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

By William Lasser | Go to book overview

Notes

CHAPTER I
1.
McCloskey, The American Supreme Court ( Chicago: University of Chicago Press, 1900), Pp. 229-31.
2.
Federalist No. 78.
3.
Alexander Bickel, The Least Dangerous Branch: The Supreme Court at the Bar of Politics ( Indianapolis: Bobbs-Merrill, 1962), p. 23.
4.
Walter F Murphy, Congress and the Court ( Chicago: University of Chicago Press, 1962), pp. 2-3.
5.
Jesse H. Choper, Judicial Review and the National Political Process: A Functional Reconsideration of the Role of the Supreme Court ( Chicago: University of Chicago Press, 1980), p. 156.
6.
United States v. Richardson, 418 U. S. 166 ( 1974), at 191 ( Powell, concurring).
7.
Flast v. Cohen, 392 U.S. 83 ( 1968), at 131 ( Harlan, dissenting); Baker v. Caff, 369 U.S. 186 ( 1962), at 267 ( Frankfurter, dissenting).
8.
Hand, in an oft-quoted remark, said "a society so riven that the spirit of moderation is gone, no court can save; . . . a society where that spirit flourishes, no court need save." (Quoted in Bickel, Least Dangerous Branch, p. 23.)
9.
"Law and the Court," Speeches of Oliver Wendell Holmes ( Boston: Little, Brown, 1918), p. 98.
10.
On the early Marshall years, see Richard E. Ellis, The Jeffersonian Crisis: Courts and Politics in the Young Republic ( New York: W. W. Norton and Co., 1971)
11.
New York Trust Co. v. Eisner, 256 U.S. 345 ( 1921), at 349.

CHAPTERII
1.
Roy P. Basler, ed., The Collected Works of Abraham Lincoln ( New Brunswick, N.J.: Rutgers University Press, 1953), 2:495; Charles Evans Hughes, The Supreme Court of the United States, Its Foundations, Methods and Achievements: An Interpretation ( New York: Columbia University Press, 1928), pp. 50-51. The classic statement of the thesis that the Court was virtually powerless for years after Dred Scott is found in Edward S. Corwin, "The Dred Scott Decision in the Light of Contemporary LegalDoctrines:"

-273-

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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
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