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The Supreme Court
Fifteen years after he became the first sitting Chief Justice to write a book about the United States Supreme Court, William H. Rehnquist has added new chapters and substantially revised his classic work.
The Supreme Court begins with the personal story of William Rehnquist's introduction to the Court as a law clerk to Justice Robert Jackson in 1952. From there it describes the Court's early evolution and function in our small, young democracy. Finally, it explains how the Court operates today.
Using biographical sketches of successive chief justices and associate justices and describing landmark cases, Rehnquist shows us how, as our country has grown and our politics have changed, the Court has moved in tandem with the executive and legislative branches to become the diverse and complex body we see in the present. The dramatic case of Marbury v. Madison, in which the Court first established its authority to declare an act of Congress unconstitutional, and the ill-starred Dred Scott decision, which held that Congress might not exclude slavery from a territory–a decision that touched a raw nerve in the national consciousness–are two of the disputes described in detail.
In his intriguing analysis of the growth of our railroad system–which quickly spanned the nation, causing small towns to mortgage their futures for the right to a rail line–Rehnquist shows how first states and cities, and then the national government, sought to regulate this new in-dustry, and how the constitutional questions raised by those regulations were resolved by the Supreme Court. He also treats in detail the relationship between the executive and judicial branches–and the sort of friction between them that culminated in President Franklin D. Roosevelt's Court-packing plan. Finally, the Chief Justice explains how the Supreme Court must necessarily limit itself to deciding cases that have a general public importance be-yond the concerns of the individual litigants.
The Supreme Court takes us into the Court's conference room and the justices' chambers, providing an instructive view of the operation of the Court on a day-to-day basis. We see the role played by the law clerks, and how the 4,000-odd petitions for certiorari each year are sifted in order to produce the approximately 100 cases the Court hears and decides on their merits. With grace and wit, Rehnquist describes both the least and the most effective methods of oral argument, what happens at the conferences of the justices, how decisions are reached, and how the majority and minority opinions are assigned and circulated.
This is a unique and valuable book, lucid, informative, and a delight to read. It stands as an important work on the operation and history of our highest Court.
The Supreme Court begins with the personal story of William Rehnquist's introduction to the Court as a law clerk to Justice Robert Jackson in 1952. From there it describes the Court's early evolution and function in our small, young democracy. Finally, it explains how the Court operates today.
Using biographical sketches of successive chief justices and associate justices and describing landmark cases, Rehnquist shows us how, as our country has grown and our politics have changed, the Court has moved in tandem with the executive and legislative branches to become the diverse and complex body we see in the present. The dramatic case of Marbury v. Madison, in which the Court first established its authority to declare an act of Congress unconstitutional, and the ill-starred Dred Scott decision, which held that Congress might not exclude slavery from a territory–a decision that touched a raw nerve in the national consciousness–are two of the disputes described in detail.
In his intriguing analysis of the growth of our railroad system–which quickly spanned the nation, causing small towns to mortgage their futures for the right to a rail line–Rehnquist shows how first states and cities, and then the national government, sought to regulate this new in-dustry, and how the constitutional questions raised by those regulations were resolved by the Supreme Court. He also treats in detail the relationship between the executive and judicial branches–and the sort of friction between them that culminated in President Franklin D. Roosevelt's Court-packing plan. Finally, the Chief Justice explains how the Supreme Court must necessarily limit itself to deciding cases that have a general public importance be-yond the concerns of the individual litigants.
The Supreme Court takes us into the Court's conference room and the justices' chambers, providing an instructive view of the operation of the Court on a day-to-day basis. We see the role played by the law clerks, and how the 4,000-odd petitions for certiorari each year are sifted in order to produce the approximately 100 cases the Court hears and decides on their merits. With grace and wit, Rehnquist describes both the least and the most effective methods of oral argument, what happens at the conferences of the justices, how decisions are reached, and how the majority and minority opinions are assigned and circulated.
This is a unique and valuable book, lucid, informative, and a delight to read. It stands as an important work on the operation and history of our highest Court.
320 pages, Hardcover
First published September 1, 1987
100 people are currently reading
1244 people want to read
About the author
William H. Rehnquist
20 books8 followersWilliam Hubbs Rehnquist was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. Considered a conservative, Rehnquist favored a federalism under which the states meaningfully exercised governmental power. Under this view of federalism, the Supreme Court of the United States, for the first time since the 1930s, struck down an Act of Congress as exceeding federal power under the Commerce Clause.
Rehnquist presided as Chief Justice for nearly 19 years, making him the fourth-longest-serving Chief Justice after John Marshall, Roger Taney, and Melville Fuller, and the longest-serving Chief Justice who had previously served as an Associate Justice. The last 11 years of Rehnquist's term as Chief Justice (1994–2005) marked the second-longest tenure of one roster of the Supreme Court.
Rehnquist presided as Chief Justice for nearly 19 years, making him the fourth-longest-serving Chief Justice after John Marshall, Roger Taney, and Melville Fuller, and the longest-serving Chief Justice who had previously served as an Associate Justice. The last 11 years of Rehnquist's term as Chief Justice (1994–2005) marked the second-longest tenure of one roster of the Supreme Court.
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Displaying 1 - 30 of 85 reviews
January 28, 2018
This book was first published in 1987. William H. Rehnquist (1924-2005) was born in Wisconsin and graduated from Stanford University and Stanford Law School. His Stanford Law School classmate was Sandra Day O’Connor. This was the first book ever published by a sitting Chief Justice on the inner workings of the U. S. Supreme Court.
I most enjoyed the parts of the book where Rehnquist discussed his personal experiences, for example, when he described his first day as a law clerk to Justice Robert Jackson. In the last part of the book he provided some insights on what it was like to sit on the Supreme Court. Much of the book is about the history of the Court and some of the key landmark cases. I found the cases about the railroads of particular interest. It always amazes me how ruthless the railroads were at their zenith.
