Supreme Court
Average customer rating:
- Offers some new things . . .
- Good resaerch & insights
- An inside view of the positions of the Justices and how they have affected the interpretation of our Laws
- Not for Serious SCOTUS Fans
- A Supreme Court Treat
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Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court
Jan Crawford Greenburg
Manufacturer: Penguin Press HC, The
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- The Supreme Court: The Personalities and Rivalries That Defined America
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ASIN: 1594201013
Release Date: 2007-01-23 |
Amazon.com
With its closed chambers and formal language, the Supreme Court tends to deflect drama away from its vastly powerful proceedings. But its mysteries hold plenty of intrigue for anyone with the access to uncover them. In Supreme Conflict, Jan Crawford Greenburg has that access, and then some. With high-placed sourcing that would make Bob Woodward proud, she tells the story of the Court's recent decades and of the often-thwarted attempts by three conservative presidents to remake the Court in their image. Among the revelations are the surprising influence of the most-maligned justice, Clarence Thomas, and the political impact of personal relations among these nine very human colleagues-for-life. Written for everyday readers rather than legal scholars, her account sidesteps theoretical subtleties for a compelling story of the personalities who breathe life into our laws. --Tom Nissley
Crawford graduated from the University of Chicago Law School, and was a legal affairs reporter for the Chicago Tribune and Supreme Court correspondent for PBS's NewsHour before becoming the legal correspondent for ABC News. We had the chance to ask her a few questions about Supreme Conflict: <p align=left> <span class="h1"><strong>Questions for Jan Crawford Greenburg</strong></span>
<img alt="Jan Crawford Greenburg" src="http://images.amazon.com/images/G/01/books/blog/Greenburg_Jan_150.jpg" border="0" align="left"><strong>Amazon.com:</strong> How hard was it to get the access to justices and clerks that you had for this book? Does the culture of the Court promote that kind of openness about their deliberations?
<strong>Jan Crawford Greenburg:</strong> Hard! And let me tell you it took some time--they weren't flinging open the doors of their chambers for the first few years I was covering the Court. It takes awhile to build relationships and trust, and I was fortunate enough to do that during the dozen years I've been covering the Supreme Court. As for openness, I think the culture of the Court instead promotes anonymity and privacy. The justices aren't like the people across the street in Congress, or down Pennsylvania Avenue in the White House. They don't hold press conferences or solicit media coverage of their views. They speak through their opinions. I was fortunate that they also chose to speak with me for this important book about the direction of the Supreme Court and its role in our lives.
<strong>Amazon.com:</strong> Harry Blackmun's notes must be a treasure chest for Court historians. Could you describe what you found there?
<strong>Greenburg:</strong> A treasure chest is an understatement. Harry Blackmun took extraordinarily detailed notes--almost breathtaking in their scope and level of detail. (He would even write down what lawyers were wearing when they'd appear in Court to argue a case.) He recorded the justices' comments during their private conferences--when they discuss cases--and he took down their votes. And he kept all the key memos and letters that the justices would send back and forth when they were discussing a case. It was a tremendous window into the Court's inner sanctum, during some of the most pivotal years for the institution.
<strong>Amazon.com:</strong> One of the biggest revelations of your book is your characterization of Clarence Thomas as far more influential, even in his first year on the Court, than he's usually given credit for. Could you describe what his role on the Court has been?
<strong>Greenburg:</strong> Clarence Thomas has been the most maligned justice in modern history--and also the most misunderstood and mischaracterized. I found conclusive evidence that far from being Antonin Scalia's intellectual understudy, Thomas has had a substantial role in shaping the direction of the Court--from his very first week on the bench. The early storyline on Thomas was that he was just following Scalia's direction, or as one columnist at the time wrote, "Thomas Walks in Scalia's Shoes." That is patently false, as the documents and notes in the Blackmun papers unquestionably show. If any justice was changing his vote to join the other that first year, it was Scalia joining Thomas, not the other way around. But his clear and forceful views affected the Court in unexpected ways. Although he shored up conservative positions, his opinions also caused moderate Justice Sandra Day O'Connor to back away and join the justices on the Left.
<strong>Amazon.com:</strong> Not every Supreme Court confirmation is a battle, even when the Senate and the President are from different parties. What separates the candidates who sail through from the ones who get put through the wringer?
<strong>Greenburg:</strong> The recent appointment of Samuel Alito shows a justice with a clearly conservative record can get confirmed--and even pick up some votes from Democrats. Maybe the secret is developing a reputation as a fair and nonpartisan judge on a federal appeals court. At his hearings, liberal and conservative judges who had worked with him on the appeals court testified in his behalf, as did his law clerks--some of whom were self-identified liberals. Alito was the conservative counterpart to Clinton nominee Ruth Bader Ginsburg. She had been an outspoken advocate for liberal causes (including the ACLU), but she'd developed a reputation as a fair and thoughtful judge on the federal appeals court, garnering respect from both sides.
<strong>Amazon.com:</strong> How much do Americans know about how their federal courts work? What should they know?
<strong>Greenburg:</strong> Most Americans, understandably, think about trials and drama when the issue of the courts is raised. But the appeals courts--and the Supreme Court--remain mysterious, even though those courts have an enormous impact on American life. The judiciary is one of the three branches of government, but its decisions take on outsized importance at times. It can provide a vital check against abuse of individual rights by government--but it also can usurp the role of the people when it reaches out and takes on issues that more appropriately belong in the purview of the other branches.
<strong>Amazon.com:</strong> Even though you show how our expectations for where new members will take the Court are so often wrong, I'll ask you anyway: What do you expect in the next few years from the Roberts Court?
<strong>Greenburg:</strong> To be more conservative than the one led by Chief Justice William Rehnquist. John Roberts himself is a solid judicial conservative who believes the Court has too often taken on issues that belong in the realm of elected legislatures. He is advocating a more restrained approach, with greater consensus among the justices. In addition, Justice Alito replaced key swing-voter Sandra Day O'Connor, the Court's first female justice. O'Connor's vote often carried the day on the closely divided Court--and she typically sided with liberals on social issues like abortion, affirmative action, and religion. Alito is more conservative, and I expect to see the Court turn to the right on those and other issues.</p>
Book Description
Drawing on unprecedented access to the Supreme Court justices and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive, newsbreaking account of one of the most momentous political watersheds in recent American history. <br/><br/> Over the past decade, the central front of America's bitter culture wars has been the titanic battle over the composition and direction of the United States Supreme Court. During that period, no journalist has been closer to the action on the ground-the ideas, the politics, the personalities, the gamesmanship-than ABC News correspondent Jan Crawford Greenburg. Now, in Supreme Conflict, Greenburg draws on all of her formidable reportorial resources to give a brilliant, vivid, astonishingly unvarnished account of the struggle for the soul of the highest court in the land. <br/><br/> Greenburg picks up the plot with the Rehnquist Court, which, despite having seven Republican nominees, proved deeply disappointing to conservatives hoping to reverse decades of progressive rulings on key social issues. She reveals for the first time the real story behind a series of failed Republican nominations that enraged the American conservative movement and left it seething with frustration and resolve not to squander future opportunities. Enter: George W. Bush and the setting of the stage for a full-blown conservative counterrevolution. Supreme Conflict contains entirely fresh perspectives across the entire sweep of its story, from the conservative movement's early fumbles with the nominations of justices Anthony Kennedy and David Souter to its crowning successes with the appointments of justices Roberts and Alito. The book breaks news in its revelations about the effect of Chief Justice Rehnquist's illness on the process; on the truth behind Harriet Miers's disastrous nomination and how it was really scuttled; and on how decades of bruising battles led to the triumph of the conservative agenda with the appointment of two of its leading judicial exponents. Through the entire dramatic story, rich in character and conflict, Greenburg never loses sight of the gargantuan stakes in this struggle, the opposing ideological agendas at play. <br/><br/> The story Jan Crawford Greenburg tells is that of the fulcrum event of our time, the massive coordinated campaign to move the Supreme Court in a very different direction, to a more limited and restrictive role in American government. A masterpiece of old-fashioned gumshoe reportage, rich storytelling, and penetrating analysis, Supreme Conflict will be the definitive account of the most consequential shift in the use of American judicial power in almost one hundred years.
