on. Realizing how the Supreme Court became so corrupt will infuriate some readers while others will admire the intricacies of all the illegal scheming. Those interested in government, politics or government history will find something of interest in this book.

[Claire · Rating 5 out of 5]

The book traces the evolution of the Supreme Court. Much of the body of the discussion was about cases that led to changes and effects of some decisions made by SCOTUS. Of particular interest to me was the discussion of quotations of the founding fathers about the power/assumed lack of power of the judiciary.

[Ryan Ward · Rating 5 out of 5]

Hartmann details how the Supreme Court became the bludgeon of corporations and billionaires and arrogated to itself power and jurisdiction not granted in the Constitution. Most importantly, he details ways that we can take back democracy from the court.

[Aaron · Rating 1 out of 5]

I hate, hate, hate when people use the stock phrase "we, the people" because, first off, it's usually grammatically incorrect (example: "...depriving we, the people, of our rights..."). It sounds like garbage.

Secondly, when people use that stupid phrase, they don't mean it. Believe it or not, Americans are not monolithic. We are not insects in a hive mind where we all have one opinion. We, the people, don't all agree with anyone. So saying that this or that corporation is ignoring the will of "we, the people" (*gagging, retching noises*) is just wrong since there is no single will of the American people and because the corporation is made up of people who apparently have a will.

Anyway, the premise that judicial review of the constitutionality of laws is unconstitutional and wrong is stupid. The author argues that the president should decide for himself what laws are constitutional and Congress should be responsible for deciding which laws are unconstitutional. This would mean that no laws are unconstitutional since a majority of Congress would not pass a law that the same majority believed was unconstitutional.

The author's complaint that the supreme Court thwarts the will of the majority makes me scratch my head. It's a feature, not a bug. The supreme Court is supposed to protect the rights of unpopular minorities. It's supposed to say that Nazis have free speech rights the same as the rest of us. It's supposed to say that practitioners of Santeria have the same right to the free exercise of religion as the rest of us.

All in all, it's a dumb book built around a temper tantrum because the supreme Court decided a couple cases differently than he wishes they had.

[Steve Matthews · Rating 1 out of 5]

Ok book

This book w!as written well. I disagree with some of the authors conclusions. I wouldn't recommend this book to conservatives, it was written from quite a slanted perspective.

[John Hively · Rating 4 out of 5]

Another good read and research by Hartmann. Well written and thought provoking.

[Michelle Malsbury · Rating 3 out of 5]

The Hidden History Of The Supreme Court And The Betrayal Of America
Berrett-Koehler Publishers, Inc., ISBN 978-1-5230-8594-1
Non-Fiction-US Constitution, Supreme Court, USA, history, corporate America
178 pages
October 2019 Review for Bookpleasures
Reviewer-Michelle Kaye Malsbury, BSBM, MM
Review
Thom Hartmann, author of The Hidden History Of The Supreme Court And The Betrayal Of America, is a progressive talk show host on the national and international syndicate and author of over twenty four books that have been translated into numerous languages. (2019, back cover) He has won the Project Censored Award four times. Talkers Magazine designated him as the number one talk show radio host for over a decade running.
Hartmann opens with what he feels was our Founders vision and a quote from James Madison to which he adds “Hobbe’s ideas, with their faith in hierarchy and patriarchy, also formed a basis for today’s conservative movement. He believed that the essential nature of humans was evil (because the Bible tells us we’re all ‘born of woman’) and that man’s original state was a life of continual warfare and fear “During the time men live without a common power to keep all in awe…”.” (2019, p.12-13)
As our Founders contemplated how best to represent the newly formed USA they also considered members of the Iroquois Confederacy. (paraphrase, 2019, p.14) Benjamin Franklin wrote the following to James Parker. “It would be a very strange Thing, if six Nations of Ignorant Savages should be capable of forming a Scheme for such an Union, and be able to execute it in such a Manner, as that it has subsisted Ages…”. (2019, p.14-15) We did not yet have a court system and the Iroquois Confederacy did. It is clear that they, (our Founders), spent some time reflecting on how that might direct the formation of our Supreme Court.
Hartmann writes that “From the founding of our republic in 1789 until 1803, the Supreme Court was only the final court of appeals.” (2019, p.16) In the beginning stages of this process they were also working toward ratification of the Constitution. Many also suggested that perhaps the Supreme Court might possess too much power.
Hartmann interjects the following. “Today, another collision confronts America as more and more progressive politicians attain national office and push for more and more progressive policies. Will the current Supreme Court—dominated by originalist Republican-appointed judges—allow for progressive legislation to move America forward? Or will the Court restrain Congress, the President, and the American people by handing down arcane interpretations of the Constitution to prevent popular policies?” (2019, p.30)
I think that no matter where you sit in the political spectrum you may find this short book and interesting read. I enjoyed it.