The book is well written. Rehnquist was a conservative justice, but he did a good job in keeping the book neutral. I was surprised at how well Rehnquist wrote and kept the book interesting. I have read a number of books about the Supreme Court so was familiar with much of the book. I was more interested in Rehnquist himself. For those unfamiliar with the Supreme Court, this would be a good starting book to acquire an overview of the workings of the court and its history.
I read this as an audiobook downloaded from Audible. The book is almost eleven hours. John Pruden did a good job narrating the book. Pruden is a voice-over artist and a full-time audiobook narrator. I am looking forward to listening to more book narrated by Pruden.
I most enjoyed the parts of the book where Rehnquist discussed his personal experiences, for example, when he described his first day as a law clerk to Justice Robert Jackson. In the last part of the book he provided some insights on what it was like to sit on the Supreme Court. Much of the book is about the history of the Court and some of the key landmark cases. I found the cases about the railroads of particular interest. It always amazes me how ruthless the railroads were at their zenith.
The book is well written. Rehnquist was a conservative justice, but he did a good job in keeping the book neutral. I was surprised at how well Rehnquist wrote and kept the book interesting. I have read a number of books about the Supreme Court so was familiar with much of the book. I was more interested in Rehnquist himself. For those unfamiliar with the Supreme Court, this would be a good starting book to acquire an overview of the workings of the court and its history.
I read this as an audiobook downloaded from Audible. The book is almost eleven hours. John Pruden did a good job narrating the book. Pruden is a voice-over artist and a full-time audiobook narrator. I am looking forward to listening to more book narrated by Pruden.
September 30, 2016
Rehnquist’s history is intended to give “the interested, informed layman … a better understanding of the role of the Supreme Court in American government”. I found this very accessible; it's perhaps slightly legally dense in the middle, but the early historical chapters and the later sections on the practical operation of the court were engaging. This was first published in 1986, then updated in 2001 with editorial assistance from his daughter, whose aim was, he says, “to make me sound less like a lawyer”.
He opens with a personal account of the first time he arrived at the Court in 1952 to be a law clerk for Justice Jackson. He then launches into an overview of the history of the Supreme Court, from Marbury v. Madison in 1803 which established the authority of the federal courts to rule a law unconstitutional; up through the Court of Earl Warren in the 1950’s-60’s: Brown v. Board of Education and Miranda v. Arizona.
Then there are a few chapters describing the operation of the court - how cases are chosen, how they are discussed and voted upon, who sits where in the conference room, etc. I was interested in the role of law clerks, and amused by the concern over the equitable distribution of “interesting” cases among both clerks and Justices, as apparently a great many are “routine and uninteresting”.
There is very little information about individual Justices (or Rehnquist himself). He offers a few biographical details about the most famous, and offers very brief comments on those people he knew personally.
Rehnquist was a conservative Justice, but this book feels politically neutral. He doesn’t give his opinion of historical cases except to join the universal condemnation of such decisions as Dred Scott and Korematsu v. United States (Japanese internment during WWII). The book doesn’t cover any cases from his own time on the Court, and his comments about his personal experience as a Justice are limited to the composition of his chambers and the view out his office window.
He opens with a personal account of the first time he arrived at the Court in 1952 to be a law clerk for Justice Jackson. He then launches into an overview of the history of the Supreme Court, from Marbury v. Madison in 1803 which established the authority of the federal courts to rule a law unconstitutional; up through the Court of Earl Warren in the 1950’s-60’s: Brown v. Board of Education and Miranda v. Arizona.
Then there are a few chapters describing the operation of the court - how cases are chosen, how they are discussed and voted upon, who sits where in the conference room, etc. I was interested in the role of law clerks, and amused by the concern over the equitable distribution of “interesting” cases among both clerks and Justices, as apparently a great many are “routine and uninteresting”.
There is very little information about individual Justices (or Rehnquist himself). He offers a few biographical details about the most famous, and offers very brief comments on those people he knew personally.
Rehnquist was a conservative Justice, but this book feels politically neutral. He doesn’t give his opinion of historical cases except to join the universal condemnation of such decisions as Dred Scott and Korematsu v. United States (Japanese internment during WWII). The book doesn’t cover any cases from his own time on the Court, and his comments about his personal experience as a Justice are limited to the composition of his chambers and the view out his office window.
December 29, 2024
Former Chief Justice delivers a highly skilled treatment of the history of the Supreme Court, using a smooth writing style, and a great sense of a good story. This book may have been designed as a textbook for an entry class on the institution as it delves into much details, with both a human and a historical outlook. Rehnquist is able to weave in 3 different perspectives on the court: the human perspective focuses on the justices and their character, an institutional perspective focuses on the court decisions, the arguments of both the majority opinion and the dissent; and the historical perspective which delves into the political and social background that forms the tapestry over which the Supreme court rulings unfold. We therefore get together with a history of the supreme court a history of the united state, from its early challenges as a fledgling nation, to the civil war, the post-reconstruction acts and the economical boom, the rise of the labor movement as capitalism intensifies and turns into imperialism, the end of the gilded age, the challenges of the Great depression, the 2nd World war and the aftermath of the cold war and civil rights era. The Supreme Court is masterfully portrayed by Rehnquist, not as an abstract institution, but as a very concrete and living one, embodied in the 7, 10, or 9 Justices (depending on the era) which literally “do the work themselves” as Brandeis famously said, though with some help from 3 or 4 new graduate clerks. Chief Justice Rehnquist spends a lot of time portraying the justices that made up the court at different point of time before delving into particular controversy, caring to share with his readers the background of these people and the events that shaped their lives. Many of the chapters are named after the justices for good purpose: They are the one who are making the decisions, who are dissenting, who are arguing amongst each on what to hold the opinion of the court on. Chief Justices Marshall and Taney oversee the court from 1800 to 1864, where issues of the court establishment, the major initial interpretations of the court with regards to jurisdiction, commerce, and the general state vs nation rights are upheld. Justice Miller and Field are the main actors of the later part of the century, writing opinions on post civil war issues such as military trials and the rising economical and industrial development, such as the explosion of the railway industry, the steel, tobacco, sugar trust and the general expansion of commerce to the west and the rest of the world. The options of the court in the first part of the 20th century focuses on the negative consequences of this accelerating growth, primarily rights of workers for proper working conditions, just compensation, and reasonable hours of labors, with justices Brandeis and Holmes dissenting against a majority opinion reflecting the general economic outlook of laissez-faire and social darwinism. As the great depression erupts and Roosevelt takes over, the government faces rebuttal by the court which leads to a head-off know as the court-packing plan, threatening to strip the court from its independence. 1937 is a turning point for the prevailing ideological position of the supreme court justice with regards to state and government legislation knows as the new deal, and the confrontation was effectively won by Roosevelt without his plan passing. Eight new judge appointments would eventually be made by Roosevelt (the largest made, considering his 12 year rule as president), who though in agreement with regards to state intervention in economic matters, will hold quite different views with regards the new challenges of communism and the cold war, then dominated by civil rights cases, freedom of speech, and racial equality. The historic part of the book ends with Rehnquist witnessing, as a clerk to Justice Jackson on the Supreme court, the Steel Seizure cases mandated by President Truman to ensure continuous supply during the Korean war in 1952. Three other chapters conclude the book with descriptions about how the court accepts cases, how they are argued, and how opinions are eventually reached. Lucid and insightful accounts of Rehnquist’s own methodology is recounted, such as his strategy to keeping the dockets down or his preference for conducting the conferences during which justice’s final opinions are recorded. Overall, this is a great book on the Supreme Court, where each chapter deals with momentous topics that could have been each separately developed in a book, clearly and succinctly treated here with sharp focus on the important aspects at play. Highly Recommended overall!