Customer Reviews:
Offers some new things . . . .......2007-06-25
I really enjoyed this book. I provides insight into the increasingly politicized Supreme Court confirmation hearings since Robert Bork's in 1986 and into two of the most interesting and important members of today's Court: Justice Thomas and Justice Kennedy.
It makes two primary contributions: (1) its reassessment of the conventional wisdom about Justice Thomas, (2) its discussion of the Bush Administration's efforts in "securing" the Supreme Court.
A fun, interesting, and not-to-taxing read for anyone fascinated by the Supreme Court.
Good resaerch & insights.......2007-06-08
Get some behind the scenes insight into the Supreme Court through Jan Crawford Greenburg's easy to read, well researched work.
An inside view of the positions of the Justices and how they have affected the interpretation of our Laws.......2007-05-23
A very thought provoking book on the inner workings of the Supreme Court of the US. Detail on several high profile cases and the thought processes that went into the decisions. Good reading.
Not for Serious SCOTUS Fans.......2007-05-19
I was really disappointed in this book for its almost complete lack of scholarly thought on a serious topic.
The book's focus is almost exclusively on the gossip surrounding the politics of the selection process rather than providing a serious examination of any of the legal issues involved. While providing a mildly interesting glimpse at some personalities involved, this book is what I would expect if USA Today had a publishing house.
Greenburg uses cliched labels like "liberal," "moderate" and "conservative" instead of providing any actual analysis of each justice's jurisprudence. This is the type of "dumbing down" that you would expect from a network TV reporter like Greenberg who needs to summarize her report in 90 seconds as opposed to the thoughtful discussion you can expect from a serious journalist like Linda Greenhouse, whose "Becoming Justice Blackmun" is light years ahead of this book.
A Supreme Court Treat.......2007-05-12
Greenburg's book is a terrific read. She writes in a very easy style, and many of her observations and comments are eye-opening. Although there are moments of repetition in the book, the substantial majority of the text is a treat for the follower of the U.S. Supreme Court. It is orienting in parts, surprising in others, and often revealing, insightful, and entertaining. Highly recommend it.
Average customer rating:
- How the Court Works
- Good History - Not Enough Catch
- The real Justice League of America
- Supreme Court
- supreme court
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The Supreme Court: The Personalities and Rivalries That Defined America
Jeffrey Rosen , and Thirteen/WNET
Manufacturer: Times Books
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Binding: Hardcover
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- Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court
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ASIN: 0805081828
Release Date: 2007-01-09 |
Book Description
A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation’s highest court and continue to shape our daily lives
The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.
In this compelling work of character-driven history, Jeffrey Rosen recounts the history of the Court through the personal and philosophical rivalries on the bench that transformed the law—and by extension, our lives. The story begins with the great 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. The tale 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 pairing from our own era, 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 perennial conflict that has animated the Court—between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He illuminates the relationship between judicial temperament and judicial success or failure. The stakes are nothing less than the future of American jurisprudence.
Customer Reviews:
How the Court Works.......2007-06-18
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, 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.
Good History - Not Enough Catch.......2007-05-24
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.
The real Justice League of America.......2007-05-14
It's one of the fundamental principles of the U.S. Constitution that the three branches of government are more-or-less equal, with checks and balances assuring that no branch takes over. The reality, of course, is different: at times - particularly in the 1800s - the Congress was the more powerful branch, while at other times -especially recently - the Presidency has taken the reins. The judicial branch, however, has always been in third place; although it makes a difference at times, it rarely is more visible than its "coequals". Nonetheless, there are times that the judicial branch - and in particular, the Supreme Court - has assumed a critical role in history.
Jeffrey Rosen's The Supreme Court is not so much a history of the institution as a study as to how certain personalities affected the Court. He focuses on four such rivalries that dictated not only the direction of the Court but also the direction of the country. The first rivalry (and the only one featuring a non-Court figure) is Thomas Jefferson and John Marshall. These two embodies the two principal political philosophies of the early United States: Republicanism and Federalism. Unlike previous Chief Justices, Marshall really defined the Court and made it an important part of the government, most notably with the Marbury v. Madison decision. Since Marshall differed with Jefferson on many issues, this set the two branches at odds with one another.
The next rivalry is John Marshall Harlan and Oliver Wendell Holmes, Jr., a pairing that is probably the most obscure to the modern reader. Holmes, with his nickname "The Great Dissenter" earned a reputation based on his dissents in some free speech cases, but often had much less sympathetic rulings, such as his opposition to civil rights and his support of eugenics. Harlan, on the other hand, was more forward-thinking, and notably dissented on Plessy v. Ferguson, the Court decision that - after Dred Scott - is probably the darkest mark on the institution's history.
The third section deals with Hugo Black and William Douglas. Unlike the previous pairings, these two were politically of a similar bent, but they still had different judicial philosophies, with Black being the sounder reasoner and Douglas being somewhat more free-wheeling. Douglas's presidential ambitions, which never really amounted to much, also affected his decision-making. Similarly, the fourth section deals with two Justices with similar politics yet different philosophies: William Rehnquist and Antonin Scalia. While Rehnquist would often try for consensus, Scalia is more absolute in his beliefs and doesn't really seem to care who he rankles.
In each pairing, Rosen casts one person as hero (Marshall, Harlan, Black and Rehnquist) and one as villain (Jefferson, Holmes, Douglas and Scalia). Of course, things are not really that simple and Rosen recognizes flaws in the heroes and virtues in the villains; perhaps it is better not to use the heroes-and-villains analogy at all, but it is clear Rosen favors one in each rivalry. This has less to do with politics than with technique: Rosen favors Justices who can promote harmony within the Court and can create rulings with real potency to them. Rulings that go 5-4 are not nearly as strong as those decided unanimously, and are more likely to be eventually reversed.
In the final section, Rosen offers an early analysis of new Chief Justice John Roberts, one that is generally positive. Roberts, Rosen believes, seems to have learned from the better Chief Justices (a group in which Rosen would include Marshall, Warren and Rehnquist) as to how to run the Supreme Court. Rosen's writing is insightful, clear and reasonably objective (in the sense that he doesn't seem to favor either the political right or left). This book is a good, alternative way at looking at the history and structure of the Supreme Court.
Supreme Court.......2007-05-07
An excellent book. If I were still teaching Constitutional Law at the college level, I would use some or all of it in class to show that law is interpreted by "real people." I think anybody would find it interesting, but lawyers and law students should find it fascinating.
supreme court.......2007-05-07
very interesting description of the early supreme court; the later years seemed to me, like a political statement by the aurhor
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- Accepted History & Chronology Must Be Changed.
