My Review of Sandra Day O’ Connor’s Out Of Order: Stories from the History of the Supreme Court

“I wanted to write about aspects of the Court’s rich heritage that interested and inspired me. Hence this book. Only when we reflect on the Court’s journey as a whole can we truly appreciate the remarkable feat of our Founding Fathers and the remarkable accomplishments of our thriving federal judiciary.”

From the Introduction

Written in a conversational style, retired Associate Justice of the Supreme Court Sandra Day O’ Connor, has provided us with a short and interesting history of the Supreme Court of the United States (SCOTUS) highlighting the history of the Court, the early requirements of “circuit riding” which took the Justices away from their families and work for long periods of time, as well as snapshots of some of the men (especially prior to her ascension to the Court in 1981) who sat on the bench since its inception in 1791, and some interesting developments in the location of the court as well as its operational development over the course of its history.

As I read, two (among many others) fascinating and interesting facts about the court I did not know prior to reading this book emerged, illustrating the unique contribution of this book to an understanding of SCOTUS. First, from its inception in 1789 until the Evarts Act in 1891 which created the three-tier system of federal courts, all of the Justices who sat on the bench were required to circuit ride across the US to hear cases. The result, by the time of the Evarts Act, was a three year backlog of work not to mention the physically taxing demands of travel (especially in the early days of the Court) on the Justices. Only after a century of existence were the Justices able to focus on their work in Washington. Even now however, there remains Justice O’Connor notes, a desire to see the court get out of Washington and, quoting Yale Law Professor Akhil Amar “sit with fellow federal judges elsewhere in the country in order to make them more attentive to state law and different perspectives in this vast country of ours.”

The second was the transition from being required of Congress to have “a large mandatory docket” to the now practice of “certiorari” which allows the Court to select those cases it will choose to review. The Evarts Act (mentioned above) was the first step, according to O’Connor to help alleviate the overload, but it was not until 1925 and the Judiciary Act of 1925 that the Court was able to establish a more discretionary docket.

I liked this book because Justice O’Connor provides, in my opinion, a varied and interesting look at this vital American institution. This brief book is treasure trove of stories and insights of the US Supreme Court that a reader who is interested in the history of court itself will find fascinating. If you are looking for a more in-depth of the Court from a legal and constitutional perspective this is not the book for you. However, if you are interested in the development of the Court from its inception during the administration of George Washington, this is a wonderful book to read.

I rate this book a ‘great’ read!

Note: I received an uncorrected proof of this book via the Amazon Vine Program in exchange for a review. I was not required to write a positive review.

My Review of Intelligent Governance for the 21st Century

“Intelligent governance['s]…chief aim is to seek a harmonious equilibrium in human affairs-between responsibility and personal choice, community and the individual, freedom and stability, well-being and well-behaving, humankind and nature, present and future-based on the wisdom of what has worked best when faced with the circumstances at hand.”

Here in the United States a constant refrain, at least in the part of the country I live in, has been a growing frustration with political grid-lock at the national level yet is also a frustration that is shared across my country and the rest of the world as well. Nicolas Berggruen and Nathan Gardels of the Nicolas Berggruen Institute offer their proposal for ending this gridlock and providing not just the United States but China and elsewhere with essential and intelligent governance with a new book Intelligent Governance for the 21st Century: A Middle Way Between West and East.

Published in 2012 by Polity Press, Intelligent Governance is rooted in the authors’ argument that “good governance must devolve power and involve citizens more meaningfully in ruling their communities while legitimizing the delegation of authority through decision-division to institutions that can capably manage the systemic links of integration.” (Emphasis the authors.) And it is rooted in the reality of stagnation in the West and an emerging China in the east.

Divided into nine chapters, Intelligent Governance, starts with an outline of several key questions in chapter one then on to a comparison of what they call “America’s Consumer Democracy verses China’s Modern Mandarinate” which they define, respectively as “a one-person-one-vote political system aimed at creating the greatest space for personal freedom and free markets in order to best enable the pursuit of happiness-more or less defined in our time as meeting the demand for short-term immediate gratification of the consumer culture,” and as one which “draws on the millennial heritage of pragmatic rule by learned and experienced elites-mandarins-based on merit, not by choice of the public.”