November 21, 2014
As an introduction to the history of the Supreme Court, Justice Rehnquist's book was just what I was looking for. Not only does he give a good explanation of the personalities and issues through the ages, he also explains the experience of being a clerk on the court.
Rehnquist begins by telling the story of how he came to be a clerk for Justice Jackson in the early 1950s. He then goes back and explains the origins of the court in the 19th century. From 1800 until the Civil War, only two men were chief Justice, John Marshall and Roger Taney. Rehnquist explains why both of these men were important and how they shaped the court for generations to come.
Rehnquist then explains that the next 100 years were without an important chief justice, but many significant associate justices. This period begins with cases like Plessy v. Ferguson and ends with Brown versus the Board of Education. Rehnquist does a good job of explaining the politics behind FDR's court packing plan in the 1930s, and the Steel Case that came before the court when he was a clerk in the early 1950s.
The book ends with how the process of deciding cases happens on the Supreme Court, and how Rehnquist's experience was different as an associate justice before he became the chief.
The book works as an excellent history and an insider's view to how the court operates. It's not an in-depth book, but I don't know a single volume could accomplish that. I was very happy with what I learned in 300 pages.
Rehnquist begins by telling the story of how he came to be a clerk for Justice Jackson in the early 1950s. He then goes back and explains the origins of the court in the 19th century. From 1800 until the Civil War, only two men were chief Justice, John Marshall and Roger Taney. Rehnquist explains why both of these men were important and how they shaped the court for generations to come.
Rehnquist then explains that the next 100 years were without an important chief justice, but many significant associate justices. This period begins with cases like Plessy v. Ferguson and ends with Brown versus the Board of Education. Rehnquist does a good job of explaining the politics behind FDR's court packing plan in the 1930s, and the Steel Case that came before the court when he was a clerk in the early 1950s.
The book ends with how the process of deciding cases happens on the Supreme Court, and how Rehnquist's experience was different as an associate justice before he became the chief.
The book works as an excellent history and an insider's view to how the court operates. It's not an in-depth book, but I don't know a single volume could accomplish that. I was very happy with what I learned in 300 pages.
January 29, 2008
This was an enthralling book written by the late Chief Justice of the United States, William H. Rehnquist. First I must state he is a first rate author with an exceptional ability to make something interesting that would otherwise be rather boring. There are sections where he talks about the Justices and their appointments where another author may have put a list, but the description of each with clarity of their character allows those parts to become more engaging. How the Supreme Court has shaped our country and the subtle changes over the years from the Marshall Court are very interesting with specifics of how each member of the court over the years has influenced the decisions. I found the chapters at the end concerning the inner workings of the court to be the most interesting of all. I would recommend this book highly.
October 27, 2022
I recommend this volume for a quick but thorough introduction to the history of the Supreme Court. Chief Justice Rehnquist has skillfully woven the Court’s history into the country’s political, economic and social history as well as his own professional experiences. Rehnquist begins with his term as a clerk for Justice Robert H. Jackson. The chapters then follow significant cases and eras, usually identified with the sitting Chief Justice. Prominent cases examined are “Marbury v. Madison”, Justice John Marshall’s opinion establishing the Court’s authority to determine the constitutionality of act of Congress and the Steel Seizure cases arising out of President Truman’s ordered seizure of steel mills amidst a labor dispute during the Korean War. The justices who gave their names to their times are John Marshall (1801-1835), Roger B. Taney (1836-1864), the pair of Samuel Miller (1862-1890) and Stephen Field (1863-1897), the trio of Rufus Peckham (1896-1909), Oliver Wendell Holmes (1902-1932) and Louis Brandeis (1916-1939) and Earl Warren (1953-1969).
Two chapters are devoted to the New Deal, one on the series of cases its legislation spawned and the other Franklin Roosevelt’s plan to pack the Court to overcome the impediments it had placed in the way of his programs. The Court packing plan is illustrative to any who would seek to alter the structure of the court and a turning point in FDR’s political influence.
In the latter portion of this tome, Rehnquist studies patterns of presidential appointments to the Court, the process of certiorari, how the Court chooses the cases it will decide, and how the Court does its work, both in oral argument and deciding cases and concludes with a look at the Court at the inception of its third century.
Chief Justice Rehnquist has crafted an interesting and informative introduction to the Court’s history and operations. I find this volume set apart by Rehnquist’s personal perspective. From his time as a clerk, Associate and Chief Justice he acquired a breadth appreciation for the inner workings of the Court through both personal observation and lore handed down and shared. His accounts of the characteristics of individual justices are beyond the scope of documentary research available to other authors. This is a great starting point for any student of the Supreme Court.