- Very Interesting
- History as Science Fiction
- Provocative, appealing and controversial
- pharaohs lived in the 3rd century AD
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History: Fiction or Science? (Chronology, No. 1)
Anatoly Fomenko
Manufacturer: Mithec
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- History: Fiction or Science? Chronology 2 (Chronology)
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ASIN: 2913621058 |
Book Description
Recorded history is a finely-woven magic fabric of intricate lies about events predating the sixteenth century. There is not a single piece of evidence that can be reliably and independently traced back earlier than the eleventh century. This book details events that are substantiated by hard facts and logic, and validated by new astronomical research and statistical analysis of ancient sources.
Customer Reviews:
Accepted History & Chronology Must Be Changed. .......2007-04-09
There is no doubt that history as most know it is a sham, & institution's version of History both University & Church is fradulent & inaccurate. Everything was established with an agenda, The real "Dark Ages" are now when we have access to incredible amounts of information past authorities & more important 'common folk' didn't have but our institutions & educators are slow to evolve because of what has ignorantly & arrogantly been taught for too long. This is on many subjects not just Chronology.
For anyone to question "Why would a Mathematician have anything credible to say of History?" The answer is from Dr. Fomenko's preface in the book: "It would be worthwhile to remind the reader that in the XVI-XVII century Chronology was considered to be a subdivision of Mathematics." These volumes could possibly be some of the most important works to date & should be read by everyone with an interest in History, especially professors & educators who have a duty to the public. I have read both books & must say that 'Chronology 1' has some very eye opening & revolutionary information. Even if these volumes are part true the implications are profound & opens the doors to further investigations & questions which must be done. I speak several different lanquages & must say the logic Dr. Fomenko uses with "inflection" of words & words being read from left to right in one region & right to left in another then written backwards, the removal of vowels & get down to basics of words, or different cities & locations having the same name etc. is correct. Vowel usage has always been optional & varied, actually complicating linquistics & study. The first thing one has to understand is that words never had a fixed spelling in history like we do now, the spelling of words was mutable & regional, as well as names & titles of people were vast, varied & changed, NOTHING WAS FIXED or understood linear. Matters of Life & Death as well as financial profiteering yesterday & today were & are made with ignorant, illogical & conspiratorial views of history & reality, it's time people get closer to the Truth & society collectively grow up.
Very Interesting.......2007-03-07
It is a good proposal and I believe it will mature into something even better in the future. I think it deserves to be read.
History as Science Fiction.......2007-01-10
Anatoly Fomenko has written a very intriguing book, full of pictures, charts, and computer 'proof' of his thesis: backwards of AD900 we don't really know what happened or when. Between AD900 and AD1600 there is more certainty, but there is still a lot of fuzzy ground, and things don't get reliable until we get past the 1600's where the printing press made it very difficult for the perpetrators of this timeline manipulation to change anything that had been committed to print. The Dark Ages did not happen. Books were burned for a reason. One organization has doubled the actual length of its existence by expanding the real chronology. Read why.
I had always wondered why Christ died about AD33 and yet men waited until the 11th century to form the Knights Templar, the Cathars, etc and go after the Holy Land by force. Why the 1000 year gap? Turns out there wasn't more than a 10-12 year gap and he proves it using astronomy. This also implies that the planet is not as old as we have been told, and current Christian and other creationist scientists are already championing that idea without being aware of Fomenko's book. The two groups, creationist scientists and the Russian mathematical analysts corroborate each other. Fascinating.
Of course, all this flies in the face of what we have been told traditionally is the 'proper' chronology of western civilization, and most readers will experience 'cognitive dissonance' in reading this book. It means that our history going backwards from AD1600 becomes progressively more incorrect and unreliable until it cannot be trusted at all... in the space of 700-800 years.
Naturally, the curious, open-minded reader will want to know WHO did this, WHY, and did any of the events we think of as really ancient ever happen?
Dr. Fomenko is a respected scientist/mathematician at Moscow State University who has already answered these questions to the satisfaction of his initially skeptical colleagues. Most of them are now believers, a few still refuse to believe (the usual diehards), and of course the western press has ignored Fomenko's work -- for obvious reasons when you read the book. The ones who perpetrated this chronology ruse have a lot to answer for. They are still with us. That's why this book is a well-kept secret.
I gave the book a 4-star rating because I was unable to check out some of his claims; those I checked were as he said. But if even 1/3 of his claims are true, this punches a big hole in what we think is our history, the meaning of western civilization, our educational process (for repeating the ruse as gospel), and the trustworthiness of the organization that perpetrated this ruse, well-intentioned or not.
This book relates to current research into a Young Earth paradigm, to John Keel's discoveries about our planet, and Fr Malachi Martin's insights (in his now out-of-print books). We are indeed sheep who are manipulated and kept ignorant -- for a reason. While knowing what these men have to say may be the "booby prize" (as in: 'what can you do with this knowledge?'), it will provide interesting reading. Didn't someone say: "...and the Truth will set you free."?? For you to judge if this book contains the truth.
Provocative, appealing and controversial.......2006-08-02
Fomenko has succeeded to convincingly demonstrate the misconception about what "history" factually is... It is fiction and -like we can read and judge for ourselves- no science. It indeed is "make belief" only. I "discovered" Fomenko while studying the "old" history of Al Andaluz, Spain. Having found too many contradictions in available data, having seen too many forgeries as to pretend the importance of christianity for its decline, I ventured out to find Fomenko, who convinced me that we know little if anything for sure of the epoch before the XI-century. However, the integration of the Arabic-Islamic cultural history into the heavily distorted Western fails... There are some attempts to fit "the budding new religion" (Islam) into Fomenko's scheme, but they are too weak to be taken seriously and too often focussing on Turkey as the region where things started to influence the West, which is untrue at all.
Islam certainly was no "new religion" in the X-century. That the highly cultivated Al Andaluz ruler Mohammed-I could have been "mirrored" down in time into some myth about the "illiterate" founder of Islam itself is highly speculative. Nevertheless, Fomenko convinces me about the processes that were involved in forging a christian history. Intriguing and controversial as his books are, I recommend them as to rethink our current position in time and space and simply verify what was claimed. It is a "good" book, but not for bedtime reading... Mundus vult decipi, the world wants to be cheated. Fomenko's readers will understand why.
pharaohs lived in the 3rd century AD.......2006-02-16
Traces of white wine were found in Tutankhamen's tomb however there were no record of white wine in Egypt until the 3rd century AD, 1600 years after the young pharaoh died according to the traditional chronology. http://www.newscientist.com/channel/being-human/mg18925395.400
It can be interpreted as a contribution towards New Chronology theory that pharaohs lived in the 3rd century AD.
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- Supreme Court is SUPREME POWER....scary....
- An Excellent History of How the Supreme Court is Destroying the American Constitution--One Decision At a Time
- A Different Kind Of Activism
- A difficult listen.
- Excellent. Makes You Think!
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Men in Black: How the Supreme Court Is Destroying America
Mark R. Levin
Manufacturer: Regnery Publishing, Inc.
