Peter Irons' major work on the Supreme Court of the United States (SCOTUS) offers a detailed exploration of its history. Irons not only takes the reader through key historical aspects but also sheds light on those who shaped the Court or were involved in significant cases.
In the early part of the book, Irons lays the foundation by focusing on the Republic and the creation of its political framework. He details the fights among the Founding Fathers to bring forth a strong constitutional document and the Bill of Rights. The establishment of the Supreme Court followed, and although its early years were slow, key decisions had a profound impact on the country's future.
As the narrative progresses, Irons delves into the era of slavery and the Court's handling of cases like Dred Scott, highlighting its fallibility. He then explores various other themes such as free speech during the lead-up to the Great War, economic decisions related to the New Deal, and controversies like Japanese internment, racial segregation, and abortion.
The book also examines the changing composition of the Court and how it influenced its views. Irons shows how different administrations brought about changes in the Justices, leading to shifts in major issues. The work is unique in that it provides more background and a deeper understanding of the cases and the people involved, rather than just offering generalizations.
Overall, this book is a must-read for those passionate about American constitutional law and politics. It offers a comprehensive and detailed look at the cases that have shaped the nation. While the reading can be dense at times, it is necessary to lay the groundwork for a more in-depth exploration. Kudos to Mr. Irons for this remarkable piece of work that has opened many eyes to the intricacies of American political and constitutional history.
Wonderful encapsulation of the history of the Court. It is by no means complete, but it hits on almost all of the big, recognize-by-name cases. This makes it a valuable resource for those interested in understanding the development of the Court. I won't deny that, like reality, the book has a liberal bias. However, this does not detract from its overall value. The author presents the cases in a clear and engaging manner, making it easy for readers to follow. Nonetheless, it is an engrossing introduction to American jurisprudence. It provides a good overview of the major cases and legal principles that have shaped the American legal system. Whether you are a law student, a legal professional, or simply someone interested in the law, this book is well worth reading.
The Supreme Court serves as a remarkable lens through which we can explore the fantastic story of American history. Irons takes us on an engaging journey, guiding us through the timeline of the major court cases and decisions that have shaped our nation. Alongside this, we also get a glimpse into the political climates that prevailed during different eras of our nation's upbringing. By delving into these aspects, we gain a deeper understanding of why we are the way we are today. The court cases have had a profound impact on various aspects of American society, from civil rights to government power. Through Irons' narrative, we can see how these decisions have influenced the course of history and continue to shape our present. It is truly a fascinating exploration that allows us to appreciate the complexity and significance of American history.
There were times when I was so engrossed in this that I thought I might rate it a four. However, overall, I think three is the appropriate score. Howard Zinn’s (controversial? Once-controversial?) People's History of the United States was an excellent read. I believed that this book, written by Peter Irons, a disciple of Zinn, would be a great exploration of a particular area of interest for me. I aim to educate myself on social justice issues, and the Constitution (and Constitutional Law) is especially fascinating to me. This is in no small part because I have to deal with Constitutional issues regularly in my criminal appellate work.
The book appears rather large and intimidating (which sometimes makes it fun to carry around), but it is actually quite accessible and reads faster than one might expect. It begins with the colonies and English Common Law, as well as some of the distinctions that developed on this side of the Atlantic. Of particular interest is the way law and religion were so closely intertwined from the start, and the powerlessness of under-represented classes (particularly women) that was sanctioned by the Protestant interpretation of God’s law. Slavery, with its rationalizations and contradictions, is also addressed at the outset. The same goes for the Native Americans and the atrocities committed (and justified) by the English settlers.
The book then moves on to The Articles of Confederacy and, more specifically, the manner in which the Constitution was written to replace it. From there, it examines some of the important early decisions (notably Marbury v. Madison for constitutional scholars) and quickly progresses to some of the decisions that reflected the country’s march toward civil war (Dred Scott, obviously). Eventually, we reach Roosevelt’s trust-busting and his battles with a court that wanted to limit federal power to regulate labor. Then we move into the mid to late thirties when the Court finally decided to care a little more about Human Rights than Property Rights (even if they had some missteps along the way). Toward the end, we see the Court’s recognition of a right to privacy and the protections that emerged from it (though the book is a bit too old to cover the end of Roe). The last part, which I believe was added to this later edition, covers some of the post-2000s decisions, particularly those that pit the Establishment Clause against the Free Exercise Clause (which has long been an interest of mine) and delves into a flurry of seemingly unrelated cases that a slightly more liberal court decided thereafter (expansion of gay rights, revisiting affirmative action, Bush II’s contested election and his right to detain enemy combatants without trial, etc.).
