The Supreme Court and the American elite : 1789-2008

In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.

“the Supreme Court Follows The Election Returns,” The Fictional Mr. Dooley Observed A Hundred Years Ago. And For All Our Ideals And Dreams Of A Disinterested Judiciary, Above The Political Fray, It Seems Mr. Dooley Was Right. In This Engaging—and Disturbing—book, A Leading Historian Of The Court Reveals The Close Fit Between Its Decisions And The Nation’s Politics.

the Story Begins With The Creation Of The Constitution And Ends With The June 2008 Decisions On The Rights Of Detainees At Guantánamo Bay. Rendering Crisp (and Often Controversial) Judgments On Key Decisions From marbury V. Madison To The War On Terror, Lucas Powe Shows How Virtually Every Major Supreme Court Ruling, However Deftly Framed In Constitutional Terms, Suited The Wishes Of The Most Powerful Politicians Of The Time. This History Reflects A Changing Court, From The Country’s Early Struggles Over Commerce And Transportation To The Torturous Justifications Of Slavery Before The Civil War, To A Post–new Deal Interest In Ending Segregation, Controlling Criminal Procedure, And Addressing Knotty Questions Arising From The Cold War. Through All Of This The Court Emerges As Part Of A Ruling Regime, Doing Its Best To Implement The Regime’s Policies.

drawing On More Than Four Decades Of Thinking About The Supreme Court And Its Role In The American Political System, This Book Offers A New, Clear, And Troubling Perspective On American Jurisprudence, Politics, And History.

lawrence M. Friedman - American Prospect

powe Has Certainly Written A Book That Is Entertaining, Quirky, Idiosyncratic, Fun To Read, And More Than Occasionally Insightful. It Does Blend Together Legal Doctrine And American Politics, And As A Result The History Is Richer--and More Complete--than The Usual Account.

The Supreme Court follows the election returns, the fictional Mr. Dooley observed a hundred years ago. And for all our ideals and dreams of a disinterested judiciary, above the political fray, it seems Mr. Dooley was right. In this engagingand disturbingbook, a leading historian of the Court reveals the close fit between its decisions and the nations politics. The story begins with the creation of the Constitution and ends with the June 2008 decisions on the rights of detainees at Guantnamo Bay. Rendering crisp (and often controversial) judgments on key decisions from Marbury v. Madison to the War on Terror, Lucas Powe shows how virtually every major Supreme Court ruling, however deftly framed in constitutional terms, suited the wishes of the most powerful politicians of the time. This history reflects a changing Court, from the countrys early struggles over commerce and transportation to the torturous justifications of slavery before the Civil War, to a postNew Deal interest in ending segregation, controlling criminal procedure, and addressing knotty questions arising from the Cold War. Through all of this the Court emerges as part of a ruling regime, doing its best to implement the regimes policies. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history. In this engaging-and disturbing-book, a leading Court historian reveals the close fit between its decisions and the nation's politics. Drawing on over four decades of thinking about the Supreme Court and its role in the U.S. political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history. Very modest beginnings The court in a two-party republic The states and the republic The sectional crisis and the Jacksonian court Civil War and Reconstruction Industrializing America Progressivism, normalcy, and depression After the New Deal constitutional revolution Reforming America An uneasy status quo An imperial court.