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ASIN: 0895260506 |
Amazon.com
Conservative talk radio host, lawyer, and frequent National Review contributor Mark R. Levin comes out firing against the United States Supreme Court in Men in Black, accusing the institution of corrupting the ideals of America's founding fathers. The court, in Levin's estimation, pursues an ideology-based activist agenda that oversteps its authority within the government. Levin examines several decisions in the court's history to illustrate his point, beginning with the landmark Marbury v. Madison case, wherein the court granted itself the power to declare acts of the other branches of government unconstitutional. He devotes later chapters to other key cases culminating in modern issues such as same-sex marriage and the McCain-Feingold campaign finance reform bill. Like effective attorneys do, Levin packs in copious research material and delivers his points with tremendous vigor, excoriating the justices for instances where he feels strict constit utional constructivism gave way to biased interpretation. But Levin's definition of "activism" seems inconsistent. In the case of McCain-Feingold, the court declined to rule on a bill already passed by congress and signed by the president, but Levin, who thinks the bill violates the First Amendment, still accuses them of activism even when they were actually passive. To his talk-radio listeners, Levin's hard-charging style and dire warnings of the court's direction will strike a resonant tone of alarm, though the hyperbole may be a bit off-putting to the uninitiated. As an attack on the vagaries of decisions rendered by the Supreme Court and on some current justices, Men in Black scores points and will likely lead sympathetic juries to conviction. --John Moe
Book Description
Mark Levin throws the book at our own judicial system--in particular, American judges who ignore the Constitution and dismantle the rights of American citizens in everyday court proceedings. He shares jaw-dropping examples of judicial power grabs and liberal power plays by judges.
Customer Reviews:
Supreme Court is SUPREME POWER....scary...........2007-05-31
The antics of the Supreme Court (Supreme God ?) were quite eye opening, and who better to tell the story.....
Our population needs to start marching in front of the court building and making our opinions known.
This book points out the problems when people are appointed for life and then have NO ACCOUNTABILITY.
The detail about the cases cited and researched is amazing....the facts are scary, but important for everyone in America to understand that the Court can and does regularly take away in some way every liberty we think we posess.
A must reading......I highly recommend it.
An Excellent History of How the Supreme Court is Destroying the American Constitution--One Decision At a Time.......2007-04-24
"There are some things only intellectuals are crazy enough to believe". This quote by Orwell comes to mind when, having finished Men in Black, I read here some of its reviews. One of the most voted claims that the problem with the book is polemic "masquerading" as legal scholarship. I guess then the thirty six pages of footnotes are part of the masquerading, as well as the quotes from old decisions, new decisions and letters by the founding fathers. Give me a break.
The book is not about Levin simply showing that the federal government "has done some things" that he, Levin, does not agree with. If Levin had a problem with a government policy, he would simply discuss it. Levin may be against recreational drugs, but it does not mean that he necessarily would agree with a Supreme Court decision that supports a federal prohibition and that strips from the states the right to decide on the issue. In fact, Men in Black has for example an entire chapter on _Bush v. Gore_--a decision that Levin condemns ("the U.S. Supreme Court's unprecedented intervention to restrain [the Florida Supreme Court] will reverberate ominously for years to come") despite the fact that it helped elect the candidate he probably preferred. So if you are reasonable you will see, after several examples in the book, that one big problem today is not the types of policy pronouncements the Supreme Court makes, but rather that it makes policy pronouncements. Many of the policy pronouncements it makes are none of its business; they should come from federal/state legislatures or sometimes from the executive. And worst yet, in order to make its own pronouncements, the Court often does not follow jurisprudence. After you read Men in Black, check for example the first few pages of John Roberts' dissent in _Massachusetts v. EPA_. This issue will be evident.
Obviously the Supreme Court should not always defer to the legislatures or the executive if that would violate the plain language of the constitution. But unfortunately such deference is precisely what you find in many important decisions, like _Plessy v. Fergunson_ or _Korematsu v. U.S._. The disingenuous argue that in such cases the Court did what Mark Levin advocates because the Court was "not active". But that is rubbish. Deference that violates the constitution is judicial activism because the judiciary is acting independent of what the constitution says. Not surprisingly, sometimes a decision by the Court yields an outcome in line with the constitution, but the reasoning behind the decision has little or nothing to do with the constitution.
So you can think of judicial activism as the judiciary doing its own thing: It acts when it should not or it does not act when it should. I believe the book does a superb job in making this clear and in making the case that, if we tolerate this, what is the point of having a written constitution?
A Different Kind Of Activism.......2007-04-02
As I read this book I found it ironic that while the author spoke of the dangers of judicial activism, which I totally agree with, he doesn't see his own desire to shape the country to his own personal philosophy. I was bothered with the ability of Levin to articulate the virtues of strict interpretation of the Constitution on one hand as he advocates the Supreme Court's decisions that satisfies his own bias.
I do feel that there is an illegitimate movement to use the judiciary to change America toward a more liberal, socialistic model however; I wonder how Mr. Levin would feel if the court did the opposite and used their actions to bring about a conservative variety. After reading this book I have a strong feeling that he wouldn't complain much. His mind-set explains why activist use the courts as they do, because if they don't, he and his kind would. Some would say that this tug of war over the Constitution is a way of balancing it but I would disagree. I don't think the framers meant for that to be the case. When purchasing this book I was hoping for wisdom on the proper use of the Supreme Court as equilibrium between the branches of government but that desire was left unsatisfied.
A difficult listen........2007-03-13
As unabridged audiobooks go, it's a long lecture. Tough to get through in one sitting. You need to re-listen to it for the lessons to be soaked in. Still, a great book!
Excellent. Makes You Think!.......2007-02-28
Mark Levin is a dynamic talk show host that never bores the listener. In this book he has gather a tremendous amount of legalese and historical cases and has brought it all together sucessfully in a treatise that goes a long way to proving the points he wants to make. That is the the Supreme Court has overstepped its boundaries of interpreting the law of the law to making decisions that in effect create the law of the land. For the purposes of this review, I will not add any personal feelings on the matter but let Levin's book make its own points.
Law is usually a boring subject for most of us and this book is written in a way that is never boring. You'll have yourself Googling a lot of what is presented here to validate the facts and you will be hard pressed to come up with any dispute.
Average customer rating:
- Good book, easily accessible, but...
- Just what I ordered
- A fantastic overview of landmark cases
- Quick and easy to read
- Interesting, very readable, overall excellent
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The Supremes' Greatest Hits: The 34 Supreme Court Cases That Most Directly Affect Your Life
Michael G. Trachtman
Manufacturer: Sterling
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ASIN: 1402741073 |
Book Description
Can the government seize your house in order to build a shopping mall? Can it determine what you can do to your own body? Why are you allowed to copy songs on a CD, but not music files from the Internet? The answers to those questions come from the Supreme Court—and its rulings have shaped American life and justice. Here are 34 of the most significant issues it has grappled with—from equal rights to privacy rights, from the limits of speech to the boundaries between church and state. Many of these cases read like thrillers…right down to their cliff-hanging endings. Among the most intriguing: the Dred Scott decision, Miranda v. Arizona, Brown v. Board of Education, Roe v. Wade, and Bush v. Gore.
Customer Reviews:
Good book, easily accessible, but..........2007-06-05
I bought this book and in general I really like it. Very light on jargon and written in relatively simple prose, it was very easy to understand. The selection of cases seemed very thoughtful and historical context of the cases was very interesting. But I just can't give it five stars.
The simple writing makes the book easy-to-read but I felt like I was reading something written for a high-school-level audience and while the level of detail was adequate, it is just barely so--I finished the entire book on a two-hour plane flight and had nothing to read by the time I got to the hotel.
