Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices


Noah Feldman - 2010
    A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

The Brethren: Inside the Supreme Court


Bob Woodward - 1979
    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.

Justice for All: Earl Warren and the Nation He Made


Jim Newton - 2006
    Board of Education, Griswold v. Connecticut, Miranda v. Arizona. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton illuminates both the public and the private Warren. The result is a monumental biography of a complicated and principled figure that will become a seminal work of twentieth-century American history.

A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution


Peter Irons - 1999
    In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn.

They Also Ran


Irving Stone - 1943
    s/t: The Story of the Men Who Were Defeated for the Presidency

America's Constitution: A Biography


Akhil Reed Amar - 2005
    Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

The Tempting of America


Robert H. Bork - 1990
    Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law.

Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America


Adam Cohen - 2020
    But when Warren announced his retirement in 1968, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with others more loyal to his views. During his six years in office, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years.In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from a pro-corporate agenda. Contrary to what Americans might like to believe, the Court does not protect equally the rights of the poor and disadvantaged, and, in fact, hasn't for decades. Many of the greatest successes of the Warren Court, such as school desegregation, labor unions, voting rights, and class action suits, have been abandoned in favor of rulings that protect privileged Americans who tend to be white, wealthy, and powerful.As the nation comes to grips with two newly Trump-appointed justices, Cohen proves beyond doubt that the trajectory of today's Court is the result of decisions made fifty years ago, decisions that have contributed directly and grievously to our nation's soaring inequality. An triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and should shake to its core any optimistic faith we might have in it to provide checks and balances.

The Nine: Inside the Secret World of the Supreme Court


Jeffrey Toobin - 2007
    An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

American Creation: Triumphs and Tragedies at the Founding of the Republic


Joseph J. Ellis - 2007
    Historian Ellis guides readers thru the decisive issues of the nation's founding, and illuminates the emerging philosophies, shifting alliances, and personal and political foibles of now iconic leaders. He explains how the idea of a strong federal government, championed by Washington, was eventually embraced by the American people, the majority of whom had to be won over. He details the emergence of the two-party system--then a political novelty--which today stands as the founders' most enduring legacy. But Ellis is equally incisive about their failures, making clear how their inability to abolish slavery and to reach a just settlement with the Native Americans has played an equally important role in shaping our national character. Ellis strips the mythic veneer of the revolutionary generation to reveal men possessed of both brilliance and blindness.

Miracle at Philadelphia: The Story of the Constitutional Convention, May to September 1787


Catherine Drinker Bowen - 1966
    Bowen evokes it as if the reader were actually there, mingling with the delegates, hearing their arguments, witnessing a dramatic moment in history.Here is the fascinating record of the hot, sultry summer months of debate and decision when ideas clashed and tempers flared. Here is the country as it was then, described by contemporaries, by Berkshire farmers in Massachusetts, by Patrick Henry's Kentucky allies, by French and English travelers. Here, too, are the offstage voices--Thomas Jefferson and Tom Paine and John Adams from Europe. In all, fifty-five men attended; and in spite of the heat, in spite of clashing interests--the big states against the little, the slave states against the anti-slave states--in tension and anxiety that mounted week after week, they wrote out a working plan of government and put their signatures to it.

The Summer of 1787: The Men Who Invented the Constitution


David O. Stewart - 2007
    The Summer of 1787 takes us into the sweltering room in which delegates struggled for four months to produce the flawed but enduring document that would define the nation -- then and now. George Washington presided, James Madison kept the notes, Benjamin Franklin offered wisdom and humor at crucial times. The Summer of 1787 traces the struggles within the Philadelphia Convention as the delegates hammered out the charter for the world's first constitutional democracy. Relying on the words of the delegates themselves to explore the Convention's sharp conflicts and hard bargaining, David O. Stewart lays out the passions and contradictions of the often painful process of writing the Constitution. It was a desperate balancing act. Revolutionary principles required that the people have power, but could the people be trusted? Would a stronger central government leave room for the states? Would the small states accept a Congress in which seats were alloted according to population rather than to each sovereign state? And what of slavery? The supercharged debates over America's original sin led to the most creative and most disappointing political deals of the Convention. The room was crowded with colorful and passionate characters, some known -- Alexander Hamilton, Gouverneur Morris, Edmund Randolph -- and others largely forgotten. At different points during that sultry summer, more than half of the delegates threatened to walk out, and some actually did, but Washington's quiet leadership and the delegates' inspired compromises held the Convention together. In a country continually arguing over the document's original intent, it is fascinating to watch these powerful characters struggle toward consensus -- often reluctantly -- to write a flawed but living and breathing document that could evolve with the nation.

John Marshall: Definer of a Nation


Jean Edward Smith - 1996
    An apt symbol of the man who shaped both court and country.Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.

A Patriot's History of the United States: From Columbus's Great Discovery to the War on Terror


Larry Schweikart - 2004
    These intellectuals have searched for instances of racism, sexism, and bigotry in our history while downplaying the greatness of America’s patriots and the achievements of “dead white men.” As a result, more emphasis is placed on Harriet Tubman than on George Washington; more about the internment of Japanese Americans during World War II than about D-Day or Iwo Jima; more on the dangers we faced from Joseph McCarthy than those we faced from Josef Stalin.A Patriot’s History of the United States corrects those doctrinaire biases. In this groundbreaking book, America’s discovery, founding, and development are reexamined with an appreciation for the elements of public virtue, personal liberty, and private property that make this nation uniquely successful. This book offers a long-overdue acknowledgment of America’s true and proud history.

Fairness and Freedom: A History of Two Open Societies: New Zealand and the United States


David Hackett Fischer - 2012
    Both have democratic polities, mixed-enterprise economies, individuated societies, pluralist cultures, and a deep concern for human rights and the rule of law. But all ofthese elements take different forms, because constellations of value are far apart. The dream of living free is America's Polaris; fairness and natural justice are New Zealand's Southern Cross.Fischer asks why these similar countries went different ways. Both were founded by English-speaking colonists, but at different times and with disparate purposes. They lived in the first and second British Empires, which operated in very different ways. Indians and Maori were important agents ofchange, but to different ends. On the American frontier and in New Zealand's Bush, material possibilities and moral choices were not the same. Fischer takes the same comparative approach to parallel processes of nation-building and immigration, women's rights and racial wrongs, reform causes andconservative responses, war-fighting and peace-making, and global engagement in our own time--with similar results.On another level, this book expands Fischer's past work on liberty and freedom. It is the first book to be published on the history of fairness. And it also poses new questions in the old tradition of history and moral philosophy. Is it possible to be both fair and free? In a vast array ofevidence, Fischer finds that the strengths of these great values are needed to correct their weaknesses. As many societies seek to become more open--never twice in the same way, an understanding of our differences is the only path to peace.