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

Book cover image of A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution by Peter Irons

Authors: Peter Irons, Howard Zinn
ISBN-13: 9780143037385, ISBN-10: 0143037382
Format: Paperback
Publisher: Penguin Group (USA)
Date Published: July 2006
Edition: Revised Edition

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Author Biography: Peter Irons

Peter Irons is a professor of political science at the University of California at San Diego. He is the author of several books, the first of which, The New Deal Lawyers, was voted the best work in American legal history by the Law and Society Association.

Book Synopsis

Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. 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.” A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court. BACKCOVER: It is such good reading that we allow the author to lead us places in history that we might not have expected to travel. (The Boston Globe)

Publishers Weekly

Presenting a sophisticated narrative history of the Supreme Court, Irons (The Courage of Their Convictions, etc.) illustrates the beguiling legacy left by the Constitution's framers, who conjured up the high Court without providing an instruction manual. Irons is clear about where his ideological sympathy lies, calling Justice William Brennan "my judicial ideal and inspiration" and quoting Brennan's famous formulation that "the genius of the Constitution" rests in "the adaptability of its great principles to cope with current problems and current needs." Irons traces the development of the Court's peculiar institutional workings from its first proceedings under Chief Justice John Jay to the struggle for individual liberties during the successive Warren, Burger and Rehnquist Courts. In characterizing the Court as a bastion of racism, classism and sexism prior to Earl Warren's ascendancy, he often tends to use extended arguments when quick jabs would suffice. But as he delves into the personalities of litigants, justices and senators (who, as far back as 1831, fought fiercely over the confirmations of Supreme Court nominees), Irons proves himself a master of American legal and political history. He is particularly lucid when recounting how Reconstruction reforms, such as the Fourteenth Amendment, that were intended to ensure the liberties of individuals were co-opted by the Gilded Age Court to protect the liberties of business. Irons combines careful research with a populist passion. In doing so, he breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation. BOMC selection. (Aug.) Copyright 1999 Cahners Business Information.