Just what I ordered.......2007-05-12
This was just what I ordered. Shipping was a bit slow (DHL couldn't find us, not your fault) Worth the wait! Will order again...
A fantastic overview of landmark cases.......2007-03-21
Written for the lay reader, _The Supremes' Greatest Hits_ clearly outlines the issues, decisions and relevance of Supreme Court decisions that have an immeadiate impact on daily life. The cases you'd expect to find are here (Marbury v. Madison, Roe v. Wade, Miranda v. Arizona, Brown v. Board) but there are also several cases that I'd never heard of but are no less important (Griswold v. Connecticut, Texas v. Johnson). The facts of each case are broadly discussed, how they relate to the Constitutiuon is outlined, and a brief (1 - 2 page) explaination of why the Court made its decision is explained. A great introduction to landmark cases.
Quick and easy to read.......2007-02-24
Easy to read. No lawyer-ease to try to decifer. Good point of view that looks at how these cases have broader impact then just the case itself. If it doesn't wake you up to be more involved in your family, community, country...maybe you took too many sleeping pills.
Interesting, very readable, overall excellent.......2007-02-01
This is a very well written easy to read interesting book on the subject. My knowledge of the Legislative and Executive Branch is fair. Meanwhile, my knowledge of the Judicial Branch is close to nil. I suspect my experience is representative of the American public. This is because the other two branches get so much more exposure in the press, media, and nonfiction. Also, the Judicial Branch deals in a Byzantine language called legalese that none of us understand including even lawyers on certain occasions. I thought this book would shed some light on the topic without boring me to death using comprehensible prose. The author succeeded on all counts.
The author fleshed out the cases' implications. That made for fascinating reading. It makes you understand as a layperson why a specific case shaped the history of our modern society or will affect it for a long time to come.
The book is well organized. The 34 cases are grouped within 10 different chapters focusing on relevant judicial themes such as the separation of Church and State, discrimination, right of privacy, and free speech among others. In case you are much more interested in a specific issue it is easy to zero in on it.
I learned a few interesting related things along the way. For instance, among Supreme Court Justice the word "conservative" has a different meaning than within the two other branches of government. In this situation, conservative means traditional or literal. This means a justice applies the Constitution literally as written. Given how much our society has changed over the past two centuries since the document was written, it seems such a conservative position is increasingly challenging to maintain. And, I gather whether a justice is conservative is more a relative scale than a yes/no absolute answer.
The author also indicates that the politics of a justice before his or her nomination to the Supreme Court is apparently a poor indicator of this person's future political bent once on the Supreme Court. He mentions the case of Chief Justice Warren who was politically very conservative before joining the Court. But, he turned out to be a very liberal and activist chief justice.
You can tell that I strongly recommend this book. Usually, I always recommend other related books. In this case, I really can't because I am totally outside of my field of expertise. That tells you right there this is fit reading for a layperson. You certainly don't need to be a legal eagle to enjoy this short book.
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- Prepare now for the next nomination battle
- Interesting, but lacking
- The best book on the Supreme Court out there.
- A Classic History of the Burger Court
- Good, with reservations
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The Brethren: Inside the Supreme Court
Bob Woodward , and Scott Armstrong
Manufacturer: Simon & Schuster
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ASIN: 0743274024 |
Book Description
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices -- maneuvering, arguing, politicking, compromising and making decisions that affect every major area of American life.
Customer Reviews:
Prepare now for the next nomination battle.......2006-12-09
Though a bit dated, The Brethren is still required reading for any who would speak intelligently about U.S. public policy. Undergrads considering a PoliSci major or a pre-law track should get this read before fall classes start. Justice John Paul Stevens is 86 as of this writing so we can expect another nomination circus soon. Opinions will be loud and furious but few of those opinions will be informed or articulate. The reason is that the courts are the least understood of the three branches of the U.S. govt. Americans love court TV but their eyes glaze over at the merest hint at what legal professionals actually do.
Bob Woodward shows his considerable strengths in this collaborative work with Scott Armstrong. We see his uncanny ability to use the "background" style of interview to tease out a vivid picture of a generally inaccessible organization. We also see his ready willingness to place his own views alongside statements of alleged fact without the slightest pause for ethical implications. On p.378 of my hardbound copy, the authors describe an effort by one of the Court clerks to rally dissent against a Warren Burger opinion thusly: "The debate turned not on what the Chief had said or intended, but on what Klein and some other clerks said it might mean." How Woodward read, maybe even wrote that line with a straight face is beyond my comprehension. Woodward is notorious for quoting a person or conversation or describing events at length and ending the otherwise factual paragraph with a summary of his own that sometimes stretches or distorts the obvious meaning hilariously.
Such passages read about like this: The man walked into the courtroom. His body language seemed to say "I have contempt for this hallowed organization and shall devote my energies to its downfall in accordance with my extremist views mwahaha!" (do you see how I said the passages were LIKE this? Clever eh?) In the closing paragraphs of "The Brethren" the authors offer this from p. 444: Five separate Fourth Amendment cases were announced on July 6, the last day of the term. All five ruled against citizens' rights and in favor of the government." That is a pretty terse description of cases which have spilled barrels of ink and a false dichotomy besides (are citizen rights truly protected by a government which fails to protect them from crime?)
The storytelling is clearly slanted against the Burger court but the overall quality of the work makes the bias forgivable. We learn how the members of the Court see their mandate. We see the enormous role the clerks play in shaping the rulings of the Court. Hopefully, we see the imbecility of street demonstrations in front of the Court Building but probably not.
There have been decent books on the SCOTUS since The Brethren but Woodward and Armstrong's work captures a period of transition and evolution. We see the bitter and grudging resignation of William Douglas, one of the longest serving Justices in the history of the Court. We see the machinations behind Roe, busing and capital punishment.
The Brethren is a dense and fairly challenging read but well worth it.
Interesting, but lacking.......2006-10-21
I was very much looking forward to reading this book. But I must say that from the first chapter I was disappointted with the writing. The book reads like a string of unrelated newspaper articles or diary entries. There is no underling arc that ties all of the little stories together.
However, despite this shortcoming, "The Brethen" is very interesting. Woodward and Armstrong provide a unique take on the inner-workings of the first few years of the Burger court.
I would suggest that anyone considering reading "The Brethen" instead consider "Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court" by Edward Lazarus.
The best book on the Supreme Court out there........2006-08-03
This may possibly be the best book ever written in regards to the US Supreme Court. Opening with the end of the Warren Court, Woodward and Armstrong go on to describe the Burger Court from 1969-1975. Talking at length about Abortion, the Nixon case, and the Death Penalty, as well as giving great insight into the minds of the 9 men who interpret the nation's constitution. An amazing book, everyone should read it.
A Classic History of the Burger Court.......2006-03-19
I have just re-read this book, which I first enjoyed while I was taking Con Law in law school in the late 1970s. It is a little dated, but still a fun and well-written insider's story of the workings of the U.S. Supreme Court. Woodward and Armstrong write with an "inside the beltway" politically-correct perspective which may seem a little dated today. That's one feature that stands out. When it was originally released, Jimmy Carter was just being elected President, and the Congress was 2/3 Democratic. The political battlegrounds have changed in a generation. However, judicially, not as much as you might expect. Many key issues - abortion, free expression, and the role and limits of government, e.g., - continued through Rehnquist's term as Chief and still face the Roberts court. While today's Court line-up is more conservative, the process of internal court politics is certainly similar, so this book remains useful in attempting to understand both the history of the Court when it issued so many of those decisions that still drive politicians mad today, and how the often convoluted opinions on divisive issues are formed.