Two chapters are devoted to the New Deal, one on the series of cases its legislation spawned and the other Franklin Roosevelt’s plan to pack the Court to overcome the impediments it had placed in the way of his programs. The Court packing plan is illustrative to any who would seek to alter the structure of the court and a turning point in FDR’s political influence.
In the latter portion of this tome, Rehnquist studies patterns of presidential appointments to the Court, the process of certiorari, how the Court chooses the cases it will decide, and how the Court does its work, both in oral argument and deciding cases and concludes with a look at the Court at the inception of its third century.
Chief Justice Rehnquist has crafted an interesting and informative introduction to the Court’s history and operations. I find this volume set apart by Rehnquist’s personal perspective. From his time as a clerk, Associate and Chief Justice he acquired a breadth appreciation for the inner workings of the Court through both personal observation and lore handed down and shared. His accounts of the characteristics of individual justices are beyond the scope of documentary research available to other authors. This is a great starting point for any student of the Supreme Court.
September 24, 2018
This book is for people with a particular interest in the Supreme Court and its history. For others it will be a slog, but they can get the key points in the last three chapters.
The problem with this book is the authors’s frequent interruptions of the narrative with short bios of former justices. This produced a choppy flow which I found irritating.
There is not much discussion of key Court cases.
Bottom line: I think Rehnquist is paying homage to his fellow justices here and that’s fine. He covers some basic functionality of the Court which is illuminating and in the end deserves my 3star rating.
The problem with this book is the authors’s frequent interruptions of the narrative with short bios of former justices. This produced a choppy flow which I found irritating.
There is not much discussion of key Court cases.
Bottom line: I think Rehnquist is paying homage to his fellow justices here and that’s fine. He covers some basic functionality of the Court which is illuminating and in the end deserves my 3star rating.
April 12, 2022
Okay read.
December 2, 2013
Zach Martin
12/2/13
William H. Rehnquist: The Supreme Court
Digging deep into the history of the judicial branch of the U.S. government, Rehnquist, a Chief Justice of the Supreme Court, goes into detail of different cases that the Supreme Court has reviewed since the creation of the government. Along with these details of cases, Rehnquist also covers the different Chief Justices that have resided over the history of the Supreme Court, and the controversial cases that they have made decisions on. From the cases reviewed by the Marshal Court, to cases reviewed by more modern courts, Rehnquist does his best to paint a picture of how the Supreme Court has worked in the past, and how it works now. Along with different cases reviewed by different Chief Justices, Rehnquist also describes how the inner-parts of the court work (such as how justices are appointed, how they vote on certain cases…etc.). On top of the latter, Rehnquist also works into his writing where the Supreme Court has been housed since it was first founded (there was not always a Supreme Court Building!). Rehnquist brilliantly writes this history from the third person point of view, and, according to an Austin American Statesman, puts the words in “laymen[s]” terms, so it is easy to comprehend.
A major strength that is evident when reading this book is how detailed/precise each chapter is written out. Whenever there was a reference to something outside of the book (such as an article of the Constitution), Rehnquist did his best to go off on a tangent that would let the reader know what it is he is referencing to, and would swiftly bring the reader back to his main point. An example would be when Rehnquist was writing about an issue in the Taney Court that had to do with habeas corpus, and had to reference to the Constitution. “Lincoln directed General Winfield Scott to suspend the writ of habeas corpus …Article I of the Constitution, dealing with the powers of Congress, provided that the writ of habeas corpus should not be suspended…A writ of habeas corpus mandates that…” (Rehnquist 66). Rehnquist, in his writing of Lincoln and habeas corpus, referenced to the constitution and began to describe what habeas corpus was to the reader so that he or she will better understand the issue that was written about. A weakness that was evident was how lengthy the chapters became because of the many tangents Rehnquist went on. This made the book a very difficult read, and it made it seem as if it was taking long amounts of time just to get through one chapter.
Those who have an interest in history or government would be the ones to enjoy this book the most. I do not recommend this book to anyone who may not usually read informational books, as it is a long read, and there is not much drama in the storyline. Because it is in laymen’s terms, it is easy to understand what is being read. The Supreme Court is very similar to Miracle at Philadelphia, in that it goes over certain parts of history in detail from a third person point of view.
12/2/13
William H. Rehnquist: The Supreme Court
Digging deep into the history of the judicial branch of the U.S. government, Rehnquist, a Chief Justice of the Supreme Court, goes into detail of different cases that the Supreme Court has reviewed since the creation of the government. Along with these details of cases, Rehnquist also covers the different Chief Justices that have resided over the history of the Supreme Court, and the controversial cases that they have made decisions on. From the cases reviewed by the Marshal Court, to cases reviewed by more modern courts, Rehnquist does his best to paint a picture of how the Supreme Court has worked in the past, and how it works now. Along with different cases reviewed by different Chief Justices, Rehnquist also describes how the inner-parts of the court work (such as how justices are appointed, how they vote on certain cases…etc.). On top of the latter, Rehnquist also works into his writing where the Supreme Court has been housed since it was first founded (there was not always a Supreme Court Building!). Rehnquist brilliantly writes this history from the third person point of view, and, according to an Austin American Statesman, puts the words in “laymen[s]” terms, so it is easy to comprehend.
A major strength that is evident when reading this book is how detailed/precise each chapter is written out. Whenever there was a reference to something outside of the book (such as an article of the Constitution), Rehnquist did his best to go off on a tangent that would let the reader know what it is he is referencing to, and would swiftly bring the reader back to his main point. An example would be when Rehnquist was writing about an issue in the Taney Court that had to do with habeas corpus, and had to reference to the Constitution. “Lincoln directed General Winfield Scott to suspend the writ of habeas corpus …Article I of the Constitution, dealing with the powers of Congress, provided that the writ of habeas corpus should not be suspended…A writ of habeas corpus mandates that…” (Rehnquist 66). Rehnquist, in his writing of Lincoln and habeas corpus, referenced to the constitution and began to describe what habeas corpus was to the reader so that he or she will better understand the issue that was written about. A weakness that was evident was how lengthy the chapters became because of the many tangents Rehnquist went on. This made the book a very difficult read, and it made it seem as if it was taking long amounts of time just to get through one chapter.
