The Limits of Judicial Power: The Supreme Court in American Politics

By William Lasser | Go to book overview

I
Introduction

[The Supreme] Court of the modern era, like those of the past, has rendered a service of no small significance. From 1789 to the Civil War, the Court labored to establish a reasoned argument for the cause of union. From the war to 1937 it performed a similar function on behalf of laissez faire. Toward the end of each of these periods, the judges overstepped the practical boundaries of judicial power and endangered the place they had earned in the American system. Since 1937, the Court has striven to evolve a civil rights doctrine that will realize the promise of the American libertarian tradition, yet accord with the imperatives of political reality. . . . It would be a Pity if the judges, having done so much, should now once more forget the limits that their own history so compellingly prescribes.

-- Robert G. McCloskey, The American Supreme Court ( 1960)

THE MODERN COURT, McCloskey concluded in his landmark study, was in danger once again of overstepping the limits of its power and of endangering its place in the American system of government. In several cases, and especially in the desegregation cases of the mid-1950s, the Court had pushed forward at a rate that, to McCloskey, seemed "perilous and perhaps self-defeating." Surely, he warned, no purpose is served "when the judges seek the hottest political cauldrons of the moment and dive into the middle of them"; the clear lesson of the Court's history was that its "greatest successes have been achieved when it has operated near the margins rather than in the center of political controversy, when it has nudged and tugged the nation, instead of trying to rule it." If the modern Court refused to learn this lesson, McCloskey concluded, it risked repeating its greatest historical blunders. 1

-1-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Limits of Judicial Power: The Supreme Court in American Politics
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments ix
  • I- Introduction 1
  • II- The Dred Scott Case 9
  • III- Reconstruction and the Court 58
  • IV- The Supreme Court and the New Deal 111
  • V- The Modern Supreme Court- Crisis as Usual? 161
  • VI- Conclusion 246
  • Notes 273
  • Bibliography 312
  • Index 337
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 356

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.