Out of Order -  Sandra Day O'Connor

Out of Order (eBook)

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2013 | 1. Auflage
256 Seiten
Random House Publishing Group (Verlag)
978-0-8129-9393-6 (ISBN)
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NEW YORK TIMES BESTSELLER

'I called this book Out of Order because it reflects my goal, which is to share a different side of the Supreme Court. Most people know the Court only as it exists between bangs of the gavel, when the Court comes to order to hear arguments or give opinions. But the stories of the Court and the Justices that come from the 'out of order' moments add to the richness of the Court as both a branch of our government and a human institution.'--Justice Sandra Day O'Connor

From Justice Sandra Day O'Connor, the first woman to sit on the United States Supreme Court, comes this fascinating book about the history and evolution of the highest court in the land.

Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today. From the early days of circuit-riding, when justices who also served as trial judges traveled thousands of miles per year on horseback to hear cases, to the changes in civil rights ushered in by Earl Warren and Thurgood Marshall, from foundational decisions such as Marbury vs. Madison to modern-day cases such as Hamdi vs. Rumsfeld, Justice O'Connor weaves together stories and lessons from the history of the Court, charting turning points and pivotal moments that have helped define our nation's progress.

With unparalleled insight and her unique perspective as a history-making figure, Justice O'Connor takes us on a personal exploration, painting vivid pictures of Justices in history, including Oliver Wendell Holmes Jr., one of the greatest jurists of all time, Thurgood Marshall, whose understated and succinct style would come to transform oral argument, William O. Douglas, called 'The Lone Ranger' because of his impassioned and frequent dissents, and John Roberts, whom Justice O'Connor considers to be the finest practitioner of oral argument she has ever witnessed in Court. We get a rare glimpse into the Supreme Court's inner workings: how cases are chosen for hearing, the personal relationships that exist among the Justices, and the customs and traditions, both public and private, that bind one generation of jurists to the next--from the seating arrangements at Court lunches to the fiercely competitive basketball games played in the Court Building's top-floor gymnasium, the so-called 'highest court in the land.'

Wise, candid, and assured, Out of Order is a rich offering of inspiring stories of one of our country's most important institutions, from one of our country's most respected pioneers.

Praise for Out of Order

'[A] succinct, snappy account of how today's court--so powerful, so controversial and so frequently dissected by the media--evolved from such startlingly humble and uncertain beginnings.'--The New York Times

'A brief and accessible history of the nation's highest court, narrated by a true historical figure and a jurisprudential giant.'--The Boston Globe

'A vibrantly personal book [that] displays O'Connor's uncommon common sense, her dry wit and her reverence for the nation's institutions.'--Richmond Times-Dispatch

'Full of riveting anecdotes . . . a compact history . . . albeit a more lighthearted, personality-filled one than you might find in a high school classroom.'--Associated Press

From the Hardcover edition.
NEW YORK TIMES BESTSELLER“I called this book Out of Order because it reflects my goal, which is to share a different side of the Supreme Court. Most people know the Court only as it exists between bangs of the gavel, when the Court comes to order to hear arguments or give opinions. But the stories of the Court and the Justices that come from the ‘out of order’ moments add to the richness of the Court as both a branch of our government and a human institution.”—Justice Sandra Day O’Connor   From Justice Sandra Day O’Connor, the first woman to sit on the United States Supreme Court, comes this fascinating book about the history and evolution of the highest court in the land.   Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today. From the early days of circuit-riding, when justices who also served as trial judges traveled thousands of miles per year on horseback to hear cases, to the changes in civil rights ushered in by Earl Warren and Thurgood Marshall; from foundational decisions such as Marbury v. Madison to modern-day cases such as Hamdi v. Rumsfeld, Justice O’Connor weaves together stories and lessons from the history of the Court, charting turning points and pivotal moments that have helped define our nation’s progress.   With unparalleled insight and her unique perspective as a history-making figure, Justice O’Connor takes us on a personal exploration, painting vivid pictures of Justices in history, including Oliver Wendell Holmes Jr., one of the greatest jurists of all time; Thurgood Marshall, whose understated and succinct style would come to transform oral argument; William O. Douglas, called “The Lone Ranger” because of his impassioned and frequent dissents; and John Roberts, whom Justice O’Connor considers to be the finest practitioner of oral argument she has ever witnessed in Court. We get a rare glimpse into the Supreme Court’s inner workings: how cases are chosen for hearing; the personal relationships that exist among the Justices; and the customs and traditions, both public and private, that bind one generation of jurists to the next—from the seating arrangements at Court lunches to the fiercely competitive basketball games played in the Court Building’s top-floor gymnasium, the so-called “highest court in the land.”   Wise, candid, and assured, Out of Order is a rich offering of inspiring stories of one of our country’s most important institutions, from one of our country’s most respected pioneers.Praise for Out of Order  “[A] succinct, snappy account of how today’s court—so powerful, so controversial and so frequently dissected by the media—evolved from such startlingly humble and uncertain beginnings.”—The New York Times   “A brief and accessible history of the nation’s highest court, narrated by a true historical figure and a jurisprudential giant.”—The Boston Globe   “A vibrantly personal book [that] displays O’Connor’s uncommon common sense, her dry wit and her reverence for the nation’s institutions.”—Richmond Times-Dispatch   “Full of riveting anecdotes . . . a compact history . . . albeit a more lighthearted, personality-filled one than you might find in a high school classroom.”—Associated Press