The book doesn’t spend all of its time delving deeply into the complexity of individual cases. It is largely a political history of the United States and discusses the cases that represent the conflicts within our nation. From there, it moves to the American Gilded Age and the court’s protection of economic interests over individual civil rights.
Any book title that includes ‘A People’s History’ makes no attempt to hide its biases. You can see this when Irons dismisses the decades-long careers of Supreme Court Justices (“After that shaky start, [Nathan Clifford] served for twenty-three years and wrote some four hundred opinions, none of them still remembered. His judicial record was as undistinguished as Buchanan’s in the White House.”), while giving others considerable leniency (“Swayne served for nineteen years, voting consistently to uphold civil rights laws and federal power over the states.” – with no mention of what opinions he did or didn’t write or how worthy of history they are).
I can tell you that, while Irons includes very brief summaries of Justices’ careers and legacies, I’m not walking away from this book with all that information memorized. For example, if I hear the name William Moody, maybe I’ll be able to tell you that he was on the Supreme Court, but I will not remember that he served only three years because he was crippled by rheumatism and that his only significant constitutional opinion was Twining v. New Jersey which denied the right against self-incrimination in criminal trials (to be overturned in 1964). That is to say: I’m still never going to be a great Jeopardy contestant.
There were times while reading that I had to do some self-reflection. I work for the prosecutor’s office. I’m on the side that has historically enforced unjust laws. When I read about the Espionage Act prosecutions during WWI, I like to think that I would quit and look for other employment if it were my job to jail people (for up to twenty years) for expressing opposition to an unpopular war. But would I be (am I) astute enough to recognize the injustice of such laws in the moment? Am I doing anything in 2024 that will put me on the wrong side of history in 2054? (For the record, I don’t think I am – I work with State law, so it’s your typical cases like murder, rape, and assault – I’m not trying to put undocumented children in cages or anything).
Also, this is crazy:
“Byron White, who replaced Justice Charles Whittaker in April 1962, closely resembled John Kennedy in age, ambition, and aggressive pursuit of political goals. Born just ten days after Kennedy in 1917, White attended his home-state University of Colorado and earned both a Phi Beta Kappa key and All-American honors in football as a running back, earning him the nickname “Whizzer,” which he detested. He turned down a Rhodes scholarship to play professional football. After one starring season with the Pittsburgh Steelers, White took his Rhodes year at Oxford; on his return he combined studies at Yale Law School with games for the Detroit Lions. Enlisting in the navy in 1942, he became a PT-boat skipper in the South Pacific and formed a close friendship with another skipper, Jack Kennedy. White completed his Yale studies after the war and clerked for Chief Justice Vinson before returning to Colorado, where he practiced law and Democratic politics until President Kennedy named him as deputy attorney general in 1961.”
I would love to find a book (for the general public, not some textbook) that delves into criminal law the way one can find books that explore Constitutional law. But I understand. Constitutional law is the evolution of different interpretations of an old document by different Justices over time. Criminal law is mostly different from state to state (but really, mostly the same) and its changes are generally the result of specific legislative processes. I guess that’s not as interesting? It’s what I do now, though, and I really like it, and I wouldn’t mind accessible books about the overall shape of it.
The very last paragraph of the epilogue had a significant impact in 2024 – where the author’s fears have been realized (even if it took a little longer than he might have guessed):
“It is impossible, of course, to predict with certainty how the Supreme Court now headed by Chief Justice Roberts will decide cases that raise contentious issues, and whether the justices will uphold or overturn the Roe decision. With the addition of Justice Alito, there are still five of his colleagues who have voted in the past to “reaffirm the central holding” of Roe. But death or retirements before the presidential elections in 2008 might give President Bush the chance to name one or more new justices. That election, in fact, could well make the Court a central focus of the campaigns between the candidates who seek the White House. And other issues that come before the Court might supplant abortion as the litmus test for judicial nominees. Only time will tell, but four things are certain: Who sits in the Oval Office, which party controls the Senate, which justices leave the Court, and who replaces them are all factors that will affect—in one direction or another—the future course of American law.”