It also provides a little nostalgia in remembering Justices such as Potter Stewart and Thurgood Marshall. The authors capture a famous incident involving these two. When the Court of the 1970's considered an obscenity case, the Justices would retire, often en masse, to a basement screening room to take in the offending film. This was a world without home videos. Justice Stewart was infamous for his statement in an earlier case that, while he couldn't define obscenity, "I know it when I see it." Apparently, at the crucial moment (you know the word I'm avoiding) of the film, Justice Marshall would turn to Justice Stewart and proclaim: "That's it - I know it, I see it!"
Anyone interested in Constitutional Law and the Supreme Court should read this book.
Good, with reservations.......2006-02-27
Frankly, I thought for sure this would be a 5-star. It's thick, "complete." And maybe that's its shortcoming.
Many a reviewer has commented on how the details of the politics of the Supreme Court were examined in this volume. The problem I had with it is that (1) the authors' biases were evident and (2) I don't know how the authors could know so well what's going on in the minds of the justices.
Regarding the first, I have pretty much the same biases as the authors. I would have admired the Warren Court more than that of Warren Berger. But they judged Berger harshly from the beginning. Methinks that, had they done the same at the beginning of the Warren Court, they may have been surprised.
As to the second, there was quite a bit that reminded me of what a former boss pointed out about a Halberstram book. I can't remember the details, but he asked, "How could the guy know what was going on in the minds of those in such and such a board room? That was speculative." I found just enough of that in this book to be a little annoying.
I was part of a discussion group over the book and some of the group members were amazed by (1) how hard William O. Douglas, the one whom we've looked to for liberal guidance, was on his clerks and (2) that Thurgood Marshall appeared, frankly, to be kind of lazy! I just thought I'd add that for a little color to the review.
If there is any one benefit of the book it's that it reveals that the justices are, alas, human. That sounds naive perhaps. But I've often wondered if the Supreme Court is almost like a temple, with the priests going into their chambers of intellectual superiority, way beyond us mere mortals. You may get the picture. But they are very political...and they vary substantially, according to the authors, in their intellectual abilities. That revelation makes the book worth reading. But it is a little cumbersome at times, and you must take some of the authors' words for what they're worth.
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Supreme Court Practice: For Practice in the Supreme Court of the United States
Manufacturer: BNA Books (Bureau of National Affairs)
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ASIN: 1570182248 |
Book Description
For over 50 years, attorneys and judges around the country have turned to this singular resource for explanation and guidance in understanding the Court's jurisdiction and practice.
Written from the authors' first-hand knowledge and experience, this book provides the most comprehensive and in-depth analysis of the Supreme Court available.
You can rely on this treatise for guidance on every aspect of practicing before the Court from literally how to pass through the guarded entrance to get to the Clerk's Office; how to get a "library pass" to use the Court's library on the third floor; how properly to invoke the Court's certiorari and appeal jurisdiction; how the Court's original jurisdiction can be invoked; how other extraordinary writs can be sought; and how to comply with the Court's precise rules as to the basic contents of petitions and briefs, including the location of "Questions Presented," page limits, type fonts and cover colors.
Take a look at everything Supreme Court Practice, Eighth Edition provides:
--Discussion of the jurisdictional and prudential scope of Supreme Court review. --Insights and guidance on preparing petitions for certiorari, jurisdictional statements, briefs in opposition, motions to dismiss or affirm. --Checklists for docketing and processing appeals and certiorari cases and for pursuing a case after review has been granted. --Expert analysis of the current 48 Rules of the Supreme Court. --Full text of the Clerk's revised (10/01) Guide for Counsel in Cases to Be Argued Before the Supreme Court of the United States. --Updated guidelines for those intending to prepare a petition for certiorari including in forma pamperis Rules. --Updated guidelines for preparing a petition for certiorari pursuant to the Court's in forma pauperis Rules. --Persuasive techniques for oral argument from the experience of judges and advocates. --Descriptions of the day-to-day operations of the Court and its officers, including the Clerk's Office, the Marshal, the Reporter of Decisions, the Library, the Public Information Office, the Curator, the Legal Office, the Administrative Assistant to the Chief Justice, and the Court's law clerks. The Court's regulations concerning the public use of the building and grounds are also included. --Alternative methods of admission to the Court's Bar by written and oral motion. --Sample forms and examples of petitions, briefs, and all other motions and documents that are pertinent to practice before the Court, plus all the Court's Rules and relevant statutes and regulations.
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- A masterpiece
- A Great Biography, History and Cultural Review
- Superlative work
- Well-written overall, but one big omission - Japanese detentions
- Still drafting in his wake
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Justice for All: Earl Warren and the Nation He Made
Jim Newton
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ASIN: 1594489289
Release Date: 2006-10-05 |
Book Description
A masterful biography of the legendary chief justice of the United States and chairman of the Warren Commission by an award-winning journalist, using previously unavailable government documents and scores of new interviews that cast new light on this crucial figure in U.S. history. <br/><br/> Earl Warren played a key role in nearly every defining political moment in American history in the latter half of the twentieth century. He began as an aggressive county prosecutor offended by graft and vice, then rose through California politics. As attorney general and governor, he led the country's fastest-growing state during a time of enormous change, his support for the internment of Japanese Americans during World War II one of the few blemishes on an otherwise progressive record. From his historic governorship to his pivotal years as chief justice to his role as chairman of the commission that investigated the assassination of John F. Kennedy, Warren traversed the Depression and the Cold War, the struggles to defend America against foreign enemies, and the emergence of a muscular commitment to individual liberty. <br/><br/> As chief justice from 1953 to 1969, Warren refashioned the place of the Supreme Court in American life, overseeing cases that desegregated schools (Brown v. Board of Education), established a constitutional right of privacy (Griswold v. Connecticut), outlawed prayer in public schools (Engel v. Vitale), created a right to counsel in state trials (Gideon v. Wainwright), codified voting rights (Baker v. Carr), and revolutionized police procedure (Miranda v. Arizona). Through those cases, Warren became a target for conservative ideologues, but he also carved a place for himself as one of the Court's most respected justices and reconstructed American society into the institutions and values it upholds today. <br/><br/> James S. Newton brings readers the first truly complete consideration of Earl Warren, taking advantage of unprecedented access to governmental, academic, and private documents pertaining to Warren's life, as well as the extensive cooperation of Warren's living children and associates. Newton illuminates both the public and the private Warren, the father of six whose own father was murdered, the stoic leader of the Masons who was touched by the difficulties of children, the sturdy yet prickly man. The result is a monumental biography of a complicated and principled figure that will become a seminal work of twentieth-century American history.
Customer Reviews:
A masterpiece.......2007-04-11
Jim Newton's biography of Earl Warren, "Justice for All", is a comprehensive and richly written book about one of the great Chief Justices in our nation's history. Warren, a moderately conservative man in temperament, style and often idea, led the Court through one of the most tumultuous times in recent memory. Revered and reviled as he might have been, his legacy is certainly one of notable accomplishments and Newton captures it well.
