THE SUPREME COURT - VIEWS FROM INSIDE - Properly O L.A.Baplist College Library

Sep 28, 2026

Uploaded by Logic

Collection centered on perspectives on the U.S. Supreme Court drawn from judges’ own printed or typescript addresses, with emphasis on how the Court’s internal deliberations and judgment processes differ from public presentation. The preface explains the sources used and acknowledges assistance in compiling prior speeches. The introduction frames the Court’s work beyond formal opinions by contrasting “before” and “after” records with the hidden “during” process, highlighting judicial review, constitutional debates, and relations between the Court and other governmental branches.

LanguageEnglish

CategoryLiterature

FormatPDF

Pages200

Reading Time5 h 8 min

AccessFree to download

Preface

Introduction: On the View from Inside

PART ONE JUSTICE AT WORK

Robert H. Jackson, "The Supreme Court as a Unit of Government"

Felix Frankfurter, "The Process of Judging in the Supreme Court"

Tom C. Clark, "Inside the Court"

William O. Douglas, "In Defense of Dissent"

John M. Harlan, "The Role of Oral Argument"

PART TWO COURT, CONGRESS, AND THE STATES

William O. Douglas, "Judges and Legislators"

Felix Frankfurter, "Reflections on Reading Statutes"

Owen J. Roberts, "Protecting the Court's Independence"

William J. Brennan Jr., "State Court Decisions and the Supreme Court"

PART THREE PRECEDENT, SEGREGATION, AND THE LAW

James F. Byrnes, "Usurpation by the Court"

William O. Douglas, "Stare Decisis" (Let the Decision Stand)

William J. Brennan, Jr., "Law and Social Sciences"

PART FOUR LIBERTY AND JUDICIAL REVIEW

Robert H. Jackson, "The Supreme Court as a Political Institution"

Hugo Black, "Absolutes, Courts, and the Bill of Rights"

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347.9973
W527swestin,Alan F.
ed. | | | | --- | --- | --- | --- | | | AUTHOR
The Supreme Court | | | | | | | | | | TITLE | | | | | DATE pu | BORROWER5 NAME | | | | DEC 178 | mwCip | | | | | AbigailG.Turne | | | | | | | | | | | | | | | | | 26276 347.9973 # T H E SUPREMECOURT: VIEWS FROM INSIDE Properfy O L.A.Baplist COLLEGE LIBRARNewhall,California W.W.NORTON &COMPANY,INC.·New York Copyright ◎1961 by W.W.Norton&Company,Inc. Library of Congress Catalog Card No.61-6921 PRINTED IN THE UNITED STATES OF AMERICA 56789 ontents Preface 4 # Introduction:On the View from Inside 5 PART ONE JUSTICE AT WORK RoBERT H.JACKSON,"The Supreme Court as a Unit ofGovernment"17 FELIX FRANKFURTER,"The Process of Judging in the Su-preme Court” 34 Tom C.CLARK,“Inside the Court” 45 WILLIAM O.DoUGLAS,"In Defense of Dissent"JoHN M.HARLAN,“The Role of Oral Argument” 51 57 PART TWo COURT,CONGRESS,AND THE STATES WILLIAM O.DoUGLAS,“Judges and Legislators”65FELIX FRANKFURTER,“Reflections on Reading Statutes”74OwEN J.RoBERTS,“Protecting the Court's Independence”94WILLIAM J.BRENNAN,JR.,"State Court Decisions and theSupreme Court”103 PART THREE PRECEDENT,SEGREGATION,22AND THE LAW JAMES F.BYRNES,“Usurpation by the Court”113WILLIAM O.DoUGLAS,"Stare Decisis"(Let the Decision Stand) 122 WILLIAM J.BRENNAN,Jr.,"Law and Social Sciences"143 PART FOUR LIBERTY AND JUDICIAL REVIEWRoBERT H.JACKSON,"The Supreme Court as a PoliticalInstitution”153Huco BLACK,“Absolutes,Courts,and the Bill of Rights”173 # Preface My greatest debt in assembling this collection is to the Justices ofthe Supreme Court who made copies of their printed or typescriptaddresses available to me:Chief Justice Earl Warren and AssociateJustices Hugo Black,William O.Douglas,Felix Frankfurter,Tom C.Clark,John M.Harlan,William J.Brennan Jr.,Charles E.Whittaker and Potter Stewart.While limitations of space made itimpossible to include a speech by each of the present Justices andtopical coverage sometimes required the choice of one speech andrelegation of parallel speeches to the Bibliography,my understand-ing of the scope and tenor of judicial commentary was widenedconsiderably by having read all of the speeches. For assistance in collecting speeches of previous members of theCourt,I am especially indebted to Mr.Justice Frankfurter andMr.Justice Harlan,and to their respective secretaries,Elsie Douglasand Ethel McCall.Helen Lally of the Library of the SupremeCourt and Morris Cohen,Associate Librarian of Columbia Uni-versity Law School were most cooperative in the face of tryingcallslips and queries.My wife,Bea,and Eleanor and RobertMiller aided me,to the straining of vocal chords,in the readingof manuscript and proofs. # Introduction:On the View from Inside John W.Davis,one of the masters of courtroom argument,oncesuggested in a lecture on the art of oral advocacy that this was asubject to be presented by judges,not by practicing lawyers.“Who would listen to a fisherman's weary discourse on fly cast-ing,"he asked rhetorically,"if the fish himself could be inducedto give his views on the most effective method of approach?”A few years later,quoting Mr.Davis'remark,Justice Robert H.Jackson delivered a delightful and revealing lecture on“AdvocacyBefore the United States Supreme Court,"billing the speech as"some meditations by one of the fish.”Mr.Davis'quest for theinner perspective parallels the purpose of this short volume on theSupreme Court;Justice Jackson's willingness to speak aboutthings other than lower-court reform and legal ethics signifiesthe tradition among Supreme Court members which makes thiscollection possible. Our normal panorama of the Supreme Court comes from theformal opinions written by the Justices.A majestic“Affirmed”or“Reversed”—without further explanation—has never beenthe mode of judicial communique in this country.Since theCourt's first

FAQs

What is the main purpose of the collection described in the preface and introduction?

The collection presents Supreme Court perspectives through speeches and addresses available from justices, aiming to widen understanding beyond the formal opinions by addressing the inner viewpoint and commentary tradition.

Why does the introduction argue that Supreme Court opinions are not “picture-windows” onto the Court?

It states that opinions provide only results because the Supreme Court does not deliberate in public, leaving the process that produced the outcome obscured.

What kinds of information does a careful reader find in Supreme Court opinions?

The introduction notes data about judicial review, lines of agreement and division within the Court, major constitutional theory debates, relationships with Congress, the President, and the States, and social and economic issues affecting each decade.

Sep 28, 2026

Uploaded by Logic