[Cindy · Rating 5 out of 5]

A brief overview of the many ways SCOTUS has overstepped…. and now exists in the pocket of the fossil fuels industry… leaving the future of democracy and the planet itself in grave danger. An important read/listen! Equally important is to join the growing movement to demand term limits, a code of conduct, and other steps We The People must take to wrest control of our future before it’s too late.

[Paul Deaton · Rating 4 out of 5]

Hartmann offers a succinct review of progressive positions on the Supreme Court from the 1971 Powell memo to what we hope is a last resort of stripping the court of power that may be required to address the climate crisis. Quick read, well documented. Recommend.

[Sherry · Rating 5 out of 5]

Somewhat difficult to follow at times due to legalese, this is an incredible book, full of little known history and if you aren't mad as you read this book, you may have no soul. Clearly the founders did not foresee the weaponization of the Supreme Court and the lower Federal Courts.

[Beth · Rating 4 out of 5]

I actually had to stop reading because it made me so angry. Angry that the Supreme Court, backed by billionaires, has taken control of our country, and we, the people, are having our rights trampled. This book sickened me, so I stopped in my own best interest.

[Elaine · Rating 5 out of 5]

EXCELLENT book! So much information! Every United States citizen should read this carefully. There is so much we don’t know or understand about our country and its laws as they were written.

[Mark Goralczyk · Rating 1 out of 5]

Never finished the book and it was not really thought provoking. The book was more of a “how to bash” the Republican Party. Sad because I was really interested in knowing more and using my brain.

[Lexi · Rating 5 out of 5]

Fuck SCOTUS

[Elle · Rating 5 out of 5]

4h 15m - Book 2 of 10 in the Hidden History series

The book serves as an indictment of the U.S. Supreme Court, arguing that it has overstepped its constitutional boundaries and consistently favored the interests of the wealthy and powerful over "We the People."

### **Key Arguments and Focus**

The core of Hartmann's argument rests on the idea that the Supreme Court was *not* intended by the Founders to have the power of judicial review —the authority to strike down laws as unconstitutional.

* **Challenging Judicial Review:**
Hartmann posits that the Court's assumption of this power began with the landmark 1803 case, Marbury v. Madison. He argues that until that point, the Court was meant to be the final court of appeals, and the power to determine the law was meant to reside with the people and their elected representatives.

* **Betrayal of the People:**
The book highlights a recurring theme of the Court ruling against the public interest, citing historical examples to support the claim that it has consistently privileged corporate interests and the wealthy
throughout its history. This betrayal, according to Hartmann, has transformed the democratic republic into something akin to a "constitutional monarchy" governed by nine unelected individuals.
* **Modern Day Critique:**
Hartmann extends his critique to modern decisions like Citizens United, arguing they solidify the power of oligarchs in elections and politics. He also examines how conservative judicial appointments have led to the gutting of progressive legislation.

