An analysis of the book,  The Supreme Court and Its Great Justices , written by Sidney H. Asch

Pate, William C.

English

University of San Diego

San Diego Law Review Volume 9 Issue 4 1972 Article 9 6-1-1972 The Supreme Court and Its Great Justices by Sidney H. Asch William C. Pate Follow this and additional works at: https://digital.sandiego.edu/sdlr  Part of the Law Commons Recommended Citation William C. Pate, The Supreme Court and Its Great Justices by Sidney H. Asch, 9 SAN DIEGO L. REV. 991 (1972). Available at: https://digital.sandiego.edu/sdlr/vol9/iss4/9 This Book Review is brought to you for free and open access by the Law School Journals at Digital USD. It has been accepted for inclusion in San Diego Law Review by an authorized editor of Digital USD. For more information, please contact digital@sandiego.edu. Book ReviewTHE SUPREME COURT AND ITS GREAT JUSTICES by Sidney H. Asch.1Arco Publishing Company, Inc. 1971. 266 pp. $5.95.The history of the United States Supreme Court is chronicledin the over four hundred volumes that contain its decisions. Butthe Court's real impact goes beyond this mass of decisions thatin conjunction with the Constitution, form the basis upon whichour society functions. The Court is nine men, swept up in thecurrent of society, who somehow must decide those issues whichstrike at the very core of society itself. By necessity then, thesedecisions are reflective not only of the principles of law that havebeen established by the generations that have gone before, butlikewise are greatly influenced by the opinions, prejudices, fearsand hopes of the men that must make them. Although we are anation of laws and not of men, the men of the Supreme Courthave the awesome power of deciding which of these laws shallstand and how they shall be executed. These approximately onehundred men who have worn the black robe and have been theUnited States Supreme Court, are the subject of this book.The author has chosen the fifteen justices whom he feels havehad the greatest impact upon the Supreme Court during its his-1. Justice of the New York State Supreme Court. Member of thegraduate faculties of the City University of New York, Mount SinaiMedical School, and New York Law School.June 1972 Vol. 9 No. 4tory. He gives the reader a brief look into the personal historiesof these justices, so that we can better understand why theyinterpreted and construed the law as they did. Once the authorhas explained the background and philosophy of a particular jus-tice, he then skillfully weaves into his discussion the personalitiesof the other justices that served on the Court during that justice'stenure. The combination of these giants of the Court, the spiritof the times in which the decisions were made, and the contempo-ary justices of the period add up to a stimulating and fascinatinganalysis of the Supreme Court, its workings, its weaknesses andits strengths.The justices spotlighted by Mr. Asch are: John Jay, John Mar-shall, Roger B. Taney, Samuel Miller, John M. Harlan (I), OliverWendell Holmes, Jr., Louis D. Brandeis, Charles Evans Hughes,Harlan Fiske Stone, Benjamin N. Cardozo, Felix Frankfurter, Rob-ert H. Jackson, Hugo L. Black, William 0. Douglas, and EarlWarren. Through the overlapping tenures of these men, the his-tory of the Court can be laid out and dissected. This is what theauthor has attempted to do, and he has succeeded quite well.The traditional law school approach to constitutional law hasbeen a case by case examination of the various sections or pro-visions of the Constitution. Using this method the student ac-quires a basic understanding of the Constitution and the law.Too often however, the student develops neither an appreciationfor the history of the Court, nor a feel for the very importantrole the Court has played in shaping the United States into thecountry it is today. The effect the Court has had upon both thegood and bad aspects of our present day society is immense. Butthis effect cannot readily be seen in a section by section analysisof its decisions. It is much like a fable of the blind men and theelephant. If one were to review the Court's decisions on civilrights, he would conclude that the Court is in the forefront inattaining human dignity for all. At the same time, an examinationof Court decisions relating to the industrial complex, consumerprotection, and labor shows the Court to be a restraint upon theother branches of government. Only an analysis of the Court andits decisions taken as a whole can give us the reasons why.This book is not, however, a highly technical discussion of theCourt and its role in governing our society. Rather, it is muchlike a "hornbook", in that it highlights the important decisionsand personalities of the Court in a very readable manner. Thebook is as well suited for the lay citizen, as the lawyer. It is nota professional book in the sense that it will help one prepare an[VOL. 9: 991, 1972] Book ReviewSAN DIEGO LAW REVIEWappellate brief on a point of constitutional law. However, the in-sight that one gains from reading this book will be helpful inpresenting a more effective argument to the Court.The author begins by describing the Court's shaky beginning.The original swearing in ceremony had to be delayed a day be-cause only three of the six justices were present. The next daya fourth justice showed up, and with a bare quorum the Court wassworn in. Meeting in the basement of the Capital Building didnot add to the prestige of the fledgling Court. In fact one of theoriginal justices resigned his office to take the position of ChiefJustice of the Supreme Court of North Carolina. Of course hemay have been influenced by the fact the Court only heard onecase during its first term, and that was dismissed on a technicality.Under the guidance of the Chief Justices John Marshall andRoger Taney, the Court rose from this unimpressive beginning toa position of equal dignity with its sister branches of government.The Court unfortunately did not fare as well under subsequentless able leadership.With the issuance of the Dred Scott decision 2 the Court tumbledinto a period of disrespect from which it was not to emerge untilthe beginning of the twentieth century. The author examines thepersonalities and philosophies which caused the Court to slip fromits position of equality in the second half of the nineteenth cen-tury. The twentieth century has found the Court, after a slowstart, once again a respected institution. Under the leadership ofChief Justice Earl Warren, and with the assistance of JusticesBlack and Douglas, the Court has had a very important effect onthe lives of all Americans.The author seems to be particularly impressed with the soli-darity Chief Justice Warren brought to the Court. He uses as anexample the decision in Brown v. Board of Education.8  The yearbefore Earl Warren's first term, the Court had voted 5-4 to upholdschool segregation. However, Chief Justice Vinson died before theCourt had a chance to announce its opinion. When Warren tookthe post of Chief Justice, he set about trying to change the result.He also realized that for a decision requiring integration to be2. Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857).3. Brown v. Board of Educ. of Topeka, 347 U.S. 483 (1954).effective it must be the unanimous opinion of the Court. Throughhis leadership the Court did speak as one voice in declaring segre-gation unconstitutional.The author concludes his historical analysis with a look at theCourt under its new Chief Justice, Warren Burger, and his at-tempt to "lower the profile" of the Court. Unfortunately the bookwent to press prior to the appointments of Powell and Rehnquistto the Court.The book is short and easily read. Yet it is filled with concisediscussions of the philosophies and personalities that have madethe Court the important institution it is today. For anyone whohas a love for the law, the history, or the Constitution of theUnited States, this book is required reading.WILLIAM C. PATE** B.A., Whittier College; J.D., University of San Diego, School of Law.

The Supreme Court and Its Great Justices by Sidney H. Asch

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The Supreme Court and Its Great Justices by Sidney H. Asch

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