Supreme Power

Ted Stewart is a sitting U.S. District Court Judge and the latest literary production of his fine legal mind is ‘Supreme Power. 7 Pivotal Supreme Court Decisions That Had a Major Impact on America’.

Some of these cases are very well known. The best known must be Plessy v. Ferguson (1896) which played an integral role in the story of African American civil rights, providing legal sanction for racial segregation until it was overturned by Brown v. Board of Education in 1954. The least well known, at least by name, may be the most recent, namely, Obergefell v. Hodges (2015) which legalized same-sex marriage throughout the United States. All seven have been expertly chosen to illustrate the way in which the judicial review exercised by the Supreme Court can radically effect changes to American society, sometimes in ways not foreseen at the time and sometimes only after a very considerable lapse of time.

A case in point is Lochner v. New York (1905). Lochner was fined under the terms of the 1895 New York Bakeshop Act which, amongst things, prescribed a maximum working day of ten hours in bakeries. Lochner’s appeal, which went all the way up to the Supreme Court, was based upon his claim that the hours agreed between employer and employee should be unlimited as long as their contract was freely entered into – a view with which the Supreme Court Justices concurred by a majority of 5 to 4.

Lochner v. New York was thus a milestone in civil rights for Labour in the United States, albeit a milestone in the wrong direction, returning workers to a position in which they could be exploited by unscrupulous employers. However, Stewart’s real interest in this judgment arises from the fact that in the course of making their ruling the Justices took it upon themselves to define what was meant by ‘liberty’, in order to assess whether the liberty interest of the Fourteenth Amendment had been violated, and the Supreme Court thereby accrued the power to veto any legislation it deemed to be an unreasonable infringement of liberty, which had enormous consequences in the 1960s when it led to a majority of the Supreme Court not only overturning the last vestiges of the Comstock laws at state level in Griswold v Connecticut (1965) but legalising abortion in Roe vs. Wade (1973).

This may all, in my account, seem terribly complex but Stewart writes with limpid clarity, establishing precisely how the law operated and what was at stake. Historians will value his book, as will anyone, not least the general reader, who wants to understand the mechanics of the judicial branch of the U.S. constitution.

On the surface, reading a book about Supreme Court cases seems daunting, and certainly something that most casual readers would not aspire to do. Books about the Supreme Court tend to be reserved for those with a special admiration for history and the law. However, Ted Stewart is able to present seven cases in a laid-back manner creating a primer on the Supreme Court which is easy to understand and cultivate knowledge from.

Stewart opens the book with a quick exploration of the formation of the Supreme Court, the intentions of the Founding Fathers, and what powers the Constitution actually gives to the federal and state governments. This brief history lesson allows the reader to prepare their mind without prejudice for the legal battles which will follow.

The seven cases presented range from well-known cases such as Marbury v. Madison or Plessy v. Ferguson, that have been covered ad nauseam (and rightfully so) throughout an individual's scholastic endeavors to little known, yet vital cases like Lochner v. The State of New York. Stewart is able to convey why the case came to be, what the pertinent facts were, how the Supreme Court approached the case, and the lasting impact of each ruling. Each case is fascinating in its own right, and how the precedent established from each one has shaped our country, altered the power of the federal government, and even at times usurped the Constitution is incredible. For example, going from overtime rights of bakers to abortion rights seventy years later is a fascinating legal journey which most readers never would have made without Stewart's guidance.

This book does not condone or condemn the rulings of the Supreme Court, but rather presents the facts and impact for the reader, and then allows the audience to determine if and when the Court has gone too far.

A must read for every American to truly understand the inner workings of our government, how it affects our daily lives, and the political system of our country.

Interesting read. Learning how the highest legal entity works makes fascinating reading. Briefs of the cases and what the court found is very interesting. Anyone interested in law should read this. Would recommend this book.