Then moving into chapters three and four, which I found to me the most interesting chapters of the book, they discuss the ‘hybrid possibilities’ between “liberal democratic democracy and meritocracy” as well as the challenges of governance in which the power of social media is clearly illustrated. Berggruen and and Gardels then enter into four chapters in which they lay out a template of intelligent governance and illustrate its application to the current state of affairs in California state government, the G-20, and Europe followed by a concluding chapter.

What I liked about the book was Berggruen and and Gardels’ acknowledgment of the serious issue of gridlock and short-term perspective in American politics which has contributed to the gridlock. I was also very much interested in their assessment of what appears to be an emerging Chinese return to a Confucian base of governance instead of the China Communist Party’s former emphasis on “class struggle.” But if their ‘template’ is for all governments then addressing the military as well as religiously led governments around the world needs to be a part of the discussion as well.

I rate this book a ‘good’ read.

Note: I received a copy of this book via Amazon Vine program in exchange for a review. I was not required to write a positive review.

Review of Thomas Mallon’s Watergate: A Novel

I loved this book. 

It took me back, behind the scenes, the turbulence, the acrimony, the finger pointing, and the very real and, at times, fearful national tension and angst, to the most historic event of my late teenage years. By the time Richard Nixon resigned in August, 1974 I was facing my junior year of high school and it would be only two short years (long though to a teenage boy) before I would vote in my first Presidential election in 1976. Thomas Mallon’s newly released fictionalized account of a 27 month time frame (May 1972 to August 1974) and beyond – (30 years in fact beyond to 2004) of American history that, on the heels of Vietnam, brings back the names of Halderman, Erlichman, Mitchell, Dean, Colson, Liddy, Hunt, and Nixon, does a wonderful job of taking us back to the mid-1970′s and political minefield and battleground that became simply known as “Watergate.”

Mallon has done a wonderful job of bringing out the tension that was known then; the deal making, the trials and investigations, and the resignation of an American President  and adding a wonderful dimension to the story that humanizes and yet stays close to the actual turn of events. He does so, I think, with the additions of  Pat Nixon, Eliot Richardson, Rosemary Woods, Nixon’s secretary,  Alice Roosevelt Longworth, and. very importantly, Freddy LaRue whose actions form a narrative spinal cord to which the rest of the story (and stories) are attached.

Written in a journal-like frame of reference, with dates for chapter headings, Mallon journals the Watergate drama in a straight narrative fashion, and I think, primarily through the eyes of LaRue who is a go-between for those responsible for the break-in at the Democratic National Offices and those who are trying to provide money to them (to some “hush money”). As he does so he does a great job of interweaving relevant back stories, notably between Nixon and Longworth, that add depth to the psychological and historical dimension of both Watergate and American politics and politicians. In a notable scene which has Longworth coming to the White House in the wee hours before Nixon was to depart we get a glimpse of a tread of historical continuity that the building itself has though Presidents, and their families, come and go:

“Alice pointed out the exceptionally bright lights that appeared to be on in the East Room. Several of the people who’d attended her wedding there had filed past Lincoln’s body in the same space forty years before that, but none of this was on her mind now; her attention and her will were fully focused on the present moment.”

What I liked about this book was the clean and untangled narrative that allows the reader to focus on the unfolding story without getting lost in side bar stories. The characterization was also simple, crisp, and within the boundaries of historic fairness and yet was deeply human and honest. And while there are no heroes in this story, the very human element of the main characters provide a moving and, I believe, somewhat sympathetic treatment of all the characters without favoring one or the other.

On my rating scale I rate this an “outstanding” read.

Note: I received an advance reader’s copy of this book from the Amazon Vine review program in exchange for a review of it. I was not required to write a positive review.

Thursday Thoughts: Could S&P be right?

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I am no economist and so my remarks for this morning should not be construed as such. I have read economic theory in the past but that was 30 years ago.

However given all the hub-bub over the downgrade of our credit rating by S&P last week and the fact many people, including our own elected leaders, have said we did not fully solve the problem, I have to ask, “Could S&P be right?”

