A History of the Supreme Court

by Bernard Schwartz

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 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 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 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.

Genres: History, Law, Nonfiction, Politics, American History, American, The United States Of America

480 pages, Hardcover

First published June 1, 1979

About the author

Bernard Schwartz was 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.

Reviews

[Mark · Rating 2 out of 5]

When it was first published in 1993, Bernard Schwartz’s book offered readers a fairly standard survey of the history of the nation’s highest court. This he divides into chapters summarizing eras defined by whomever was serving as chief justice, interspersed with four chapters singling out four “watershed” cases. These chapters provide a more elaborate version of the summaries he provided of the Court’s key judgments, which along with brief biographies of the justices themselves serves as his main approach to the Court’s history.

For those seeking an overview of the first two centuries of the Court’s existence, this book remains a serviceable introduction. Beyond this, however, Schwartz’s book is showing its age. First published in 1993, it lacks any coverage of the most recent decades of the Court’s history, including the continuing legacy of the jurisprudence he describes. While this is both understandable and inevitable, it doesn’t help that Schwartz’s book lacks any overarching analysis of the Court’s jurisprudence, or the broader impact of its decisions on American history. It’s an example of “all trees, no forest” that increasingly limits what the book has to offer for the reader today. Those wanting a more useful history of the Court would be better served turning instead to Peter Irons’s A People's History of the Supreme Court, which, while nearly as dated, nonetheless offers a more useful assessment of the Court and its impact on the nation.

[Martin Lowery · Rating 4 out of 5]

Very good history on the Supreme Court. Can be very dry at times, and sometimes difficult to follow, as it is heavy in judicial and legal terminology.

It was interesting to see how many modern day court cases have had historical precedent in cases centuries old.

The book ends in 1986 though, so it could do with a much needed update. As the author has now passed away, such an update would have to be done by someone else.

[HR-ML · Rating 3 out of 5]

DNF.

This was a rather dry non-fiction. The author Mr.
Schwartz inconsistently defined Latin and legal
terms. I made it to the 42% mark & read no more.
Gave this 2.5 stars, rounded up.

The capital of the US was housed in New York
(1790), Philidelphia (1791) & finally Washington
DC (1800).

The US Supreme Court, w/ 6 justices, was created by
the Judicial Act of 1789. They convened in 1801 w/
John Jay as the 1st Chief Justice. Each justice
received a territory to supervise the federal version
of circuit court. Traveling 4 or > mos. per year & being
on SCOTUS did not appeal to most men. They feared
neglecting their families. SCOTUS was housed in
various federal buildings. Once the US Capitol was
built, they used a small room near Congress.

In 1819, using their 'implied powers' Congress created
the Bank of the US, allowing for printing bank notes
to have a uniform currency in all states of the US. A
new law in 1857 declared when 2 laws conflicted:
federal vs state, the federal law superseded the other.
Per the author, in 1891, SCOTUS discontinued their
responsibility for circuit courts.

The Constitution called for separation of powers.
The US President who 1st worked w/ SCOTUS thought
he controlled SCOTUS or vice versa, per the author.
Actually neither controlled the other. The Constitution
wanted them to keep ea. other in check, same for Congress.

We learned the styles and goals of Chief Justices. And
cases which delayed social justice in the US, especially
Dred Scott v Sanford. He did a good job describing laws
enacted during/ after Reconstruction.

[Ryan · Rating 2 out of 5]

A history of the U.S. Supreme Court. I had heard of justices like John Marshall, Oliver Wendell Holmes, Earl Warren, and Thurgood Marshall, but had no real idea when and how they served on the bench. The book divided the Court's history into sections highlighted by their Chief Justice (i.e., the Marshall Court, the Warren Court), and talked about the personalities and judicial capabilities of the Chief, the notable associate justices, key cases, and the effects their decisions had on the history of the United States. The author also added chapters on four important cases the Court decided on: The Dred Scott case, Locher v. New York, Brown v. Board of Education, and Roe v Wade. Overall, it's as dry as you'd expect a Supreme Court history to be. While I will easily forget some of the lesser justices and decisions, I think I did understand some of the greater trends in Supreme Court history and how greatly they affected our growing nation.

[Seth Zenz · Rating 4 out of 5]

Seems pretty comprehensive, at least from the perspective of a non-expert. Good to see the sweep of history and the principles that affect the Court's decision-making process, rather than just what's in the news. Pet peeve: the author likes to use quotes in multiple places when they're applicable in both.

[Henry Atkinson · Rating 4 out of 5]

Review of A History of the Supreme Court by Bernard Schwartz:
The Supreme Court is perhaps the least understood part of the three branches of American government. Bernard Schwartz sought to change this with his 1993 work A History of the Supreme Court. Schwartz is at his finest when he’s explaining the roots of English common law and how the legal traditions of Colonial America and the US evolved over time. Schwartz shows us how small and inconsequential the Court was in its pre-Marshall days and how the fourth Chief Justice made the Court a truly co-equal branch. We see the rise and fall of the Taney Court, the Court’s attempts to grapple with the Civil War and its aftermath, the ignoble turn of the century Court, and both Taft and Hughes dealing with the major changes of the 1920s and 1930s. Stone and Vinson come and go, leading to the Courts of Earl Warren, whom Schwartz greatly admires, Warren Burger, and William Rehnquist. Chief Justice Rehnquist is sometimes harshly criticized, as are Justices Scalia and Thomas. The more modern chapters sometimes get bogged down by legalistic wording and Schwartz’s skepticism of textualism, the legal theory that relies on the original text of the Constitution for interpretation. But overall, Schwartz provides readers with an insightful look at the evolution of the Court, its key players, and how the Court has affected the course of American history. Rating: 4/5

[Adam‘’s book reviews · Rating 3 out of 5]

A very good history of the Supreme Court from the formation of the Supreme Court up until the Rehnquist court. At the very beginning of the court it was a very undesirable position within the government many justices would leave for a better paying job within the government or in private life. The book discusses the process in which the court works as well as history setting groundbreaking cases such as the Armistad case, Roe v. Wade, in Miranda as well as many other cases

[Erik · Rating 4 out of 5]

A great one volume history of the U.S. Supreme Court that superbly discusses:
-The interplay of politics in the appointment process.
-The role of personality and interplay between the justices in how opinions are forged.
-The shifting philosophies of different phases of the Courts and how they relate to evolution of jurisprudence and the underpinnings of those philosophies.
-Covers a good selection of landmark cases as well as other important cases along the way while doing a good job of describing the core elements in an appropriate amount of space.

Overall this book is a great introduction that doesn't necessarily need to be read all at once. Although it only covers up to the Rehnquist Court it is still a great a surprisingly broad history. Just don't be afraid to look up the occasional latin!

[Robert · Rating 3 out of 5]

This was a history of the Supreme Court. For those of us who are not legal scholars, this was a good history. I suspect those who study this would find this thin.

I fancy myself knowledgeable about SCOTUS, and that is somewhat due to having read this about 15 years ago.