The Supreme Court in United States History, Vol. 2: 1821-1855

by Charles Warren

A term-by-term exposition of the Court and its major decisions are explored as factors in the course of history.

Genres: History, Nonfiction

576 pages, Paperback

First published January 1, 1926

About the author

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Reviews

[Dave Carroll · Rating 4 out of 5]

Comprehensive if apologetic of slavery

In this second volume of #thesupremecourtinunitedstateshistory , legal scholar #charleswarren details the actions and members of the #supremecourt after the era of #chiefjusticejohnmarshall and through the #dredscottdecision. Having established the Court as a truly co-equal branch of government, Marshall began a process of Court reform that transitioned the Court from an unstable and undesirable circuit riding court with low pay, great hardship and much too much responsibility to retain mature legal scholars to an august body. Though still tasked with riding the circuit, improved transportation technology made travel more bearable and the Supreme Court, when fully convened in Washington, a spectacle for attorneys and the public alike. During this era, the likes of Daniel Webster and Henry Clay, gifted orators of Congress, also took up the significant court cases of the day to argue for huge dollars and audience acclaim. Warren details the role that the Court had now assumed through Marshall the role that the Supreme Court played in constitutional review of both Congress and the Executive from 1821-1855. These cases were critical as the country continued its westward and Southern expansion including International and Constitutional Law, Judiciary Review, the Steamboat Monopoly Case and the evolution of the Court from dominance by the Northern Federalists under John Marshall to a Supermajority of Southern Democratic Slave Owners under John Taney. These important cases, particularly those of the pro-slavery decisions of the 1850's demonstrated how the Court had evolved to represent the interests of a wealthy minority rather than the masses of the citizenry struggling for rights, liberty and opportunity as they ventured deeper into America's most remote reaches as a means of bettering their lives, be that from the urban confines of the tyrannies abroad. Their failure to see the Constitution as an evolutionary guideline rather than a revolutionary dictum aggravated the disdain for the power of the landed elite that led to the rise of a new and young Republican Party with the disintegration of the Whigs.

While admirable for his detailed review of significant court cases. Charles Warren's racial and political bias shines through having been instrumental in promoting anti-immigration legislation, particularly Southern and Eastern Europeans whom he considered as racially inferior, opposition to women's suffrage, bimetallism, protectionism and imperialism. His work on behalf of Woodrow Wilson's campaign and rise Assistant Attorney General during the Wilson Administration elevated his legal standing to the role of Special Master of the Supreme Court hints at his Court apologism.

Volume III covers 1856-1918. Despite my misgivings as to his obvious biases, the volumes are well written and, in light of the politics of its award, a suitable recipient of the 1923 #pulitzerprizeforhistory .

[William Whalen · Rating 3 out of 5]

This good book was marred by one technical problem. There are frequently paragraphs that are 4 bloody pages long. I hate stopping in the middle of a paragraph to do something. The only worse offender I can think of is Charle Dickens with sentences that were 4-pages long.