Paul Finkelman, Albany Law School, Government Law Center, has just posted The
Constitution, the Supreme Court, and History. It appeared in the Texas Law Review (2009).
This article is a book review of The Supreme Court: An Essential History by Peter Hoffer, Natalie E. Hoffer, and Williamjames Hull Hoffer as well as The Supreme Court and the American Elite, 1789-2008 by Lucas Powe. Here, Professor Finkelman briefly surveys the books. He contrasts the two books and discusses their general strengths and weaknesses. Further, Finkelman examines how the authors deal with the way slavery affected both the United States Constitution and Supreme Court.
Hat tip:
Legal Theory Blog.