Those who have an interest in history or government would be the ones to enjoy this book the most. I do not recommend this book to anyone who may not usually read informational books, as it is a long read, and there is not much drama in the storyline. Because it is in laymen’s terms, it is easy to understand what is being read. The Supreme Court is very similar to Miracle at Philadelphia, in that it goes over certain parts of history in detail from a third person point of view.
August 12, 2016
I have to give this book by William Rehnquist 5 stars in spite of the fact that I do not agree with his reasoning on many of the important cases decided during his time as SCOTUS Associate Justice (1972-1986) and later as Chief Justice of the United States (1986-2005). His personal doctrine was based on announcing and promulgating "New Federalism" and emphasizing an outmoded view of the 10th Amendment. In my opinion both of these doctrines should be considered superseded by the 14th Amendment -both in the Amendment's original intent and the way provisions found within the 14th have been utilized to expand Civil Liberties during the last 50 years.
Having said this, Rehnquist writes in a surprisingly delightful manner. This book is geared toward those , like me, that may not be experts in matters of constitutional law. His purpose in writing this book, as stated by the author, is in upholding the legitimacy and integrity of the Supreme Court as it enters its third century as a co-equal branch of government.
The first chapter is called "A Law Clerk Comes to Washington" and it describes his time as a law clerk working for Assoc Justice Robert H. Jackson during the final months of the Vinson Court. Reading this chapter you can not help but think of the movie "Mr. Smith goes to Washington". The rest of the book is organized in chronological order starting with Marbury v Madison and going through the Warren Court. These chapters are peppered throughout with some of the seminal cases and their implications. Rehnquist arrived in Washington a few months before the Steel Seizure Cases (involving the extent of presidential powers during war time)were fast tracked to the Supreme Court in 1952 and he uses his position as a clerk to Justice Jackson to give an insiders view of the preceding. These two middle chapters on the Steel Seizure cases are the best part of this book.
Most important to legal scholars is the last third of this book which describes what goes on in Conference as the Justices are deliberating among themselves within the walls of the U.S.Supreme Court Building.
This is not my favorite book dealing with constitutional history and Rehnquist is far from being my all time favorite Supreme Court Justice but there is really not much to criticize about this book. I am really surprised I enjoyed this book as much as I did. Rehnquist does not push his personal views on the reader and I really feel this book is intended to educate and raise the prestige of this often maligned branch of government.
Having said this, Rehnquist writes in a surprisingly delightful manner. This book is geared toward those , like me, that may not be experts in matters of constitutional law. His purpose in writing this book, as stated by the author, is in upholding the legitimacy and integrity of the Supreme Court as it enters its third century as a co-equal branch of government.
The first chapter is called "A Law Clerk Comes to Washington" and it describes his time as a law clerk working for Assoc Justice Robert H. Jackson during the final months of the Vinson Court. Reading this chapter you can not help but think of the movie "Mr. Smith goes to Washington". The rest of the book is organized in chronological order starting with Marbury v Madison and going through the Warren Court. These chapters are peppered throughout with some of the seminal cases and their implications. Rehnquist arrived in Washington a few months before the Steel Seizure Cases (involving the extent of presidential powers during war time)were fast tracked to the Supreme Court in 1952 and he uses his position as a clerk to Justice Jackson to give an insiders view of the preceding. These two middle chapters on the Steel Seizure cases are the best part of this book.
Most important to legal scholars is the last third of this book which describes what goes on in Conference as the Justices are deliberating among themselves within the walls of the U.S.Supreme Court Building.
This is not my favorite book dealing with constitutional history and Rehnquist is far from being my all time favorite Supreme Court Justice but there is really not much to criticize about this book. I am really surprised I enjoyed this book as much as I did. Rehnquist does not push his personal views on the reader and I really feel this book is intended to educate and raise the prestige of this often maligned branch of government.
March 2, 2013
I'll just say this...in view of the decisions of The Roberts Court...this book nears levels of hilarity when you read what Rehnquist considers "judicial activism". I finished this last Wednesday, the day that the Court heard oral arguments in the Shelby v. Holder case regarding Section 5 of The 1965 Voting Rights Act...with Roberts and Scalia's outright hostility to the respondents and defenders of the Act, most notably exemplified by Justice Scalia's contention the protection of voting rights for minority citizens was somehow a "racial entitlement". This Court is considering gutting this Act...in the face of the fact that the vote to extend the Act was passed by a 98-0 vote in the senate!! Rehnquist (and Roberts and Scalia and Alito and Thomas) have always proposed that the Court should always let the Congress and the citizenry decide issues for themselves with an appeal to the Court as only a last resort. To overturn an Act that had near unanimous support in the Congress is not only "judicial activism" but a most radical kind! The jury is still out (pun intended) on Shelby but it is very interesting to read this book in light of present day SCOTUS decisions. The Rehnquist Revolution has indeed succeeded...even beyond, I am sure, what Rehnquist himself ever imagined. The book is enjoyable enough if you are a SCOTUS nut...the best chapter being the one on little known Justices Miller and Field. A must read for SCOTUS aficionados but if you want a history of the Court with a less philosophically biased view...go elsewhere. But as an absurdist comedy...it is brilliant.
June 29, 2015
Pretty good introduction to the US Supreme Court written by former Chief and Associate Justice William Rehnquist. There are many Supreme Court books out there, but I would say for the newbie, this should be the first book you should read regarding the Supreme Court. I tried reading "Dear Brethren" by Bob Woodward but it's not necessarily for the newbie. Should have read this book first, then Gideon's Trumpet, and lastly Dear Brethren.