The author presents Earl Warren in a generally favorable light, reminding us of some of his catastrophic decisions, too....especially his support for the internment of Japanese-Americans during the Second World War. For a moderate, almost non-partisan Republican, Warren had terrific success as governor of California propelling him into the national limelight with only one real political miscalculation of consequence...his agreeing to be Thomas Dewey's Vice Presidential running mate in 1948. Here begins the real fascinating part of Newton's book...politics. Whether it was Earl Warren's tenure as governor, or later dealing with the many presidents he knew or the intricacies of the personalities on the Court, Newton is terrific at describing political process. As Warren was a Republican it was interesting to read that the three Republicans he knew who were or would become president...Eisenhower, Nixon and Ford....were ones with whom Warren had the most troubles. (The descriptions of Richard Nixon add some good humor to the book!) The Chief Justice thought the most highly of President Kennedy, we learn, and he at least got along reasonably well with Lyndon Johnson.
There are many court cases, of course, cited in this book. They are fascinating to read about, especially how often slim majorities hung in the balance, finally decided by Earl Warren's persuasive powers. Newton speaks a great deal about Warren's family and this is much to his credit...so often in these biographies families are put on the back shelf. Here, they are front and center. If I had one small negative thing to say it would be that as the book progresses the author's fondness for his subject becomes much more apparent. "Justice for All" never approaches a hagiography, but occasionally it appears headed in that direction. Other than that, Jim Newton has written a superlative book and I highly recommend it for two reasons....to remind those of us who remember Earl Warren of his towering presence as Chief Justice and for those too young to remember him but who want to learn more.
A Great Biography, History and Cultural Review.......2007-03-29
This is a great story about a pivotal figure in 20th century American history. Before reading this, I knew Warren primarily as the Chief Justice and chair of the Warren Commission. However, I didn't realize that Warren was a fellow Cal grad, California 3-term governor, and DA for the county I've lived in for 10 years.
As such, this book is a fascinating history of California in addition to it's other topics.
Another note; one reviewer claims that this book glosses over Warren's role in the internment of Japanese-Americans during WWII. My impression, was that Warren's role was described in fascinating detail, including his behind-the-scenes politicking which contributed to the Japanese being interned. Also, the author revisits this decision during the remainder of the book, commenting about how this controversial move colored Warren's outlook for the rest of this life.
Superlative work.......2007-03-16
Since there is so much I want to read I usually don't read more than one biography of anybody and I had already read two of Earl Warren:
1827 Super Chief: Earl Warren and his Supreme Court A Judicial Biography, by Bernard Schwartz (read 19 Feb 1984)
3114 Chief Justice: A Biography of Earl Warren, by Ed Cray (read 26 Sep 1998)
So I was surprised that I decided to read this book. But not reading it would have been a big mistake This is an extraordinarily well-done work, telling the story of a man whose contributions to our country as we now know it are huge. The author has a sure grasp for the momentous events in which Warren was involved, and I have not read a more interest-holding biography in years. So even if you think you know all there is to know about the man who turned out to be the greatest Chief Justice in our nation's history, you should read this excellent account of a vitally important man.
Well-written overall, but one big omission - Japanese detentions.......2007-03-05
Newton does well in looking at some of Warren's more controversial prosecutions as Alameda County (Oakland) district attorney, and as California attorney general.
But, he basically skips over Oovernor Earl Warren's part in the Japanese deportations in World War II.
The rest of the book is great, from the different difficult cases, to the background interviews with family and friends, through the Warren Commission and more. (I never realized how Jerry Ford was pipelining stuff to J. Edgar Hoover when he wasn't being an obstructionist.)
But, because Newton doesn't tackle this issue, or Warren's later thoughts on it, at all, to be honest, a potentially great book slips to four stars.
Still drafting in his wake.......2007-02-19
Earl Warren's is a biography that pays revisiting, especially now that the political center he represented is so thin and the political virtues he practiced so derided. He was an uncomplicated, direct, and plain-spoken man who nevertheless, as Chief Justice, produced astonishing results. Brown vs. the Board of Education provided the essential legal fulcrum of the Civil Rights movement that transformed America in the last half of the 20th century. Perhaps this simplicity and clear vision was the key to his effectiveness.
How to explain the contradictions in Warren's life? Eisenhower was famously unhappy with his appointee. Warren, as Chief Justice, took positions that contradicted what Warren himself, as a District Attorney and Governor, had in fact practiced. No wonder Ike was pole-axed by the Chief Justice he got. The answer seems to be that Warren focused on using the tools each office provided to advance a consistent philosophy, equal justice for all.
Also interesting is the counterpoint and interplay of the careers of Warren and Richard Nixon. Nixon plainly drafted in Warren's wake and converted to the uses of his ambition political capital Warren had accumulated, especially when he crawled over Warren's presidential ambitions to secure the nomination as Vice-President. Yet two politicians were never more dissimilar than Warren and Nixon, the one open, natural, sociable, and comfortable in his skin, the other so contrived and fabricated as to stand for the least likely politician in recent history. But Nixon feigned the virtues Warren possessed in abundance: another way he drafted in Warren's wake. When Nixon hid lies and inconsistencies behind prefaces that he was about to make things "perfectly clear," he aped only Warren's political prose, not Warren's philosophy.
Jim Newton is a writer Warren would have enjoyed talking to and might have hired as a speechwriter. His prose is direct and his explanations of otherwise thorny and obscure legal issues easily penetrable. Warren deserves a better and grander reputation than he has merited at the hands of the neo-conservatives who have taken over the Court and Court punditry. Newton is an able advocate for a reappraisal. Warren did much more good for the county than serve as the exemplar of evil judicial activism. Absent Warren would Clarence Thomas today be on the Supreme Court? Perhaps the only irony of Warren's career is that so few followed in his footsteps, but so many neo-Nixons are still drafting in his wake.
Average customer rating:
- An excellent reference
- Massive tome on the Supreme Court.
- A worthy companion
- A companion readers can't do without
- An invaluable reference tool
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The Oxford Companion to the Supreme Court of the United States
Manufacturer: Oxford University Press, USA
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Binding: Hardcover
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Similar Items:
- The Oxford Guide to United States Supreme Court Decisions
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ASIN: 0195176618 |
Book Description
The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power. This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the second edition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society.
Customer Reviews:
An excellent reference.......2006-06-03
It is difficult to say whether the contentious atmosphere that currently exists regarding the legal opinions of the Supreme Court is greater than any other time in the history of the United States. There have been times, especially during the Civil War and World War I when the Supreme Court raised the ire of many a citizen. Some of the "activist" justices, as some of them are now called, could perhaps be designated as "activist light" if compared with some of the justices of the past. This book gives ample evidence for this comparison, but also gives information on a wide variety of legal issues that the Supreme Court has had to deal with throughout its history. It would probably not be read from cover to cover, but instead serves as a general reference for those readers who are not and do not intend to become legal scholars, but are curious as to the reasoning patterns deployed by the justices who sat on the Court. Readers who are approaching this subject for the first time will find many surprises about the Court, both in the opinions expressed by the judges and in their personal histories and backgrounds. It is fair to say that legal opinions are guided predominantly by the historical context in which they are put forth, and this claim seems to gain more substantiation as more articles in this book are read and studied.
