Thoroughly revised and updated for this fourth edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional and statutory interpretation, judicial federalism, and the role of the judiciary. 

Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.

Brand new readings from:

• Justice Joseph Story’s classic, Commentaries on the Constitution,
• Justice David Souter on constitutional interpretation and criticisms of “originalism,”
• Justice Clarence Thomas on why he champions a jurisprudence based on “the original understanding” of the Constitution,and
• Judge Jeffrey Sutton on federal-state court relations and constitutional law.

Important improvements also include:

• More attention to rival theories of constitutional interpretation,
• Completely revised and updated introductory essays, and
• An updated bibliography with listings of recent publications by justices and judges.

Brand new readings from:

• Justice Joseph Story’s classic, Commentaries on the Constitution,
• Justice David Souter on constitutional interpretation and criticisms of “originalism,”
• Justice Clarence Thomas on why he champions a jurisprudence based on “the original understanding” of the Constitution,and
• Judge Jeffrey Sutton on federal-state court relations and constitutional law.

Important improvements also include:

• More attention to rival theories of constitutional interpretation,
• Completely revised and updated introductory essays, and
• An updated bibliography with listings of recent publications by justices and judges.

CQ Press is pleased to comply with the Higher Education Opportunity Act. Please email heoacompliance@cqpress.com for additional information that may be available. Be sure to include your name, contact information, academic affiliation, and the title, author, and edition of the book in question.

Contact us at collegesales@cqpress.com if we may assist you in your book selection or if you have feedback to share. Thank you for your consideration of CQ Press books.

Introduction

Part I Judicial Review and American Politics: Historical and Political Perspectives

Introduction  

• The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury  
  • Chief Justice Warren E. Burger, Supreme Court of the United States
• The Supreme Court in the American System of Government  
  • Justice Robert H. Jackson, Supreme Court of the United States
• The Two Faces of Judicial Activism
  • Judge William Wayne Justics, U.S. District Court, Eastern District of Texas

Part II The Dynamics of the Judicial Process

Introduction  

• Advice and Consent in Theory and Practice  
  • Judge Roger J. Miner, U.S. Court of Appeals, Second Circuit
• The “Fight” Theory versus the “Truth” Theory  
  • Judge Jerome Frank, U.S. Court of Appeals, Second Circuit
• The Adversary Judge: The Experience of the Trial Judge  
  • Judge Marvin E. Frankel, U.S. District Court, Southern District of New York
• The Business of the U.S. District Courts  
  • Judge D. Brock Hornby, U.S. District Court, District of Maine
• What I Ate for Breakfast and Other Mysteries of Judicial Decision Making  
  • Judge Alex Kozinski, U.S. Court of Appeals, Ninth Circuit
• Whose Federal Judiciary Is It Anyway?  
  • Judge Stephen Reinhardt, U.S. Court of Appeals, Ninth Circuit
• What Really Goes on at the Supreme Court  
  • Justice Lewis F. Powell Jr., Supreme Court of the United States
• The Supreme Court’s Conference  
  • Chief Justice William H. Rehnquist, Supreme Court of the United States
• Deciding What to Decide: The Docket and the Rule of Four  
  • Justice John Paul Stevens, Supreme Court of the United States
• The Role of Oral Argument 
  • Justice John M. Harlan II, Supreme Court of the United States
• The Dissent: A Safeguard of Democracy
  • Justice William O. Douglas, Supreme Court of the United States

Part III The Judiciary and the Constitution

Introduction  

• Commentaries on the Constitution of the United States
  • Justice Joseph Story, Supreme Court of the United States
• The Path of Law  
  • Justice Oliver Wendell Holmes Jr., Supreme Court of the United States
• The Judge as a Legislator  
  • Justice Benjamin N. Cardozo, Supreme Court of the United States
• The Notion of a Living Constitution  
  • Chief Justice William H. Rehnquist, Supreme Court of the United States
• A Relativistic Constitution 
  • Judge William Wayne Justice, U.S. District Court, Eastern District of Texas
• The Jurisprudence of Judicial Restraint: A Return to the Moorings  
  • Judge J. Clifford Wallace, U.S. Court of Appeals, Ninth Circuit
• Tradition and Morality in Constitutional Law  
  • Judge Robert H. Bork. U.S. Court of Appeals, District of Columbia Circuit
• What Am I, a Potted Plant? The Case Against Strict Constructionism  
  • Judge Richard A. Posner, U.S. Court of Appeals, Seventh Circuit
• Originalism: The Lesser Evil  
  • Justice Antonin Scalia, Supreme Court of the United States
• Judging
  • Justice Clarence Thomas, Supreme Court of the United States
• The Constitution: A Living Document  
  • Justice Thurgood Marshall, Supreme Court of the United States
• The Constitution of the United States: Contemporary Ratification  
  • Justice William J. Brennan Jr., Supreme Court of the United States
• On Constitutional Interpretation
  • Justice David H. Souter, Supreme Court of the United States
• Speaking in a Judicial Voice: Reflections on Roe v. Wade  
  • Justice Ruth Bader Ginsburg, Supreme Court of the United States
• Our Democratic Constitution  
  • Justice Stephen G. Breyer, Supreme Court of the United States
• Against Constitutional Theory  
  • Judge Richard A. Posner, U.S. Court of Appeals, Seventh Circuit

Part IV Our Dual Constitutional System: The Bill of Rights and the States

Introduction  

• The Bill of Rights  
  • Justice Hugo L. Black, Supreme Court of the United States
• Guardians of Our Liberties—State Courts No Less Than Federal  
  • Justice William J. Brennan Jr., Supreme Court of the United States
• First Things First: Rediscovering the States’ Bills of Rights 
  • Justice Hans A. Linde, Oregon State Supreme Court
• What Does—and Does Not—Ail State Constitutional Law
  • Judge Jeffrey S. Sutton, U.S. Court of Appeals, Sixth Circuit

Appendix A: Constitution of the United States, Article III 
Appendix B: The Federalist, No. 78, Alexander Hamilton 
Appendix C: Selected Bibliography of Off-the-Bench Commentaries 
Appendix D: Time Chart of Members of the Supreme Court of the United States 
About the Editor