I think they could be.

We have talked and argued and complained about our growing debt for years. Warnings about the dire economic (and even social) results of not addressing it have been made again and again.

S&P, in my opinion, finally called us, and I mean all of us in the US of A, on it with their actions last week.

So the finger point and the political posturing has to stop.

We have a problem that we must face.

And in my opinion, we now have the opportunity, to do so.

Out of all the talk I have heard and ideas I have read, only a guest yesterday on Tom Keene’s wonderful noon show on Bloomberg TV, Robert Albertson, has made sense to me, a guy in a small town. Click on the link to see the interview

http://www.bloomberg.com/video/73790866/

Which says to me that the best economic recovery tool…

… is a job.

So?????

These are my Thursday Thoughts

Thursday Thoughts: High School Entrepreneurship in a Small Town

Yesterday I completed my annual volunteer teaching of Junior Achievement of Northern Indiana’s seventh grade program. It is six weeks in length and I enjoy going to our local middle school each year to present it.

One of the members of my church, who works for a locally owned manufacturing company that does business in Asia and Europe, came and did a great presentation on what his company does and the importance of good math, people, and communication skills. It was a vivid reminder to me that the marketplace is truly a global village these days.

But I also brought a treat, the picture of which appears at the beginning of this post. You may have noticed that it was made by students of East Noble High School. That is our local high school and it has a wonderful program called Career Pathways in which, according to our local paper, The News-Sun, “links high school course work and careers.”

One of the career pathways is called the business and information pathway and this past February, again according to the newspaper article, students began “experimenting with ice cream flavors” as part of their course work. The result, as you already know, was a product that our local ice cream maker, Atz Ice Cream, produced and is now available at our local Walmart as well as other locations.

Here is, I believe, most of the productive development team

I shared this treat with the seventh grade class and pointed out to them, that developing business skills is something that can take place now and not just later on. And I know that this is a common theme with teachers these days in many places regarding not just business skills per se, but work skills and habits as well as a strategic knowledge base vital to meaningful employment.

Fourteen flavors were submitted for use and the winning flavor, “Sweet Tooth” was actually a home made recipe for a special family desert with one of the students and the name was chosen by another student member. They are now involved in marketing the product.

I was very impressed with the product and so were those seventh graders! (Much to the frustration of some family members, I left the remainder with the Middle School Staff for their enjoyment!)

I am so very pleased to share this story because it reinforces my view that giving high school and I think even middle school students the opportunity to develop vital entrepreneurial skills now is a vital part of a community’s economic life and health, especially in rural and small town America.

Good job East Noble Knights!

These are my Thursday Thoughts

(Special thanks to the Kendallville News Sun for the use of the photo and an electronic copy of the article to quote from.)

Reading the Presidents, Part 3 (Final Installment)

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With my finishing George W Bush’s Decision Points a few days ago and my reading of Barak Obama’s Dreams from My Father back before he was both nominated and elected the United States’ 44^th President, I have completed a reading project that I began in 1981/82 and decided to finish in earnest after President Obama’s election two years ago – that of reading a biography/autobiography of every American President.

It started with Richard Nixon’s memoirs, then onto Robert Caro’s wonderful multivolume work on Lyndon Johnson (for which I am patiently waiting for the fourth and probably final volume), then onto Gerald Ford’s autobiography. Years passed with a reading here and there of a President.

Finally, after a break in the summer of 2009, I began the final leg of the journey in chronological order starting with Washington and working forward in order of election. I suggest that if you want to engage a similar project that you read them in this order as it will provide you a fascinating contrast in both the books your read and in the tapestry of history that is woven as you read.