One of the more surprising things to learn from this book is that the Supreme Court never really considered free speech issues with the First Amendment until as late as 1919, in Schenck v. United States. This case is also discussed in this book, and revolves around Charles Schenck, who was general secretary of the Socialist party of the time. Schenck and a few other defendants were convicted with a violation of the 1917 Espionage Act by conspiring to obstruct military recruiting and enlistment via the circulation of pamphlet. Justice Oliver Wendell Holmes wrote the unanimous opinion for the court ruling against Schenck and defendants and thus upholding their conviction. This case was the first time the famous statement of "crying fire in a public theatre" was used to restrict an "absolutist" interpretation of the First Amendment. It could also be viewed as an example of how even legal authorities, who are supposed to be calm and rational during emergencies or times of war, can succumb to the pressures of the times (in this case the pre- and post-war hysteria of World War I) and not be able to divorce themselves from their past personal histories (Holmes himself was wounded three times while serving in the Union Army during the Civil War). The Holmes Court effectively said that the First Amendment is not to be taken literally, and if speech presents a "clear and present danger" then governmental agencies have the right to punish the purveyors of this speech. Free speech issues dominant legal discussions at the present time, and the legal standing of "hate speech" is discussed in an article in this book. One can find solace in knowing that the Supreme Court has not found "hate speech" to be prohibited by the Constitution, despite attempts of many groups to justify its prohibition by appeals to constitutional law. The article on "hate speech" discusses some of these cases and gives a few references.
Without doubt the most despicable legal decision ever put forth by the Supreme Court was the case Scott v. Sandford in 1857. Known famously as the `Dred Scott Case', it is characterized in this book as one of the most important cases in American constitutional law. The decision essentially said that blacks are not citizens of the United States and therefore could not sue in federal courts. In addition, slaves were "property" that was "protected" by the Constitution. Naturally, and justifiably from a moral standpoint, the decision provoked hostile reaction against the Court, and the justices who ruled against Scott clearly were "activist heavy". In reference to the Dred Scott decision, the abolitionist William Garrison was justified in his statement that the Constitution was a "a covenant with death, and an agreement with hell."
The case Roe v. Wade is also discussed at length in this book, as expected. It will be interesting to see whether this case is overturned in the near future. If it is it might be because of a kind of `legal fatigue' that seems to be setting in dialog about the case. The arguments both for and against Roe v. Wade are repeated over and over again and have become almost platitudes. Rather than being a complicated Constitutional issue, is seems that the legal reasoning surrounding Roe v. Wade has become desiccated and has exhausted itself, offering no further insights or justifications for privacy.
Massive tome on the Supreme Court........2005-10-07
_The Oxford Companion to the United States Supreme Court of the United States_ (Kermit Hall, ed.) is a massive tome containing a vast swath of information: cases, traditions, theories of constitutional interpretations, historical events, and biographies of all of the Supreme Court Justices. It has the same material (word for word) as Kermit Hall's _The Oxford Guide to United States Supreme Court Decisions_ but this is much more worthwhile reference work because it contains more contextual material than the cases themselves. This book is by no means exhaustive, but it provides a very informative overview of what the Supreme Court has been up to for the past two hundred years and the very different personalities serving on the body.
A worthy companion.......2005-09-29
As the nation prepares to welcome the seventeenth Chief Justice, this book is a wonderful guide to the processes of the least 'media-exposed' branch of the federal government and its highest institution, the Supreme Court.
This book has many handy features for researchers and general enthusiasts. There are brief biographies - personal, professional and judicial - of each of the Chief Justices and Associate Justices of the Supreme Court (there have been 108 in all, with 113 appointments, as 5 Associate Justices have later been appointed as Chief Justice) together with pictures of each. There are synopses of over 400 of the most pivotal cases in the history of the Supreme Court (Marbury v. Madison, Brown v. Board of Education, Roe v. Wade, even Bush v. Gore from the year 2000) - each of these cases is presented with voting record (who wrote the opinion, who concurred, who dissented, and who wrote additional opinions) as well as the pertinent issues in the cases and the implications of the decisions.
This is a very comprehensive guide. There are essays on key issues that are very thorough - for example, the essay on 'Federalism' is an eleven page entry that includes general political principles as well as court work. There are essays on each Article of the Constitution as well as each of the Amendments. One of the longest entries is the essay on 'History of the Court', subdivided into major chronological sections - this is one of the best, brief encapsulations of the history of the high court and how it is has made an impacted (and in turn been influenced by) society that I have read. There are also entries on the physical structures of the court - the essay on the building gives an historical overview of where and in what setting the court has met, and minor entries include features of the current building (for example, there is a short entry entitled 'Barber Shop', which talks about the facility for Justices and male employees of the court to get a haircut - it mentions nothing of where O'Connor, Ginsburg or the female court employees might get their hair done). One also learns that there is a basketball court in the gymnasium of the Supreme Court, but that basketball is prohibited while the court is in session, as the dribbling balls can be heard in the court chamber.
There are also entries on key judicial concepts. The concept of Constitutional Interpretation is something that many people take for granted, but is in fact an continually changing methodology. There are Common Law concepts such as the Writ of Mandamus and Writ of Certiorari (each have an entry) as well as the more structured Writ of Habeas Corpus. One also discovers here that 'Mootness' is a word.
There are several appendices that are also handy features. The first appendix, appropriately, is the full text of the Constitution. The second appendix lays out the nominations, terms and succession of the Justices in several ways, including an interesting graphical representation organised alongside presidential terms, as well another chronology that shows number of days without a full court appointed (when we imagine that a few months is a long time to go in the nomination and approval process, we can see that from 1843 to 1846, there were 965 days without a full court).
For trivia buffs, appendix three is a fun piece - there is a listing of the trivia and traditions of the court, divided into 'Firsts' and more general 'Trivia'. Too bad it doesn't list why Chief Justice Rehnquist wore stripes on his sleeves as Chief Justice! Perhaps that is an update for the third edition.
This is a book with great information, as well as a good deal of spirit and wit. It is a valuable addition to any library.
A companion readers can't do without.......2005-08-16
Since its initial publication in 1992, The Oxford Companion to the Supreme Court of the United States has served as a valuable resource on the history of the Court. With articles on the justices, their key decisions, legal philosophies, and even aspects of Court life, the Companion has been an indispensable addition for anyone interested in American law or the history of the Court.
With the passage of time, though, the need for an update taking into account subsequent cases and topics has only grown. This need has now been met with the second edition, which includes new articles on a variety of topics, and revision of many of the earlier ones. While a few mistakes were missed (the entry on Supreme Court clerks, for example, was not updated to include Stephen Breyer among the names of the justices who previously served as clerks) and while the bibliographies at the end of each article have only been indifferently updated (while the entry on William O. Douglas includes Bruce Allen Murphy's recent biography, the one on Benjamin Cardozo includes neither of the important books written about him over the past decade), the overall result is a work of continuing utility for readers and scholars alike.
An invaluable reference tool.......2005-05-27
If you are a committed browser (as I am), you will find this hefty volume an invaluable reference tool. It's crammed with useful (and oftentimes fascinating) information about the Supreme Court, its judges, its procedures, its important cases, and its long and interesting history. The double-columned text and detailed index pack a truly amazing amount of data into 1239 pages. Want to know the issues and holdings in Presser v. Illinois (1886)? Interested in the Court's treatment of housing discrimination? Have you forgotten the factual details of John Marshall's seminal decision in Marbury v. Madison (1803)? Interested in the life and career of Justice Bushrod Washington, George Washington's favorite nephew and an associate justice of the Supreme Court from 1798 to 1829? (Why don't parents name their kids Bushrod any more?) All of these subjects, and hundreds more, are treated here with deftness and authority (the contributors include some of the leading constitutional scholars in the country). Read this and profit from the accumulated wisdom of many years and many great minds.