How the Court Became Supreme

The Origins of American Juristocracy

Paul D. Moreno

• Publisher: LSU Press
• Year: 2022
• eBook ISBN: 9780807178409
• Topic: Law
• Subtopic: Legal History
• Index: Law

Over the course of its history, the United States Supreme Court has emerged as the most powerful judiciary unit the world has ever seen. Paul D. Moreno's How the Court Became Supreme offers a deep dive into its transformation from an institution paid little notice by the American public to one whose decisions are analyzed and broadcast by major media outlets across the nation. The Court is supreme today not just within the judicial branch of the federal government but also over the legislative and executive branches, effectively possessing the ability to police elections and choose presidents. Before 1987, nearly all nominees to the Court sailed through confirmation hearings, often with little fanfare, but these nominations have now become pivotal moments in the minds of voters. Complaints of judicial primacy range across the modern political spectrum, but little attention is given to what precisely that means or how it happened. What led to the ascendancy of America's highest court? Moreno seeks to answer this question, tracing the long history of the Court's expansion of influence and examining how the Court envisioned by the country's Founders has evolved into an imperial judiciary. The US Constitution contains a multitude of safeguards to prevent judicial overreach, but while those measures remain in place today, most have fallen into disuse. Many observers maintain that the Court exercises legislative or executive power under the guise of judicial review, harming rather than bolstering constitutional democracy. How the Court Became Supreme tells the story of the origin and development of this problem, proposing solutions that might compel the Court to embrace its more traditional role in our constitutional republic.

Table of contents

• Cover
• Title Page
• Copyright Page
• Dedication
• CONTENTS
• ACKNOWLEDGMENTS
• Introduction
• 1. Before the Constitution
• 2. The Constitution
• 3. The Marshall Court
• 4. The Court and the Crisis of the Union
• 5. The Court in the Industrial Age
• 6. The Progressive and New Deal Period, 1910–53
• 7. Judicial Supremacy Arrives: The Warren Court
• 8. The Metastasizing of Judicial Supremacy
• APPENDIX A. “Law and Equity”
• APPENDIX B. The Incorporation Mystery
• APPENDIX C. Direct Taxes
• NOTES
• BIBLIOGRAPHY
• INDEX