Since my last update nearly a year ago now I have read the following books:

Millard Fillmore: Biography of a President by Robert J Rayback,

President James Buchanan by Philip Shriver Klein

The Presidency of Franklin Pierce by Larry Gara

Andrew Johnson: A Biography by Hans L Trefousse

Ulysses S Grant: Soldier and President by Geoffrey Perret

Rutherford B Hays by Hans L Trefousse

James A Garfield by Ira Rutkow

Chester A Arthur by Zachary Karabell

Grover Cleveland by Allan Nevins

Benjamin Harrison by Charles W Calhoun

William McKinley by Margaret Leech

The Shadow of Blooming Grove: Warren G Harding in His Times by Francis Russell

The Autobiography of Calvin Coolidge by Calvin Coolidge

Herbert Hoover: A Biography by Eugene Lyons

JFK by Robert Dallek

George HW Bush by Timothy Naftali

Decision Points by George W Bush

While I learned valuable facts and was presented with a variety of perspectives on both the men in office and the culture of their day, political and otherwise, in all the books of this group I read, Perret’s bio of Grant, Leech’s bio of McKinley, Russell’s bio of Harding and Coolidge’s plain spoken and simple autobiography stood out to me. However, each of the others provided good background to the policies, culture, and politics of the day.

Now, having read a book on all forty-four Presidents, here are some summary thoughts about themes that stood out to me. (I hint at or address aspects of these in my other two posts on this subject, found here http://jimkane.wordpress.com/2009/05/16/reading-the-presidents-part-1/ and here   http://jimkane.wordpress.com/2010/01/16/reading-the-presidents-part-2/)

1. The development of the office from an executive director type position to a strong executive branch and leader.

From my reading, the Presidency prior to Andrew Jackson was overshadowed by a strong legislative branch. Yes there was Washington, both Adams, Jefferson, Madison and Monroe, all who have influenced our political and international history and shaped our policies over the decades. That all changed with the election of Andrew Jackson. His strong personality changed the Presidential office forever. And he threw American politics into a higher gear.

2. Some shaped the office and the direction of the nation who are not listed among the “top Presidents” on many scholars list.

Two cases in point: James Polk and Andrew Johnson. Polk set the very important precedent of succession in 1841 when he assumed, much to the grave displeasure of the Whig Party and Henry Clay, the Presidency after the first death in office by William Henry Harrison. The precedent would stand until the 39^th amendment ratified in 1967, after the deaths of Taylor, Lincoln, Garfield, McKinley, Harding, FDR, and JFK occurred (and which in several instances left the office of Vice President vacant for the reminder of the assumed terms), which laid out the line of succession when the President died in office.

Johnson, who assumed the office after Lincoln’s assassination, and narrowly escaped impeachment, set the tone of the country in a direction that, I believe, would have been vastly different to the direction Lincoln would have gone. Race relations and the redevelopment and development of the American south, among other things, were affected by Johnson’s time in office. But, as the next point will highlight, there was a growing western influence and industrial base that began to grow no matter who was President.

3. Forces, some regional and, later on national, then international, often exerted a greater influence on a President that is perhaps realized.

I think that this is the case in the administrations of Fillmore, Buchanan, and Pierce. The fever pitch sectional differences between North and South (and both had their supporters in the opposing regions) created a force that these men were powerless to change. Of course political coalitions (and parties) were very much a part of the 1850’s as the parties of that day were more like political amoebas than the strong and vast organizations of today. Those coalitions, I think, were though, as much to blame for the gridlock on not just slavery but a whole host of issues, in a nation that was beginning to become industrial and less a north/south nation and more of a north/south/west nation.

For Hayes, Arthur, Garfield, and Harrison, the push west and then into the Pacific, was a force that has implications still today for our nation. McKinley, and Mrs. Leech does a wonderful job on this point, brings to the front the international situations of Cuba and the Philippines that forced him, to be the predecessor to the 20^th century Presidency (and now 21^st century).

Now, I know that a subject of often great contention not just today but I think in the past 40 years, given the rise of faith-based organizations on both the left and the right, has to do with Presidential faith. One of the interesting things about reading these books is that they span over a century of work (Edward Shepherd’s bio of Martin Van Buren, was written in the 1890’s). As a result, there are different treatments of a President’s faith. Some of the books that I read had little to say about it. Of the autobios that I read, (Grant, Coolidge, Nixon, Ford, Reagan, Clinton, Obama, and GWB) the later men have more to say about faith than the earlier men. I think that the cultural milieu of each author has an impact here.

Now of all the bios/autobios that I read in this endeavor, here the ones that have made an impression on me throughout the entire process.