---
## 🏛️ Hartmann's Critique of Key Supreme Court Cases

Hartmann uses these two cases to illustrate his central thesis: that the Supreme Court, having improperly seized the power of **judicial review** (in *Marbury v. Madison*), has historically functioned to protect the wealthy and corporate elite.

### 1. Dred Scott v. Sandford (1857)

Hartmann frames Dred Scott as a catastrophic instance of judicial overreach that sought to settle a political question (slavery) that belonged to the people and their elected representatives.

* **The Ruling's Impact:** The Court, led by Chief Justice Roger B. Taney, ruled that African Americans, whether enslaved or free, were not and could never be citizens of the United States. Crucially, the Court also struck down the **Missouri Compromise**, ruling that Congress had no power to prohibit slavery in the territories.

* **Hartmann's Argument:**
* It represented the Court interfering with the legislative power of Congress (striking down the Missouri Compromise), an act that Hartmann argues was outside the Court's intended role.

* It inflamed tensions and arguably **accelerated the Civil War**, demonstrating the danger of an unelected body making sweeping political decisions that defy popular will and human rights.

* It is cited as a key historical example of the Court acting as a tool for the **political status quo of wealthy property owners** (slaveholders).

---

### 2. Citizens United v. Federal Election Commission (2010)

This is a central modern focus of Hartmann's critique, as he sees it as the culmination of the Court's long history of establishing **corporate rights** above human rights and democracy.

* **The Ruling's Impact:** The 5-4 majority ruled that corporations and labor unions have a First Amendment right to spend unlimited amounts of money on **independent political broadcasts** in candidate elections. This decision is directly responsible for the rise of Super PACs and "dark money" in politics.

* **Hartmann's Argument:**
* **Legalized Bribery:** Hartmann argues that by equating money with **protected speech** (*Buckley v. Valeo* set the stage, but *Citizens United* expanded it dramatically), the Court essentially **legalized the bribery of politicians**. Unlimited independent expenditures ensure that politicians are primarily accountable to the wealthy donors and corporations funding their campaigns, not to their constituents.

* **Corporate Personhood:** He links the decision back to the historical concept of **corporate personhood** (which he traces to a deceptive headnote in an 1886 case, *Santa Clara County v. Southern Pacific Railroad Co.*), arguing that granting corporations the same rights as human beings destroys democratic equality.

* **Elite Oligarchy:** The case is the clearest modern proof that the Supreme Court works to maintain an **oligarchy**, ensuring that the "corrosive and distorting effects of immense aggregations of wealth" (the very thing campaign finance laws sought to prevent) dominate the American political process.

In both cases, Hartmann argues that the Court has stepped out of its judicial lane, **prioritizing property/corporate interests** (*Dred Scott*'s property in slaves; *Citizens United*'s corporate "speech" rights) over the fundamental rights and democratic self-governance of "We the People."

* **Solutions Offered:** The final section of the book offers reform proposals, focusing on ways to rebalance the Court's power, primarily through political means like jurisdiction-stripping (Congress limiting the Court's scope of review) or expanding the court (court-packing).

---
In summary, it's a vital read for those interested in a progressive critique of judicial power and a roadmap for potential reform, but it should be supplemented with other sources for a fuller understanding of the Supreme Court's history and role.

Book 1 The Hidden History of Guns and the Second Amendment
Book 2 The Hidden History of the Supreme Court and the Betrayal of America
Book 3 The Hidden History of the War on Voting: Who Stole Your Vote and How to Get It Back
Book 4 The Hidden History of Monopolies: How Big Business Destroyed the American Dream
Book 5 The Hidden History of American Oligarchy
Book 6 The Hidden History of American Healthcare
Book 7 The Hidden History of Big Brother in America
Book 8 The Hidden History of Neoliberalism: How Reaganism Gutted America and How to Restore Its Greatness
Book 9 The Hidden History of American Democracy
Book 10 The Hidden History of the American Dream

[Amy]

This book opens with a look at the philosophical ideas the United States’s founders borrowed from the likes of Montesquieu and Locke as well as ideas borrowed from the Iroquois Confederacy. It then moves on to describe the views on the Supreme Court from The Federalist Papers and how early cases, mainly Marbury v. Madison set the tone for the practice of Judicial Review and thus placed the Supreme Court as the final law of the land instead of Congress. Then Hartman transitions into proving his thesis, which boils down to the idea that the Supreme Court members are out for themselves, not serving the people. Following evidence from over 200 years worth of court cases he uses to support his claims, Hartman then proposes ways to take this power back.

