1702692520 3　Four female justices

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1702692522 Photo by Steve Petteway

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1702692524 4　William O. Douglas, justice-to-be

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1702692526 5　Chief Justice William Howard Taft

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1702692528 6　Earl Warren, political beginnings

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1702692530 7　Laying the cornerstone

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1702692532 8　The courtroom

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1702692534 Photo by Steve Petteway

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1702692536 9　Bush v. Gore “day call”

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1702692538 10　President-elect Obama’s visit

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1702692540 Photo by Steve Petteway

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1702692542 11　Paying respects

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1702692544 Photo by Franz Jantzen

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1702692546 All illustrations are from the Collection of the Supreme Court of the United States with the exception of the photograph of William O. Douglas, which is from the Library of Congress.

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1702692551 美国最高法院通识读本 [:1702690381]

1702692552 美国最高法院通识读本 Acknowledgments

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1702692554 Steve Petteway, the Supreme Court’s photographer, was generous with his time in helping me select most of the photographs that appear in this book. This is my second book to benefit from Steve’s professional enthusiasm, and I thank him once again. I thank Sanford Levinson for his comments on the manuscript, and my husband and fellow law teacher, Eugene Fidell, for having read each chapter as it emerged. My editor, Nancy Toff, recruited me for this project and helped me to envision a world full of curious English-speaking readers who want to know more about the U.S. Supreme Court. I’m glad she did.

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1702692559 美国最高法院通识读本 [:1702690382]

1702692560 美国最高法院通识读本 Chapter 1Origins

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1702692562 “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.”

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1702692564 With those words—the opening sentence of the Constitution’s Article Ⅲ—the document’s Framers announced the birth of an institution then unknown to the world, a national court with the authority to decide cases “arising under” the country’s Constitution and laws. Precisely what that authority would mean in practice—what the Supreme Court’s role would be with respect to the two elected branches of the new government—was far from clear when the Constitution was drafted in 1787. That role remains disputed even today, when Supreme Court nominees are routinely asked by members of the Senate Judiciary Committee to disavow all interest in using the Court’s authority in a manner that might be described as “judicial activism.”

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1702692566 This book is not intended primarily as a work of history. Its aim is to enable readers to understand how the Supreme Court of the United States operates today. But while detailed knowledge of the Court’s history is not required for that purpose, acquaintance with the Court’s origins helps appreciate the extent to which the Supreme Court that we know today has been the author of its own history. From the beginning, it has filled in the blanks of Article Ⅲ by defining its own power. In the process, the Court has defied Alexander Hamilton’s prediction in Federalist No. 78 (one of the eighty-five essays in the Federalist Papers, written to rally public support for the Constitution’s ratification) that lacking “influence over either the sword or the purse,” and possessing “neither force nor will, but merely judgment,” the judiciary would prove to be the “least dangerous branch.” That process of self-definition continues today.

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1702692568 The Articles of Confederation that the new United States ratified in 1781 provided neither a national judicial system nor an executive branch. (There was a single national court, the Court of Appeals in Cases of Capture, with jurisdiction limited to disputes over captured ships. The Congress also had the power to establish special courts to resolve boundary disputes between states; such a court had only sat once.) Every state had its own system of courts, as the states do today. Citizens of the new nation had feared that a federal court system with general jurisdiction would threaten the sovereignty of the loosely confederated states. But to the delegates who assembled in Philadelphia in 1787 to revise the national charter, the absence of a national judicial system was one of the decentralized government’s more obvious failings.

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