Doris Kearns Goodwin’s A Team of Rivals on Abe Lincoln and her one volume on LBJ, Lyndon Johnson and the American Dream. (To hear her make a wonderful presentation about her work on Lincoln and her personal experiences with LBJ, go here http://jimkane.wordpress.com/2010/01/16/reading-the-presidents-part-2/ It is worth your time.)

Robert A Caro’s LBJ series is rich and wonderful. The third volume The Master of the Senate gives a wonderful introduction to the history of the US Senate and how LBJ overcame that history to become the Majority Leader.

Calvin Coolidge’s autobiography is a classic. Simple and direct with New England wit.

Joseph J Ellis’ American Sphinx: The Character of Thomas Jefferson gave me some new insights into our third President whose philosophy of government is still strong today.

Margaret Leech’s bio of William McKinley. At times McKinley is in the background as Leech brings the normal background of biography to the foreground to help the reader understand the emerging international environment that McKinley had to address while in office.

Geoffrey Perret’s bio of Grant brings out several valid points about the Civil War and its conduct as well as capturing what I believe was the essence of Grant’s personality – simple and humble. Grant’s own biography is worth the read. It is simply one of the most well written autobios that I have ever read. Period.

Robert Rayback’s bio of Millard Fillmore gives us a wonderful glimpse of a President that few care to know about. Well written and worth your time.

Finally Russell’s treatment of Harding is intense and deep. Written and published under a legal order that prohibited the publishing of letters between Harding and Carrie Phillips, it probes who Harding was and became in the context of his upbringing and life.

History happens and there are facts that are indisputable because they are observable and, as often is the case, recorded for posterity. But the challenge and the friction of history, that often cause people to react in strong ways, is the reason of “why” did such and such happen. That is where the personalities of historical study and the forces of the “why” collide into the moments in which various forces and personalities, as well as good and evil, operate.

What a country this is!

A Review of Robert Dallek’s bio of JFK

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“Kennedy’s presidency is better understood as a patchwork of stumbles and significant achievements.”

So concludes Robert Dallek‘s  in his biograhpy of John F Kennedy entitled An Unfinished Life.

An Unfinished Life is a well written and well researched biography of our 35th President whose tragic death is still debated and discussed today.

I found this biography of Kennedy to be honest, yet respectful in tone and scope. Dallek does not reassess JFK’s life in an tabloid fashion nor does he overlook Kennedy’s medical issues as well as his compulsive womanizing. He attempts to present JFK’s life and term in office in forthright terms.

Some may find Dallek’s unwillingness to dig in to the more “juicer” aspects of Kennedy’s life as lacking. But I find his willingness to assess Kennedy as President, a very fruitful effort.

This book brings to light the challenging themes of Vietnam, Cuba, nuclear proliferation, and civil rights and how Kennedy sought to deal with each one as he navigated a middle way, if possible, in these issues.

A ‘you are there’ attitude pervades this book with these previously named issues but it comes to a very effective climax, in my opinion, with the Cuban Missile Crisis of 1962.

A very helpful work and assessment of Kennedy, his character and his presidency.

Review of John Perry’s biography of Robert E Lee: A Life of Virtue

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“…humility was the key to Lee’s leadership ability. Men worked harder for him out of respect and admiration than they ever would have out of obligation or fear, or even self-preservation.” So concludes John Perry in a new assessment of one of America’s most beloved, and, as Perry points out, misunderstood generals, Robert E Lee

Part of Thomas Nelson’s new series The Generals, edited by Stephen Mansfield, Perry’s biography of the leading Southern general of the American Civil War, is a good introduction to the life and times of Lee. Well written, this tome, gives a light but solid overview of Lee’s life.

It is not a comprehensive and political assessment of Lee and his views on life, war, and politics. Nor is it a strong analysis of Lee and his work as general. Perry does point out that Lee did not care for or like slavery and that it was states’ rights and love of Virginia first that caused him to resign his US Army commission. And Perry also provides a proper and helpful understanding of the challenges Lee faced as a Confederate commander who dealt with chronic (and later overwhelming) shortages of men and material in doing battle against superior Union numbers and support. This is a biography that focuses on Lee’s character, his faith, and his love for his family.

