The Political Supreme Court: A Forgotten History (W. Hodding Carter III Books)

Today’s Supreme Court justices bristle at the label “politicians in robes,” insisting that they operate above the fray of partisan politics. But for the first century of the nation’s history, the Court was unmistakably a political institution, both by design and in practice. Justices were fully expected to engage in partisan politics—there was no concern that such engagement would lead to corruption or undue bias—and they remained deeply involved in civic debate and the electoral process while on the bench. In addition to hearing cases in the capital, each justice spent much of his time “riding circuit” and presiding over federal trial courts. On circuit and in Washington, nineteenth-century justices wrote for partisan newspapers, drafted legislation, advised partisan allies, campaigned for colleagues, and even ran for political offices from the bench. Through these political interactions, members of the Court helped shape debates about the Constitution’s meaning at a time when most Americans did not believe in judicial supremacy. In this sweeping history, Rachel A.