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1702693311 Worcester v. Georgia, 31 U.S. 515 (1832)

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1702693313 Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)

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1702693318 美国最高法院通识读本 [:1702690394]

1702693319 美国最高法院通识读本 Further reading

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1702693321 General works

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1702693323 For a comprehensive, single-volume history of the Court, The Supreme Court: An Essential History by Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull (Lawrence: University Press of Kansas, 2007) is accessible and well organized by chief justice, through the Rehnquist years. The American Supreme Court by Robert G. McCloskey (Chicago: University of Chicago Press, 5th ed., 2010) is a classic work that incorporates both history and doctrine. Originally published in 1960, the latest edition, substantially revised by Sanford Levinson, includes a comprehensive forty-eight-page bibliographic essay. Another one-volume history is A History of the Supreme Court by Bernard Schwartz (New York: Oxford University Press, 1993), which is organized by chief justice while also including separate chapters on the“watershed cases” of each era. Lawrence Baum, a political scientist who writes widely on the Court, has published a substantially revised tenth edition of his one-volume The Supreme Court (Washington, DC: CQ Press, 2010), with an emphasis on the Court’s members and internal operations. A second edition of The Oxford Companion to the Supreme Court of the United States (New York: Oxford University Press), edited by Kermit L. Hall, an encyclopedic collection of short essays, was published in 2005.

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1702693325 The Judicial Branch, edited by Kermit L. Hall and Kevin T. McGuire(New York: Oxford University Press, 2005) and published as part of the Institutions of American Democracy series, includes essays by leading scholars that place the Supreme Court and its justices in the broader context of judicial behavior and American history and culture. The second edition of The Oxford Guide to United States Supreme Court Decisions, edited by Kermit L. Hall and James W. Ely Jr. (New York: Oxford University Press, 2009), is a compilation of short essays by dozens of scholars describing hundreds of the Court’s most important decisions. In 1987 Chief Justice Rehnquist published The Supreme Court, an account of episodes in the Court’s history, its major decisions, and its current operation. The book appeared in an updated edition in 2001 (New York: Random House).

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1702693327 The Supreme Court Compendium: Data: Decisions, and Developments by Lee Epstein, Jeffrey A. Segal, Harold J. Spaeth, and Thomas G. Walker (5th ed., Washington, DC: CQ Press, 2012) contains nearly eight hundred pages of charts and tables answering nearly any data-based question one could think to ask about the Court’s history, members, and caseload. It also contains interesting material about the relationship between the Court and public opinion. A book that focuses entirely on the Court and public opinion is Barry Friedman’s The Will of the People (New York: Farrar, Straus and Giroux, 2009).

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1702693329 The Congressional Quarterly ‘s CQ Press has published several valuable reference books on the Court. The most comprehensive is the twovolume Congressional Quarterly’s Guide to the U.S. Supreme Court by Joan Biskupic and Elder Witt (3rd ed., 1997). The same authors produced a one-volume version for CQ, The Supreme Court at Work(1997).

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1702693331 Although Inside the Supreme Court: The Institution and Its Procedures by Susan Low Bloch, Vicki C. Jackson, and Thomas G. Krattenmaker(St. Paul, MN: Thomson/West, 2nd ed., 2009) is intended for law students, it contains selections from many accessible and fascinating secondary sources on such topics as the Supreme Court nomination and confirmation process, the Court’s case-selection criteria, and the role of lawyers who argue before the Court.

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1702693333 Two books about the Supreme Court have been major best sellers. The Brethren: Inside the Supreme Court by Bob Woodward and Scott Armstrong (New York: Simon and Schuster, 1979) explores the tensions inside the Burger Court. Nearly thirty years later, the success of Jeffrey Toobin’s The Nine: Inside the Secret World of the Supreme Court (New York: Doubleday, 2007) showed that the reading public had not lost its appetite for peering behind the velvet curtain.