So, the structure of this book is this: General introduction to the court and legal system, then traces the history of the Supreme Court from the Marshall Era(1800) to Rehnquists Era(1970s). After, Rehnquist goes over the general process for the court, illuminiating an insiders perspective of how the Supreme Court works. Everything from granting Cert, how it is granted, to oral hearings, and lastly opinion writings/decision rendering.
The author goes through the history mostly by stating various trends of the courts. The author organizes it chronologically but has each chapter titled as whoever is chief justice of the court e.g. Marshall Court, Taney Court, Hughes Court and etc. I think the best thing is that Rehnquist kinda gives a little bit of background history for each era of the court. Everything from Eminent Domain, the Civil War, Railroad corporate dominance, the depression, and up to the Korean War & Cold War.
Thus, for the newbie, this is a great book to read to get acquainted with the Court, America, and how our government operates.
So, the structure of this book is this: General introduction to the court and legal system, then traces the history of the Supreme Court from the Marshall Era(1800) to Rehnquists Era(1970s). After, Rehnquist goes over the general process for the court, illuminiating an insiders perspective of how the Supreme Court works. Everything from granting Cert, how it is granted, to oral hearings, and lastly opinion writings/decision rendering.
The author goes through the history mostly by stating various trends of the courts. The author organizes it chronologically but has each chapter titled as whoever is chief justice of the court e.g. Marshall Court, Taney Court, Hughes Court and etc. I think the best thing is that Rehnquist kinda gives a little bit of background history for each era of the court. Everything from Eminent Domain, the Civil War, Railroad corporate dominance, the depression, and up to the Korean War & Cold War.
Thus, for the newbie, this is a great book to read to get acquainted with the Court, America, and how our government operates.
January 15, 2015
The Supreme Court that we know was not what was intended by our Founding Fathers. As a member of that Court, William Rehnquist has a great deal of respect for the institution. However, he understands that this Court could have easily been simply the court of last resort for contract dispute rather than one of three equal branches of our government.
Rehnquist is at his best when he is delving into the early years of the Court; particularly the first 50 years of its existence. He gives much of the credit to John Marshall and a good deal to Joseph Story, two justices who served for a substantial number of years. Here is a typical insight: "But Marshall had more than simply the desire to make the Court the institution he thought the Constitution intended it to be; he also possessed the ability to explain clearly and forcefully why the Court reached the conclusions it did."
Rehnquist wrote the book while he was a Justice on the Court. This may be reason why the latter part of the book comes off more as an apology for what his Court was than the more dispassionate historical perspective that he shows earlier in his analysis.
Rehnquist is at his best when he is delving into the early years of the Court; particularly the first 50 years of its existence. He gives much of the credit to John Marshall and a good deal to Joseph Story, two justices who served for a substantial number of years. Here is a typical insight: "But Marshall had more than simply the desire to make the Court the institution he thought the Constitution intended it to be; he also possessed the ability to explain clearly and forcefully why the Court reached the conclusions it did."
Rehnquist wrote the book while he was a Justice on the Court. This may be reason why the latter part of the book comes off more as an apology for what his Court was than the more dispassionate historical perspective that he shows earlier in his analysis.
September 6, 2016
After a visit to the US Supreme Court and sitting in the courtroom I had the desire to find a book written by one of the Justices about the court and its history. I found that in former Chief Justice Rehnquist's book. While certainly infused with his perspective of pivotal cases, mistakes, triumphs, and history of the high court, I found most interesting his personal stories of being a law clerk.
As expected, there was some dry reading that required some time to digest appropriately but I think that's the nature of a book written by an individual trained to write as a lawyer. Our Supreme Court could have been simply the last resort to settle contract disputes but has become a vital, equal branch of our government. Rehnquist takes you on this journey through good and bad decisions and broaches the topic of political and public opinion influence on the court.
This is a very accessible read for anyone interested in the history and workings of the Supreme Court from a person who held several roles, from clerk, to Associate Justice, to Chief Justice. It's a short book but not a short read. It's one to take your time with for sure.
As expected, there was some dry reading that required some time to digest appropriately but I think that's the nature of a book written by an individual trained to write as a lawyer. Our Supreme Court could have been simply the last resort to settle contract disputes but has become a vital, equal branch of our government. Rehnquist takes you on this journey through good and bad decisions and broaches the topic of political and public opinion influence on the court.
This is a very accessible read for anyone interested in the history and workings of the Supreme Court from a person who held several roles, from clerk, to Associate Justice, to Chief Justice. It's a short book but not a short read. It's one to take your time with for sure.
May 29, 2015
Fabulous book. A mixture of pivotal cases decided by the Court, biographies of key justices, and procedures for choosing and rendering decisions, this book was both educational and interesting. My respect for the Supreme Court has increased tenfold, and I find that I am less willing to fling accusations of 'legislating from the bench.' That merely means, after all, that someone read the Constitution differently than I. With each of the nine justices having a staff of one or two secretaries and four--at most--law clerks, I was surprised at the small size of this branch of government. With most oral arguments lasting one hour--ONE HOUR!-- I was surprised by the simplicity and efficiency with which they get things done. And I have to agree with Rehnquist's summation. While balancing the authority of the Constitution with laws enacted and enforced by popularly elected representatives, and despite some very poor decisions, the Court has proved itself an enduring and respectable institution, unique among all other courts in the world.
Highly, highly, highly recommend.
Highly, highly, highly recommend.
April 14, 2008
I honestly thought it would be interesting.
And it was for the first 40 pages.
But then every time I read 20 pages, I had to take a nap.
It's a great informational book, but don't read it if you don't have to.
And it was for the first 40 pages.
But then every time I read 20 pages, I had to take a nap.
It's a great informational book, but don't read it if you don't have to.
June 5, 2021
"[...] the Supreme Court is an institution far more dominated by centrifugal forces, pushing toward individuality and independence, than it is by centripetal forces pulling for hierarchical ordering and institutional unity."
This interesting observation about the workings of the United States highest court comes from William H. Rehnquist's The Supreme Court (originally published in 1987; I have read the edition that was "revised and updated" in 2001). The author may safely be assumed to know what he is writing about. Mr. Rehnquist was a Supreme Court justice for 33 years (1972 - 2005), and he served 19 of these years as the Chief Justice.
