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History of the Supreme Court of the United States. Volume IX: The Judiciary and Responsible Government, 1910-21 [Book Review]

Kousser, J. Morgan (1986) History of the Supreme Court of the United States. Volume IX: The Judiciary and Responsible Government, 1910-21 [Book Review]. Journal of Southern History, 52 (3). pp. 479-481. ISSN 2325-6893. http://resolver.caltech.edu/CaltechAUTHORS:20131009-100639895

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Abstract

When he died in 1974, Alexander Bickel had finished the seven 100-page chapters of this volume of the Holmes Devise Series that cover appointments to the Supreme Court and cases concerning social and economic issues, except race. As a judge's history, concentrating on printed materials and the manuscripts of the Justices, Part One is trenchant and often delightful. Case by case, vignette by vignette, Bickel had no peer for clarity, brevity, shrewd judgments, and wit. Yet unlike his mentor Felix Frankfurter, Bickel rarely stepped back and considered overarching issues of political and constitutional theory, and he made no effort to master post-World War II versions of the history of the so-called Progressive Era. These chapters constitute an authoritative reference work for details, an unself-consciously traditional series of well-crafted set pieces to.be dipped into for specific information, not consulted for broad generalizations or read page by page. There is no Bickel thesis here and little direct questioning of anyone else's thesis, either. On Bickel's account, the Court in these years was just inconsistent sometimes for, sometimes against various sorts of regulations, sometimes deferential to other branches, sometimes assertive of judicial power, sometimes slavishly following precedent, sometimes creative and responsive to new arguments. There were apparently no pronounced trends. Perhaps this was the way the period really was, but Bickel's narrow focus shrouds any possible larger themes from view.


Item Type:Article
Related URLs:
URLURL TypeDescription
http://www.jstor.org/stable/2209601PublisherBook Review
http://www.amazon.com/Judiciary-Responsible-Government-1910-21-History/dp/0025414208PublisherAmazon book
Alternate Title:The Judiciary and Responsible Government, 1910-21
Additional Information:© 1986 Southern Historical Association. Book review of: History of the Supreme Court of the United States. Volume IX: The Judiciary and Responsible Government, 1910-21. Parts One and Two. Part One by Alexander M. Bickel; Part Two by Benno C. Schmidt, Jr. New York: Macmillan Publishing Company; London: Collier Macmillan Publishers, c. 1984. Pp. xiv, 1,041.
Record Number:CaltechAUTHORS:20131009-100639895
Persistent URL:http://resolver.caltech.edu/CaltechAUTHORS:20131009-100639895
Official Citation:History of the Supreme Court of the United States. Volume IX: The Judiciary and Responsible Government, 1910-21. Part One. by Alexander M. Bickel; History of the Supreme Court of the United States. Volume IX: The Judiciary and Responsible Government, 1910-21. Part Two. by Benno C. Schmidt. Review by: J. Morgan Kousser. The Journal of Southern History , Vol. 52, No. 3 (Aug., 1986), pp. 479-481. Published by: Southern Historical Association. Article Stable URL: http://www.jstor.org/stable/2209601
Usage Policy:No commercial reproduction, distribution, display or performance rights in this work are provided.
ID Code:41799
Collection:CaltechAUTHORS
Deposited By: SWORD User
Deposited On:18 Oct 2013 22:20
Last Modified:13 Nov 2013 21:53

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