Looming LargeHistoric Intersections of the President and the Supreme Court The role of the judicial branch in our system of government differs markedly from that of the executive branch. Each shoulders substantial powers and obligations under the Constitution. Whereas the Executive enforces the law, however, the Supreme Court interprets the law and has no power to command obedience or appropriate funds to enforce its orders. Whereas the President is elected by the people and serves for limited terms, federal judges are appointed by the President with the advice and consent of the Senate and serve for life. Whereas the Executive reflects the political will of the majority, the judiciary is designed to check assertions of power by the political branches. It thus comes as little surprise that throughout history, the Executive and the Supreme Court have intersected, overlapped, and even clashed. A story is told that William Howard Taft once found himself stranded at a small country railroad station. Informed that the express train would stop only for a large group of passengers, Taft wired the conductor: 'Stop at Hicksville. Large party waiting to catch train.' When the train stopped, Taft boarded, alone. He then turned to the confused conductor. 'You can go on ahead,' he declared. 'I am the large party.' We laugh at that story because we remember that Mr. Taft, at his heaviest, tipped the scales at over three hundred pounds. But as the twenty-seventh President of the United States and the tenth Chief Justice of the United States, he also was the only person ever to have tipped the scales by holding both of those incredibly 'large' offices--experiencing firsthand the responsibility of heading two of the most significant institutions in the free world. His time in these two roles put him on two different sides of the same constitutional coin. Indeed, our remarkable Constitution recognizes the individual 'largeness' of these governmental bodies while acknowledging that their relative strengths will at times coexist, at times collide, and nearly always manage to carry out the will of the majority while safeguarding the rights of the minority. A look at the dynamic between these two institutions speaks volumes about the genius of our Constitution. To find an example of the judiciary and the presidency surviving the collision of two larger-than-life personalities, we need not travel very far into the early days of our republic. Second cousins John Marshall and Thomas Jefferson were anything but the kissing kind. Indeed, their relationship was privately nasty and publicly only slightly better. Their exchanges--well documented, but not well-mannered--planted the seeds for an all-out war over the proper role of the judiciary vis--vis the other branches of government, and set the trajectory of constitutional law as we know it today. Jefferson almost was not our third president, coming to the post only after the House of Representatives broke an electoral tie vote in his race with Aaron Burr. Marshall almost was not our fourth Chief Justice, receiving the nomination from John Adams only after first choice John Jay declined reappointment. But once fate brought them to their respective positions of authority in 1801, Jefferson and Marshall came to blows in ways that put even today's climate of political acrimony to shame. Early in his administration, Jefferson attempted to have Marshall impeached. He accused him of 'irregular and censurable' behavior.1 In Marshall's hands, Jefferson lamented, 'the law is nothing more than an ambiguous text, to be explained by his sophistry into any meaning which may subserve his personal...

Erscheint lt. Verlag 5.3.2013
Sprache englisch
Themenwelt Geschichte Teilgebiete der Geschichte Militärgeschichte
Recht / Steuern Allgemeines / Lexika
Recht / Steuern EU / Internationales Recht
Recht / Steuern Rechtsgeschichte
Sozialwissenschaften Politik / Verwaltung
ISBN-10 0-8129-9393-4 / 0812993934
ISBN-13 978-0-8129-9393-6 / 9780812993936
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