The author quotes a standard, textbook-type definition of what the Supreme Court does:
The book begins with Mr. Rehnquist's personal recollection of the travel to Washington in January 1952 to begin his law clerkship for Supreme Court and the first few days on the job. Then he begins the journey through the 19th and 20th century history of the court, highlighting the most important cases and most influential justices. Marburg vs. Madison is the first major case discussed in considerable detail. Then comes the infamous Dred Scott decision, which became, as the author states, "a 'self-inflicted wound' from which it took the Court at least a generation to recover."
Chapters Six and Seven deal with the Supreme Court in president Roosevelt's times. I find the coverage of Roosevelt's "court-packing plan" absolutely riveting; the author presents the political and personal factors that contributed to the eventual failure of the plan. Yet, from a long-term perspective, Roosevelt succeeded in influencing the ideological direction of the court: during his 12 years of presidency, he appointed eight associate justices, and put a clear imprint of the New Deal ideas on the court's decisions.
The next two chapters focus on yet another remarkable and momentous case - the "Steel Seizure Case." Facing Korean war and the fiasco of negotiations between the steel mill workers and the steel companies, President Truman ordered the government seizure of steel mills. The author convincingly explains the background of the case and presents various forces and factors that contributed to the majority of the justices eventually voting against the government.
Next, Mr. Rehnquist discusses the "Warren Court" and the major changes in the constitutional law that began happening in the early 1960s. He also portrays the highly influential justices, such as Brennan, Douglas, and Warren. Chapters Twelve through Fourteen illustrate the procedural details of the Supreme Court's functioning; the reader will learn about the three main stages of the court's work: how the petitions for certiorari are chosen, the details of the oral arguments, and how the cases are actually decided. The last chapter, The Court in Its Third Century nicely summarizes the main emphases and motifs of the book. The very last sentence is worth quoting:
Three-and-a-quarter stars.
This interesting observation about the workings of the United States highest court comes from William H. Rehnquist's The Supreme Court (originally published in 1987; I have read the edition that was "revised and updated" in 2001). The author may safely be assumed to know what he is writing about. Mr. Rehnquist was a Supreme Court justice for 33 years (1972 - 2005), and he served 19 of these years as the Chief Justice.
The author quotes a standard, textbook-type definition of what the Supreme Court does:
"Congress and the president enact laws, the president executes the laws, and the Supreme Court decides cases arising under those laws or under the Constitution."The book clearly shows how misleadingly straightforward that description is, how much more is at stake when the court decides cases, how the court's decisions affect every single resident and shape the future of the country, and - in turn - how various social, political, and personal factors influence the court's decisions. I have read and reviewed here on Goodreads about 10 books about Supreme Court, and in many of these reviews I expressed my belief that Supreme Court is the most important branch of the government, more important than the president or the Congress.
The book begins with Mr. Rehnquist's personal recollection of the travel to Washington in January 1952 to begin his law clerkship for Supreme Court and the first few days on the job. Then he begins the journey through the 19th and 20th century history of the court, highlighting the most important cases and most influential justices. Marburg vs. Madison is the first major case discussed in considerable detail. Then comes the infamous Dred Scott decision, which became, as the author states, "a 'self-inflicted wound' from which it took the Court at least a generation to recover."
Chapters Six and Seven deal with the Supreme Court in president Roosevelt's times. I find the coverage of Roosevelt's "court-packing plan" absolutely riveting; the author presents the political and personal factors that contributed to the eventual failure of the plan. Yet, from a long-term perspective, Roosevelt succeeded in influencing the ideological direction of the court: during his 12 years of presidency, he appointed eight associate justices, and put a clear imprint of the New Deal ideas on the court's decisions.
The next two chapters focus on yet another remarkable and momentous case - the "Steel Seizure Case." Facing Korean war and the fiasco of negotiations between the steel mill workers and the steel companies, President Truman ordered the government seizure of steel mills. The author convincingly explains the background of the case and presents various forces and factors that contributed to the majority of the justices eventually voting against the government.
Next, Mr. Rehnquist discusses the "Warren Court" and the major changes in the constitutional law that began happening in the early 1960s. He also portrays the highly influential justices, such as Brennan, Douglas, and Warren. Chapters Twelve through Fourteen illustrate the procedural details of the Supreme Court's functioning; the reader will learn about the three main stages of the court's work: how the petitions for certiorari are chosen, the details of the oral arguments, and how the cases are actually decided. The last chapter, The Court in Its Third Century nicely summarizes the main emphases and motifs of the book. The very last sentence is worth quoting:
"[Supreme Court] will continue as a vital and uniquely American institutional participant in the everlasting search of civilized society for the proper balance between liberty and authority, between the state and the individual."I find The Supreme Court an interesting and worthwhile read, and Mr. Rehnquist, although considered a staunch conservative by virtually all commentators, comes across as balanced and remarkably non-partisan in his writing.
Three-and-a-quarter stars.
June 29, 2021
Certainly a must read for anyone wanting to learn more about the history of the US Supreme Court and who wants a reputable source to get it from. There is no one better than that of the late Chief Justice William Rehnquist. This really is for anyone with that sort of interest and in the foreword he even mentions how this book is exactly that and that there are other more in depth texts for advanced scholars. You should have some prior knowledge of US history though before reading as he is unable to cover every single historical aspect when discussing certain cases or justices. I do appreciate his analysis of important SCOTUS cases and he covers a few of the first justices on the court who have had a profound impact our nation's jurisprudence but who have since fallen into relative obscurity to most Americans. Truly an good beginners text for the everyday reader wanting to learn a little more about the high court
August 13, 2018
Well done, Mr. Chief Justice, and may it please the Court.
