The most powerful court in the world A history of the Supreme Court of the United States

Stuart Banner, 1963-

Book - 2024

"In the United States, we answer some of our most bitterly contested questions by presenting them to nine elderly lawyers, the justices of the Supreme Court. The Court was the most powerful court in the world when it was established in the late 1700s, and until recently it has had no competitors for the title. This book is about how the Court acquired so much power, how it has retained its power in the face of repeated challenges, and what it has done with its power over the years. The book shows that from the beginning, the Court has always been tasked with deciding high-profile cases involving issues that a great many people cared deeply about, along with a much larger number of obscure cases raising technical questions of little int...erest to most people. Critics of the Court's best-known decisions have always accused the justices of deciding cases on political rather than legal grounds. In this respect, today's criticism of the Court continues a tradition that has lasted for more than two centuries"--

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Subjects
Published
New York, NY : Oxford University Press [2024]
Language
English
Main Author
Stuart Banner, 1963- (author)
Physical Description
658 pages : illustrations ; 25 cm
Bibliography
Includes bibliographical references and index.
ISBN
9780197780350
  • Acknowledgments
  • Introduction
  • 1. Establishing the Court
  • 2. Itinerant Judges on a Part-Time Court
  • 3. Federal and State Power
  • 4. Slaves and Indians
  • 5. The Court and the Civil War
  • 6. Life at the Court, 1870-1930
  • 7. The Jim Crow Court
  • 8. The Lochner Era
  • 9. The Birth of the Modern Court
  • 10. Court-Packing and Constitutional Change
  • 11. The Justices at War
  • 12. Desegregation
  • 13. The Liberal Court
  • 14. A Partial Counterrevolution
  • 15. New Paths to the Court
  • 16. Back to the Right
  • Epilogue
  • Abbreviations
  • Notes
  • Index
Review by Kirkus Book Review

The fiery language directed at SCOTUS obscures a fascinating, complex story, says this engaging book. The past decade has seen waves of vitriol directed at the Supreme Court from one side or another, so it is refreshing to find a book that sets out the institution's history without histrionics. Banner is a distinguished legal academic who has written a series of interesting books, includingHow the Indians Lost Their Land,The Death Penalty, andThe Decline of Natural Law, and his intention here is to explain how the Court has operated since its founding. A point that is often missed is that the Court focuses on appeals, judicial review, and technical issues of law. It can, if it chooses, hear cases where the facts are in dispute, but those are unusual. It is often seen as leaning toward the conservative side of the spectrum, but in the 1960s and 1970s it was certainly of a liberal bent. Critics often claimed, then, that in decisions likeMiranda,Brown, andRoe, it was ignoring public opinion, going beyond its constitutional role, and creating disruption. When the Court became more conservative, its previous supporters and opponents switched sides and arguments, apparently without a hint of irony. Banner lays out the reasoning in recent cases likeDobbs but is scrupulously evenhanded, offering no opinion about the legal merits of either the decision or the dissent. He notes that calls for changing the Court to affect decisions, such as by increasing the number of judges, are not new but have never received much support. For its part, the Court often shows a surprising independent streak. Banner avoids jargon wherever possible, and the result is a book that is accessible, intelligent, and colorful. With clear-minded authority, Banner tells the story of a crucial, but misunderstood, part of the constitutional structure. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.