While the book opened with a history lesson found in nearly every American Government textbook, everything that follows is divisive. Hard-core liberals will likely agree with everything Hartman covers, which is not surprising given he is a progressive radio host. On the opposite hand, hard-core conservatives are likely going to disagree with much of the book. However, the majority will agree with parts and disagree with others. Politics aside, Hartman provided evidence to support his thesis by looking at cases such as Alexander Hamilton’s defense, Roe v. Wade, and the 2000 Election. That said, as someone who studied both history and political science, I would have loved more details as this book was rather short for its lofty goal and I felt there could have been more depth. To help with that, if anyone feels as I do, all of his sources are cited and would be easy to locate for further information.

This review is based on a copy provided by FSB Associates.

[Mike Lund · Rating 4 out of 5]

Interesting and Thought Provoking

A good review of the Supreme Court, its history, it‘s rulings and its controversies. Mostly it ends up being an excellent review of court cases and how the court rulings changed our laws, culture and political system. But, it is also how the political parties throughout our history have tried to manipulate the court to meet their own agendas. The author is a Progressive radio host, so there are some rants. For the most part, these are well documented Supreme Court rulings. There is an abundance of foot notes (147) and references. Reading electronically allows you to jump out and independently research the cases. I found no issues with the case information I independently checked with other online resources.

One theme of the book is that political parties pack the court to support long term agendas. One example. Abraham Lincoln’s vice president was Andrew Johnson, a Southern Democrat and ex-slave owner. Johnson became President April 15, 1865. To keep Johnson from assigning a New Supreme Court Justice, the Republican controlled Congress passed the Judicial Circuits Act of 1866, reducing the Supreme Court size from 10 to 6. This kept Johnson from replacing a justice if one died or quit. In 1868, Republican Ulyses Grant became president and Congress passed the Judicial Act of 1869, increasing the size to 9. More recently, in 2016, Senate Majority Leader Mitch McConnell nullified President Obama‘s nomination of Merrick Garland to replace sitting Justice Antonin Scalia, who had just died. The Supreme Court is an important political instrument for both parties.

[Charles Wagner · Rating 4 out of 5]

This title is not making much of impact in the state of Indiana. Not a single Hoosier public library in the state that is open for business has a copy. With the anti-woke scrutiny from the governor, do not expect the state library to have one either.
The Supreme Court has its sticky little fingers in every aspect of your life… unless you are President of the United States.
Of course, you realize the court is primarily Republican and has rather directly been appointed by billionaire oligarchs and its judgements show that.
Once I thought the Supreme Court was there to do what is correct under the U.S. Constitution. I was more naïve then.
I would suggest this title should be added to library shelves and civics curriculums.
The final portion of the book is always the problem. Great suggestions were presented for Supreme Court changes that would make the court work for the greater good of the American public, not the top 1 percent. However, positive changes are, of course, easier said than done.

[J. · Rating 5 out of 5]

Great book I’m thinking for most everyone. If you’re like me you don’t know much about the history of the court and what you think you know is wrong even disregarding the political aspects of this book and it’s scathing critique of the court past and present. I liked what he has to say and found the book well researched and thoughtful. Moreover, considering the scope and breath of his review of the function, authority, limitations, and indeed the flaws of the court past and present the book is remarkable short.