I appreciated this book because it gave me an introductory understanding of a man that I have always known about through my love of American History but knew very, very little of. I recommend it as a great way to learn more about this legendary American military leader and man.

(Disclosure of Material Connection: I received this book free from Thomas Nelson Publishers as part of their Blogger Review program called Book Sneeze (www.booksneeze.com)  I was not required to write a positive review. The opinions I have expressed are my own. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”)

A Review of Eugene Lyons’ Herbert Hoover: A Biography

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“But personally, having studied his many lives with considerable diligence, I lean to the belief that in Hoover’s case it will be largely irrelevant how he is ranked in arbitrary assessments of presidential greatness. His life, I am convinced, will be measured less by what he did- colossal though it has been-than by what he was. Already, in fact, his country-men instinctively appraise him in moral rather than conventional political terms. They think of him, if  at all, not primarily as a President, however rated, but as a great American and a great human being – as truly good man, whose compassion reached out to embrace all humankind.” (Italics his)

So concludes Eugene Lyons assessment of our 31st President, Herbert Hoover.

Warmly, but honestly, written, Lyons’ biography, (published under this title in 1964 as a second edition to his first bio of Hoover in 1947) provides an honest assessment of a President who lived longer than any other President after leaving office. (1933 to 1964)

Lyons, whose own life was quite a story, sketches Hoover’s journey from West Branch, Iowa (the first President born west of the Mississippi) to Oregon to be raised by relatives (he had become an orphan due to the death of his mother and father) and then on to become a member of the first class at the newly opened Stanford University in 1891.

As he writes, Lyons notes Hoover’s strong work ethic that would created a deep and loyal following among people of many nations and a cadre of persons that would work for him for many years. Lyons also notes of Hoover’s quick thinking and assessment abilities in the field as a mining engineer.

In fact, Lyons does a thorough job of tracing the development of Hoover’s humanitarian heart and abilities through two World Wars. As he does so, Hoover’s leadership abilities are easily displayed.

In the segment dealing with service to the Harding and Coolidge administrations, Lyons notes Hoover’s conservative lifestyle starkly contrasted to Harding’s more active one while perhaps finding more of a fit in the quieter and equally conservative Coolidge entourage.

Lyons effectively seeks to redeem Hoover’s character and Presidential effectiveness from the mudslinging of the 30′s and 40′s when, from his perspective, he was snubbed by FDR and the rest of the nation. The challenging of assumptions about who was responsible for the depression is a highlight of the book.

But, while singing the praises of Hoover and his compassionate character across the decades, Lyons makes one thing clear. Hoover was not at his best as President.

There is more to this biography than I can write in a succinct way. Capably and honest written, Lyons’ work on our 31st President will provide the reader with a comprehensive, honest, and fair assessment of the life of our 31st President.

Review of the Autobiography of Calvin Coolidge

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Like the apocryphal story of a two word conversation with the poet and satirist Dorothy Parker (who thought she could get more than two words out of him), Calvin Coolidge’s autobiography, published in 1929, is brief. The 30^th President of the United States, Coolidge assumed office after the death of the 29^th President, Warren Harding.

In this volume of fewer than 300 pages, Coolidge simply sketches his childhood and the values he learned from his rural Vermont upbringing; then to his time at boarding school and onto Amherst College; his choice of law as a profession and his subsequent rise up through the ranks of public service; and the rise to the Presidency.

I believe that Coolidge could have been an introvert (hence his reputation as a person of few words.) And this tendency would color his choice of words and what he chose to write.

I believe that reading a Presidential autobiography is valuable experience in understanding the men who occupied that office. I have read Grant’s and Clinton’s and both are substantially larger and more detailed works than Coolidge’s. But to hear Coolidge in his own words leads the reader toward a more valuable understanding of him.

I did enjoy reading this book and believe that our 30^th President was a humble man.

And since he had the distinction of being the first President to be recorded on “talking pictures” I refer the reader of this review to this link at archive.org http://www.archive.org/details/coolidge_1924 as well as a link to the autobiography at the same site here http://www.archive.org/details/autobiographyofc011710mbp

There are other resources on him as well.