Very interesting perspective from a Supreme Court Law Clerk, Associate Justice, and Chief Justice. A lot of US history is packed in this little tome. Rehnquist gives a lot of context to landmark Supreme Court decisions from 1800 to approximately the late 1960s. Not many cases are discussed, and few quotations from court opinions are provided. But lots of historical context is provided, along with the inner workings of the Supreme Court. A lot of time is spent discussing appointments to the Court, and the story behind the defeat of Roosevelt's court-packing scheme is very interesting.
Rehnquist's audience is the non-lawyer, but any lawyer would also benefit from reading this very informative history.
Oyez, oyez, oyez. Giving this 5-stars and hence will plan to read again.
Very interesting perspective from a Supreme Court Law Clerk, Associate Justice, and Chief Justice. A lot of US history is packed in this little tome. Rehnquist gives a lot of context to landmark Supreme Court decisions from 1800 to approximately the late 1960s. Not many cases are discussed, and few quotations from court opinions are provided. But lots of historical context is provided, along with the inner workings of the Supreme Court. A lot of time is spent discussing appointments to the Court, and the story behind the defeat of Roosevelt's court-packing scheme is very interesting.
Rehnquist's audience is the non-lawyer, but any lawyer would also benefit from reading this very informative history.
Oyez, oyez, oyez. Giving this 5-stars and hence will plan to read again.
April 8, 2019
3.5 stars. This book was very well written (obviously), but I often times found it hard to keep track of what justices were being written about and what era they were on the court. There was a lot of switching between time periods in some of the chapters, so it didn't always follow a linear timeline. But, there was a lot of interesting information and details about the Supreme Court and the justices and a lot of the landmark cases. I really enjoyed the last 3-4 chapters which gave a behind-the-scenes look at what goes into granting a cert petition, oral arguments, deciding a case, writing the opinions, and the day-to-day life of a Supreme Court justice.
December 24, 2025
Review of The Supreme Court by William Rehnquist:
Chief Justice Rehnquist wrote this book on the Supreme Court in 1987, then reissued an edited version in 2003, two years before his death. Rehnquist mixes personal reminiscences with the history of the Court, with a couple of chapters on how the Court works. Although this volume will not be useful for law professors and learned scholars of the Court, it’s very useful to the layman and anyone interested in how the Court interacts with the other two branches. It’s a good introduction to anyone who wants to learn about the Supreme Court and its role in the American constitutional system. Rating:4/5
Chief Justice Rehnquist wrote this book on the Supreme Court in 1987, then reissued an edited version in 2003, two years before his death. Rehnquist mixes personal reminiscences with the history of the Court, with a couple of chapters on how the Court works. Although this volume will not be useful for law professors and learned scholars of the Court, it’s very useful to the layman and anyone interested in how the Court interacts with the other two branches. It’s a good introduction to anyone who wants to learn about the Supreme Court and its role in the American constitutional system. Rating:4/5
December 19, 2020
With the death of Justice Ginsburg and the appointment of Justice Barrett to the Supreme Court, along with important religious liberty cases and constitutional questions surrounding COVID-19, I was interested to learn more about the history and workings of the Supreme Court. This book, written by a former Chief Justice, did help achieve that goal and for that reason I’d give it 2.5 stars.
The book was a combination of anecdotes and details about the workings of the court. At times, however, the book seemed to drag and meander.
The book was a combination of anecdotes and details about the workings of the court. At times, however, the book seemed to drag and meander.
April 6, 2021
This book is a decent overview of Supreme Court history, although the cases Chief Justice Rehnquist chooses to spend time on or leave out sometimes does not make a lot of sense.
The book had one truly problematic statement that stood out to me: "[Justice Taney's] opinion in Dred Scott was a serious mistake, for reasons I have earlier suggested, but that opinion should not be allowed to blot out the very constructive work otherwise done in his career." Dred Scott is so reprehensible as to overshadow the whole of his career.
The book had one truly problematic statement that stood out to me: "[Justice Taney's] opinion in Dred Scott was a serious mistake, for reasons I have earlier suggested, but that opinion should not be allowed to blot out the very constructive work otherwise done in his career." Dred Scott is so reprehensible as to overshadow the whole of his career.
March 16, 2025
A concise history of the Supreme Court of the United States by one of its foremost Chief Justices, William Rehnquist. Rehnquist molds his history of the institution into a readable, limited-legal jargon work to allow the ideas that shaped the modern Court to be easily understood. A fascinating read for anyone interested in American political institutions, and a must-read for the well-informed American.
May 18, 2019
I’m obsessed with the Supreme Court. If you aren’t, you might rate this book more in the 2-3 stars range.
It was probably worth the read just to remind myself of the Steel Seizure Case - a time when it was more clear that we wanted a president who was not above the law (i.e. not a king). Also helpful to remember that there have been many uncertain times in our country’s history. Like, many.
It was probably worth the read just to remind myself of the Steel Seizure Case - a time when it was more clear that we wanted a president who was not above the law (i.e. not a king). Also helpful to remember that there have been many uncertain times in our country’s history. Like, many.
May 4, 2022
While the book is packed with information about the Supreme Court, I was expecting more a read of HOW the court functions and less of its history. It would be ignorant of me not to expect the history of such an establishment. But I found myself skimming historic information about numerous & various justices that have served just to get to details about the court's functionality.
July 12, 2018
Supreme Court history buffs will find some valuable insights and information in here. It’s not as well told as William O.Douglas’ Sonya Sotomayor’s or John Paul Stevens’ books. But it’s lightyears better than your average politician’s memoir/autobiography.
September 23, 2018
Delivers on all that you would hope for in a book written by a SCOTUS Justice. Interesting personal insights, thorough history, and very well-written. The history made up the majority of the book, and Renhquist did a good job interweaving stories and personal insights when appropriate.
November 7, 2022
Fails to give an honest opinion of his choices made, but instead speaks about the legal frameworks wherein bad choices had to be made. Not necessarily a bad book, but chooses to avoid discussing more impactful meanings and repercussions as a means of learning and reflection.
February 14, 2025
A nice overview of the history and inner working of the Supreme Court. Some sentences are a bit clunky, obviously written by a judge and not a journalist. Interesting how far off base the current Court is compared to Rehnquist’s view.
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