It’s a short and impactful book that can be knocked out easily within a day. I liked his arguments and found his solutions especially appealing ...if impractical. I’m still shocked I read it ...it was assigned reading from my wife. I don’t think she’s read it ...perhaps I’ll assign it back.

[J.J. Lair · Rating 3 out of 5]

First thought was this was general information and thesis. He gives some court cases and more thesis. Part three is more history of the Supreme Court, famous cases that changed America and law.
The point of this book is that Congress has abdicated its duties and the Court took over. The court has no overseeing. These rulings came and people are angry and can’t do anything because the precedents are set.
Much like Heather Cox Richardson’s book “Democracy Awakening” Trump is a poseur. Bill Barr covered up Iran-Contra scandals for Bush I. John Robert’s was part of Brooks Brothers Riot that got Bush II in office.Kavanaugh, Alito, Gorsuch all history with the Bushes.
The Supreme Court needs an audit and oversight taken.

[Roger · Rating 4 out of 5]

Polemical but generally compelling advocacy piece showing the Court for what it so often has, and increasingly, is; a tool of the wealthy and powerful. Less academic and more accessible than Beard, the author offers an occasional hopeful note amidst an otherwise fairly bleak assessment.

See for example the discussion of the Juliana case and its potential to serve as an anchor to a refined theory of property rights that focuses on protecting a public right to a public "commons" rather than a narrow and pinched view of property that ignores the impact of one "owners" behavior on the property of others, including the community.

[KV LeSuer · Rating 5 out of 5]

This book was very good in helping me get a basic understanding of the U.S. Supreme Court. Since I have never read anything else on the topic I have nothing to compare it to. With clear and concise writing, connections to the Constitution and many rulings as well as historical and present day precedents, I’m comfortable giving it 5 stars. It is an easy read about vital concerns for our nation. Who knows what I will think after reading more books on the same topic.

I will say by the time I had finished, I have become completely frightened by my naïveté over the treasons and erosion of democracy that has happened in my lifetime of which I have been oblivious.

[William · Rating 5 out of 5]

Everything you wanted to know about SCOTUS but were afraid to ask

This an abfab history of SCOTUS. It explains its beginnings, its corruptions, and its modern-day influences on our middle-class daily life. This is no whitewash look at SCOTUS but rather a look under the robes these political appointies wear as they destroy the very unpinnings of our democracy. I now look at these appointies as viscious lap dogs of the Uber wealthy in our nation. This is not dry reading. It is a page turner and will make you keep your highlighter next to you while you read. READ THIS BOOK! PLEASE.

[Skip · Rating 3 out of 5]

Not as good as The Shadow Docket in explaining how the Supreme Court has systemically undermined democracy and the political process in the United States. Hartmann spends a substantial amount of time about how Republican presidents have stacked the Supreme Court with conservative judges, after treasonous activity by Ford and Nixon and election tampering by Bush and Trump. The book argues that these conservative judges are dedicated to preserving the status quo, especially recognizing corporations as "persons" under the law and deeming unlimited campaign donations are an expression of free speech.

[Bargain Sleuth Book Reviews · Rating 5 out of 5]

Borrowed this audiobook from the library's Hoopla app.

This is probably not the best book to listen to leading up to the inauguration of the FOTUS (Felon Of The United States).

A brief but illuminating history of the modern court and how and when the corruption began. No big surprises here, but it's interesting to hear it all delivered in one place.

The rage is still in me after listening to this.

[Diane · Rating 4 out of 5]

I chose to listen to this book because it was recommended to me as a good history of the supreme court. A lot of legal words but it still came me what I needed to know about the supreme court. I am glad I read this book in light of what is going on in our country right now.

[Caroline · Rating 5 out of 5]

A small, relatively easy read that provides a history and assessment of the Supreme Court and how we got from it's colonial creation to the SCOTUS of today. Yes, it takes a "progressive" point of view, but the facts and history related are uncontestable. A good introduction to anyone interested in the Supreme Court and its out-sized role in our contemporary legislative process.