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1702693335 Although not for the casual reader, the eight-volume Documentary History of the United States Supreme Court, 1789–1800 (New York: Columbia University Press), edited by Maeva Marcus and published over a nineteen-year period ending in 2004, is such an amazing work that it bears mention here. In reconstructing the Court’s first decade through correspondence, notes, and case records, including accounts of the cases the justices decided while riding circuit, the series offers unparalleled insight into the first justices’ efforts to build an institution. From vol. 1, pt. 1 of the series, this notation by the Court’s clerk, dated February 1, 1790, suggests the challenge that lay ahead:“This being the day assigned by Law, for commencing the first Sessions of the Supreme Court of the United States, and a sufficient Number of the Justices to form a quorum not being convened, the Court is adjourned, by the Justices now present, untill [sic] to Morrow, at one of the Clock in the afternoon.”

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1702693337 The justices

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1702693339 There are several useful compilations of Supreme Court biographies. A major recent effort is Biographical Encyclopedia of the Supreme Court: The Lives and Legal Philosophies of the Justices, edited by Melvin I. Urofsky (Washington, DC: CQ Press, 2006). The standard work of this kind, now in five volumes, is Leon Friedman and Fred L. Israel’s The Justices of the United States Supreme Court 1789–1995: Their Lives and Major Opinions (New York: Chelsea House, 1995). It concludes with Justice Breyer’s arrival, as do two other books: The Supreme Court Historical Society’s The Supreme Court Justices: Illustrated Biographies, 1789–1995 (Washington, D.C.: CQ Press, 1995), edited by Clare Cushman; and Supreme Court Justices: A Biographical Dictionary (New York: Facts on File, 2001), edited by Timothy L. Hall.

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1702693341 There are too many biographies of individual justices to list here. Chief Justices Marshall and Warren and Justices Holmes and Brandeis in particular have been the subject of multiple highly regarded biographies. Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices by Noah Feldman (New York: Twelve, 2010) is a collective treatment of Justices Felix Frankfurter, Robert H. Jackson, William O. Douglas, and Hugo L. Black.

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1702693343 There have been relatively few biographies of more recent justices. Justice Brennan: Liberal Champion by Seth Stern and Stephen Wermiel(New York: Houghton Mifflin Harcourt, 2010) is based on the authors’ exclusive access to the private papers of their subject, who served thirty-three years before retiring in 1990. Justice Lewis F. Powell, Jr. by John C. Jeffries Jr. (New York: Charles Scribner’s Sons, 1994) is the life of the justice who served from 1972 to 1987, written by a former law clerk. Another former Supreme Court law clerk, Dennis J. Hutchinson, also wrote a biography of his justice, The Man Who Once Was Whizzer White: A Portrait of Justice Byron R. White (New York: Free Press, 1998), taking the unusual approach of illustrating a long (thirtyone-year) Supreme Court career by focusing tightly on three Supreme Court terms, 1971, 1981, and 1991. My own Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey (New York: Henry Holt, 2005) recounts the justice’s life and career by relying almost entirely on the massive collection of his papers at the Library of Congress.

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1702693345 Joan Biskupic is the author of two biographies of justices who served into the twenty-first century: Sandra Day O’Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice(New York: HarperCollins, 2005) and American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia (New York: Farrar, Straus and Giroux, 2009), based in part on extensive on-the-record conversations with Scalia. Justice O’Connor published an engaging memoir of her childhood on a remote Arizona ranch, Lazy B: Growing Up on a Cattle Ranch in the American Southwest(New York: Random House, 2002), with her brother, H. Alan Day, as co-author. Justice Clarence Thomas also published a memoir of his pre-Supreme Court life, My Grandfather’s Son: A Memoir (New York: HarperCollins, 2007). Two reporters from the Washington Post, Kevin Merida and Michael Fletcher, published a more comprehensive account of Justice Thomas’s career, Supreme Discomfort: The Divided Soul of Clarence Thomas (New York: Doubleday, 2007). The publication of John Paul Stevens: An Independent Life by Bill Barnhart and Gene Schlickman (DeKalb: Northern Illinois University Press, 2010) coincided with the ninety-year-old justice’s retirement after nearly thirty-five years.