Table of Contents

Forewordv
Introduction: "The Genius of the Constitution"xiii
Section I"To Establish a More Perfect Union"1
Chapter 1"Morally Sinful by the Word of God": The law of the colonial era and its treatment of religious dissenters, women, blacks, and Indians3
Chapter 2"The Exigencies of the Union": The Constitutional Convention meets in 1787; James Madison and the Virginia Plan17
Chapter 3"Dishonorable to the National Character": The Framers debate the powers of Congress; the Great Compromise over slavery27
Chapter 4"The Supreme Law of the Land": The Framers debate executive power and establish the Supreme Court36
Chapter 5"The Country Must Finally Decide": The Framers debate a bill of rights; the final drafting and signing of the Constitution48
Chapter 6"The Plot Thickens Fast": The states debate and ratify the Constitution59
Chapter 7"The Nauseous Project of Amendments": The First Congress debates a bill of rights; the states ratify the first ten amendments69
Section II"It Is a Constitution We Are Expounding"83
Chapter 8"The Court Is Now Sitting": Establishing the Supreme Court; its first sessions and members85
Hayburn's Case (1792)
Chisholm v. Georgia (1793)
Chapter 9"To Say What the Law Is": Congress passes the Sedition Act; Chief Justice John Marshall and judicial power96
Marbury v. Madison (1803)
Chapter 10"These Jarring and Discordant Judgments": The impeachment of Justice Samuel Chase; conflicts between federal and state powers108
Fletcher v. Peck (1810)
Martin v. Hunter's Lessee (1816)
Cohens v. Virginia (1821)
Chapter 11"The Good and the Wise": Federal power over the states; the Court construes the Contract Clause121
McCulloch v. Maryland (1819)
Dartmouth College v. Woodward (1819)
Sturges v. Crowninshield (1819)
Gibbons v. Ogden (1824)
Ogden v. Saunders (1827)
Barron v. Baltimore (1833)
Chapter 12"Great, Good, and Excellent Man!": The Court first confronts slavery; Chief Justice Marshall dies and Roger Taney takes over137
The Antelope (1825)
Charles River Bridge v. Warren Bridge (1837)
The Amistad (1841)
Prigg v. Pennsylvania (1842)
Section III"Justly and Lawfully Be Reduced to Slavery"155
Chapter 13"A Small, Pleasant-Looking Negro": The background of the Dred Scott case and the legal rights of blacks157
Dred Scott v. Sandford (1857)
Chapter 14"Beings of an Inferior Order": The Court decides that blacks are not citizens and have no legal rights168
Dred Scott v. Sandford, cont. (1857)
Chapter 15"Another Explosion Will Soon Come": Reaction to the Dred Scott decision; the Lincoln-Douglas debates and the Civil War179
Ex Parte Milligan (1866)
Chapter 16"A Higher Law Than the Constitution": Congress adopts and the states ratify the Civil War amendments190
Slaughterhouse Cases (1873)
United States v. Cruickshank (1876)
Chapter 17"An Evil Eye and an Unequal Hand": The Civil Rights Act of 1875; the disputed presidential election of 1876206
Civil Rights Cases (1883)
Yick Wo v. Hopkins (1886)
Chapter 18"Our Constitution Is Color-Blind": The Court confronts the Jim Crow system of racial segregation221
Plessy v. Ferguson (1895)
Section IV"Liberty in a Social Organization"233
Chapter 19"The Spectre of Socialism": The laissez-faire Constitution and the challenge of socialism and populism235
Munn v. Illinois (1877)
Mugler v. Kansas (1877)
Chicago, Milwaukee & St. Paul Railway v. Minnesota (1890)
United States v. E. C. Knight Co. (1895)
Pollock v. Farmers' Loan Co. (1895)
In re Debs (1895)
Chapter 20"The Work Was Light and Healthful": The rights of workers and regulation of the workplace248
Allgeyer v. Louisiana (1897)
Holden v. Hardy (1898)
Lochner v. New York (1905)
Muller v. Oregon (1908)
Adkins v. Childrens Hospital (1923)
Chapter 21"Falsely Shouting Fire in a Theatre": World War I, the Sedition Act, and free speech rights265
Schenck v. United States (1919)
Debs v. United States (1919)
Abrams v. United States (1919)
Chapter 22"Every Idea Is an Incitement": The Court reacts to the Red Scare that followed the war282
Gitlow v. New York (1925)
Whitney v. California (1927)
De Jonge v. Oregon (1937)
Herndon v. Lowry (1937)
Chapter 23"The General Welfare of the United States": The Great Depression, Franklin Roosevelt, and the New Deal in court294
Home Building & Loan Assn. v. Blaisdell (1934)
Nebbia v. New York (1934)
Schechter Poultry Corp. v. United States (1935)
United States v. Butler (1936)
Chapter 24"To Save the Constitution from the Court": Roosevelt's court-packing plan and the Constitutional Revolution of 1937307
Carter v. Carter Coal Co. (1936)
Morehead v. Tipaldo (1936)
West Coast Hotel v. Parrish (1937)
Chapter 25"Hughes Thundered Out the Decision": The demise of the laissez-faire Constitution; Roosevelt packs the Court with New Dealers318
NLRB v. Jones & Laughlin Steel Co. (1937)
Section V"Beyond the Reach of Majorities"331
Chapter 26"We Live by Symbols": Footnote Four and the Jehovah's Witnesses cases333
United States v. Carolene Products Co. (1938)
Minersville School Board v. Gobitis (1940)
West Virginia Board of Education v. Barnette (1943)
Chapter 27"A Jap's a Jap": The wartime internment of Japanese Americans and the redress movement348
Hirabayashi v. United States (1943)
Korematsu v. United States (1944)
Ex parte Endo (1944)
Chapter 28"My Little Soul Is Overjoyed": The NAACP campaign against segregation; the Communist Party in the courts365
Gaines v. Canada (1938)
Sipuel v. Oklahoma Board of Regents (1948)
Shelley v. Kraemer (1948)
Sweatt v. Painter (1950)
McLaurin v. Oklahoma (1950)
Dennis v. United States (1951)
Chapter 29"Give Me the Colored Doll": The school segregation cases383
Brown v. Board of Education (1954)
Chapter 30"War on the Constitution": The Brown decisions and the Little Rock insurrection against judicial authority395
Brown v. Board of Education, cont. (1954)
Cooper v. Aaron (1958)
Chapter 31"A Better Place Because He Lived": The Warren Court and the Bill of Rights409
Everson v. Board of Education (1947)
McCollum v. Illinois (1948)
Engel v. Vitale (1962)
Abington Township v. Schempp (1963)
Lee v. Weisman (1992)
Reynolds v. Sims (1964)
Heart of Atlanta Motel v. United States (1964)
Miranda v. Arizona (1966)
United States v. O'Brien (1968)
Tinker v. Des Moines (1969)
New York Times v. Sullivan (1964)
Section VI"A Right of Personal Privacy"421
Chapter 32"You've Been Taking Pure Thalidomide": The Court deals with procreation423
Skinner v. Oklahoma (1942)
Griswold v. Connecticut (1965)
Chapter 33"The Raw Edges of Human Existence": The issue of abortion436
Roe v. Wade (1973)
Chapter 34"Truly a Pandora's Box": Affirmative action and gay rights450
Regents v. Bakke (1978)
Bowers v. Hardwick (1986)
Chapter 35"I Fear for the Future": The Court divides over abortion, flag burning, and affirmative action464
Webster v. Reproductive Health Services (1989)
Texas v. Johnson (1989)
Richmond v. J. A. Croson Co. (1989)
Planned Parenthood v. Casey (1992)
Epilogue: "How to Treat Other People"481
United States Constitution485
The Justices of the Supreme Court502
Notes507
Sources for Further Reading526
Index531

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