The Constitution, The Supreme Court, and History


Prof. Paul Finkelman
Book Review appears in Issue 2
Citation: 88 Texas L. Rev. 353 (2009)

Professor Finkelman reviews two books on constitutional and Supreme Court history: The Supreme Court and the American Elite, 1789–2008 and The Supreme Court: An Essential History.

He notes that both books illustrate the complexity of studying history and the futility of originalism as a method of constitutional interpretation.  Finkelman argues that each book’s academic contribution is important, however, because history is vital to a complete understanding of the Constitution and the Supreme Court’s constitutional jurisprudence.