The Will of the People

By Barry Friedman,

Book cover of The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution

Book description



In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history’s most contested presidential elections. Yet for all their power, the justices never face election and hold their…

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Why read it?

1 author picked The Will of the People as one of their favorite books. Why do they recommend it?

In this majestic study Friedman explores the relationship between public opinion and Supreme Court decisions over American history. 

Friedman’s central argument is that the Supreme Court does not stand apart from the rest of the society in which it operates. Building on the work of Robert McCloskey and Robert Dahl, Friedman argues that over time the Supreme Court reflects the views of society at large. 

The book is very well-researched and filled with fascinating, sometimes delightful, historical tidbits. It is written for an educated general audience.

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Grand Old Unraveling By John Kenneth White,

It didn’t begin with Donald Trump. When the Republican Party lost five straight presidential elections during the 1930s and 1940s, three things happened: (1) Republicans came to believe that presidential elections are rigged; (2) Conspiracy theories arose and were believed; and (3) The presidency was elevated to cult-like status.

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