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1702693347 There have been several recent treatments of the Supreme Court nomination and confirmation process. Among the best is The Next Justice: Repairing the Supreme Court Appointments Process by Christopher L. Eisgruber (Princeton, NJ: Princeton University Press, 2007), which starts from the unremarkable but often overlooked premise that “[w]ithout a good understanding of what the justices do, Americans do not know whom to choose or how to evaluate the nominees whom presidents propose.” The classic work on this subject, Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Clinton by Henry J. Abraham(Lanham, MD: Rowman and Littlefield), which originally appeared in 1974 under the title Justices and Presidents, was published in a fifth edition in 2007.

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1702693349 Public interest in the role of Supreme Court law clerks is reflected in two books: Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk by Todd C. Peppers (Stanford, CA: Stanford University Press, 2006); and Sorcerers’ Apprentices: 100 Years of Law Clerks at the U. S. Supreme Court by Artemus Ward and David L. Weiden (New York: New York University Press, 2006).

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1702693351 The classic study of how the justices select cases and construct the Court’s docket is Deciding to Decide: Agenda Setting in the United States Supreme Court by H. W. Perry Jr. (Cambridge, MA: Harvard University Press, 1991). Based on extensive interviews by the author, a political scientist, with justices and their clerks (quoted but not identified by name), the book reflects the inner working of the Court of more than two decades ago. But its observations about the Court’s internal dynamic nonetheless remain valuable.

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1702693353 There is a large political science literature on how the justices actually decide the cases they have undertaken to review. The Choices Justices Make by Lee Epstein and Jack Knight (Washington, DC: CQ Press, 1998) examines strategic behavior among justices as they strive to accomplish their policy goals. Supreme Court Decision-Making: New Institutionalist Approaches, edited by Cornell W. Clayton and Howard Gillman (Chicago: University of Chicago Press, 1999) is a collection of essays by different authors exploring aspects of the institutional context in which the justices do their work. Relying less on theory and more on narrative, Decision: How the Supreme Court Decides Cases by Bernard Schwartz (New York: Oxford University Press, 1996) uses internal memoranda and unpublished drafts of opinions to provide a series of portraits of the Court at work. A book aimed primarily at a student audience, Understanding the U.S. Supreme Court: Cases and Controversies by Kevin T. McGuire (New York: McGraw Hill, 2002), takes an unusual approach, using four cases and two fierce confirmation battles to illustrate how the Court works and the role it plays in American life.

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1702693355 Constitutional interpretation

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1702693357 Books on constitutional theory fill the shelves of law school libraries, and the subject is largely beyond the scope of this book. But neither should we ignore the unusual fact that two sitting Justices have entered the public space—and taken to the airwaves—to debate their distinct visions of constitutional interpretation. Justice Scalia went first with his A Matter of Interpretation: Federal Courts and the Law (Princeton, NJ: Princeton University Press, 1997). Justice Breyer followed, first with Active Liberty: Interpreting Our Democratic Constitution (New York: Knopf, 2005) and then with Making Our Democracy Work: A Judge’s View (New York: Knopf, 2010).

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1702693359 A short yet comprehensive introduction to the main topics and debates in constitutional law is Constitutional Law by Michael C. Dorf and Trevor W. Morrison (New York: Oxford University Press, 2010) in the Oxford Introductions to U.S. Law series. At much greater length, a useful overview of how constitutional doctrine has developed through Supreme Court decisions is Constitutional Law for a Changing America by Lee Epstein and Thomas G. Walker (Washington, DC: CQ Press, 6th ed., 2007). Though intended for the undergraduate classroom, its two volumes, Rights, Liberties, and Justice and Institutional Powers and Constraints, are amply sophisticated to satisfy other readers. The authors provide helpful context, from secondary sources and their own explanations, for the many opinions the book excerpts.

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