The American Supreme Court

by Robert G. McCloskey, Sanford Levinson

First published more than forty years ago, Robert G. McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. In this fourth edition, Sanford Levinson extends McCloskey's magisterial treatment to address the Court's most recent decisions, including its controversial ruling in Bush v. Gore and its expansion of sexual privacy in Lawrence v. Texas . The book's chronology of important Supreme Court decisions and itsannotated bibliographical essay have also been updated.

As in previous editions, McCloskey's original text remains unchanged. He argues that the Court's strength has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. Levinson's two new chapters show how McCloskey's approach continues to illuminate recent developments, such as the Court's seeming return to its pre-1937 role as "umpire" of the federal system. It is in Bush v. Gore , however, where the implications of McCloskey's interpretation stand out most clearly.

The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to its past, present, and future prospects of this institution.

Genres: Law, History, Nonfiction, Politics, American History, American, College

344 pages, Paperback

First published January 1, 1960

About the author

Robert Green McCloskey was an American political historian who taught at Harvard University from 1948 until his death.

Reviews

[Cherif Jazra · Rating 4 out of 5]

An intelligently written history of the Supreme Court power of judicial review without the legal technical lingo. Mccloskey wrote the book in 1960; thus the history ends with the 50s. He divides this history in 3 periods, the first from 1789 till 1867 where SC learns to establish itself and deals with nation-state relationship. From 1867 to 1937, after the civil war ends, the court focuses on economic issues dealing with the extant of regulation, showing an obvious bias for business and laissez faire policy. By 1937, it has pushed too far against the economic realities of the Great Depression and had to give in to the new deal acts or face Roosevelt plan of packing the court with new judges. From then on, having accepted the necessity of state regulation of the economy, the court shift to civil rights cases, deals with free speech particularly in the period of subversion of the communist threat by McCarthyism and slowly opens the ways to desegregation with racial discrimination cases facing black electorate and access to college by law student. The 1954 brown vs board of education was a momentous decision but according to the author subject to criticism in its choice of argument. Mccloskey weaves through this rich history the various constitutional clauses used and their continual reinterpretation, such as the commerce clause or the due process clause. He often gives his own opinion on what justices thought and whether they made good decisions or not, in some case without providing deeper primary sources on why so. His admiration for the first great chief justice Marshall is clear, as well as for justice Holmes who helped write many dissenting pieces against the laissez faire economic mindset of the gilded age era. As the 60s were dawning, Mccloskey reflected on what should be the role of the Supreme Court, and in what circumstances it should intervene. His hopeful conclusion rests on the fact that this great institution has gone through immense challenges like the civil war and forces of economic interests and was always able to give positive feedback to the legislative body when it ruled from the margins and developed its doctrine step by step rather than attempt to solve hot button issues like Dredd Scott on its own. A great read as a preparation to my Constitutional Law class this fall!

[Kyle · Rating 3 out of 5]

Somehow we picked it for our book club. Didn’t realize it was a textbook, but too late! The first chapters are interesting and written well, though it required a lot of energy to read and process. Also required some lookups on the technical terms.

Decent enough text book, would not read for fun.

[B · Rating 4 out of 5]

McCloskey explains how the American Supreme Court (the equivalent of Turkey's Constitutional Court) has gradually grown in power since the abstract definition of the constitution, reaching a position of equal importance to the other two political institutions (the office of the president and parliament).

Other topics the author touches upon include: the problems the Supreme Court faced in the years immediately following its establishment, centred on federal/state conflicts, which were, in a sense, a matter of life and death for the new institution; then, in the post-Civil War years, the Supreme Court's shift in focus to legal cases concerning the extent to which the state should manage the economy; and later, in the 1930s, the Supreme Court's near extinction due to Roosevelt's ‘court-packing’ plan.

Although written in the late 1950s, McCloskey correctly predicted that civil rights would be the Supreme Court's most pressing issue in the near future. In this short book, the author manages to examine the institution's history and the important cases it has herd (with their reasons and motivations) in broad strokes but as analytically as possible.

I found this book interesting because I became interested in the subject due to a course I took this semester.

[Becky · Rating 4 out of 5]

I really enjoyed this book, I learned a ton about the judicial branch. I found McClosky’s main thesis, that the Supreme Court grew in three distinct phases, each learning to focus on specific issues and ways that the State, Nation, and individual relate to one another, fascinating. I do wish he had spent a little more time in explaining the background or details of the cases he chose, because I had to do some side research to get the full force at times. All in all, it was an easy, quick read that brought really interesting questions up, things I had never thought about, and that I liked pondering.

[Richard · Rating 4 out of 5]

This book is a fantastic view of the history of the Supreme Court. McCloskey's writing makes what could, and usually is, a very boring subject into a page-turner. Personally I think that this is a subject that people should be really interested in; the impact of the decisions of the Supreme Court have done as much or more to shape this country than anything done by Congress or the President. McCloskey makes sure to let you know that. The only reason this isn't a five star book is because the sections written by McCloskey end two-thirds through the book. The rest is written by Levinson, the editor of the book, and he does not due McCloskey's work justice at all. What is written by McCloskey makes the book worth buying.

[Steven Peterson · Rating 4 out of 5]

Judicial review is the power of a court to declare an act by the legislative or executive branches as unconstitutional. This is a great power, and the United State Supreme Court has exercised that authority over time.

Robert McCloskey notes the aim of this brief work (Page ix): "This book deals with the work of the Supreme Court of the United States as a constitutional tribunal, exercising the power of judicial review."

The book explores the origins of judicial review and the historical development of the doctrine in the United States--from the Marshall Court to the Taney Court to the Gilded Age to the 20th century.

A nice introduction to the subject, although this edition is now 50 years old.

[Shawn Liu · Rating 3 out of 5]

I have to be honest, I don't find constitutional law that fascinating or that intrinsically worthwhile to study or read about. But it is important and some working knowledge in it is a requisite for being a lawyer. This book tells the story of a court as a historical institution, which was perfect for my purposes because it went through all the large landmark cases, gave some background and then really didn't talk about the legal reasoning. So it ended up being a nice survey for this embarrassment of a law student who has still never taken a constitutional law class. It is a fairly undemanding but at the same time informative book.

[Don · Rating 3 out of 5]

Read for school. Interesting take on the three major eras of Supreme Court history. I like Rosenberg's "Hollow Hope" better as a thematically more believable thesis, but McCloskey does a nice job of helping to understand the history of the Court.

[Deb · Rating 2 out of 5]

Not to be read as an introduction to Constitutional Law. Perhaps a scholar or curious student would like it, but not your typical law student.

[Charles · Rating 4 out of 5]

The original part by McCloskey is fantastic. The newer stuff from Levinson goes off the rails a bit.

[Georgette · Rating 3 out of 5]

Scholarly look at the Supreme Court thru the years.