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Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices Noah Feldman Idea came from Amazon

In Marriott Library:

  • Marriott Library LVL 3: Browsing Collection (KF8744 .F45 2010 )

From Publishers Weekly As a conservative Supreme Court flexes its muscles against a Democratic president for the first time since the New Deal, a series of recent books has explored the constitutional battles of the Roosevelt era and their contemporary relevance. Harvard law professor Feldman's Scorpions focuses more on the battles of the 1940s and 1950s, and it is distinguished by its thesis that the "distinctive constitutional theories" of Roosevelt's four greatest justices, all of whom began as New Deal liberals--Hugo Black, William O. Douglas, Felix Frankfurter, and Robert Jackson--have continued to "cover the whole field of constitutional thought" up to the present day. Feldman argues that Black, the liberal originalist; Douglas, the activist libertarian; Frankfurter, the advocate of strenuous judicial deference; and Jackson, the pragmatist; achieved greatness by developing four unique constitutional approaches, which reflected their own personalities and worldviews, although they were able to converge on common ground in Brown v. Board of Education, which Feldman calls the last and greatest act of the Roosevelt Court. The pleasure of this book comes from Feldman's skill as a narrator of intellectual history. With confidence and an eye for telling details, he relates the story of the backstage deliberations that contributed to the landmark decisions of the Roosevelt Court, including not only Brown but also cases involving the internment of Japanese-Americans, the trial of the German saboteurs, and President Truman's seizure of the steel mills to avoid a strike. Combining the critical judgments of a legal scholar with political and narrative insight, Feldman is especially good in describing how the clashing personalities and philosophies of his four protagonists were reflected in their negotiations and final opinions; his concise accounts of Brown and the steel seizure case, for example, are memorable. And he describes how the rivalries and personality clashes among the four liberal allies eventually drove them apart: Hugo Black's determination to take revenge on those who offended his Southern sense of honor led him to retaliate not only against Jackson and Chief Justice Harlan Fiske Stone but also against the racist Southerners who had disclosed his former Ku Klux Klan membership to the press. Not all readers will be convinced by Feldman's thesis that the judicial philosophies of the Roosevelt justices continue to define the Court's terms of debate today: on the left and the right, there are, for example, no advocates of Frankfurter's near-complete judicial abstinence or of Douglas's romantic libertarian activism. And in the political arena, the constitutional debates of the 1940s and '50s seem less relevant today than those of the Progressive era, when liberals first attacked the conservative Court as pro-business, and conservatives insisted that only the Court could defend liberty in the face of an out-of-control regulatory state. But Feldman does not try to make too much of the contemporary relevance of the battles he describes: this is a first-rate work of narrative history that succeeds in bringing the intellectual and political battles of the post-Roosevelt Court vividly to life.

528 pages


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Roosevelt's Secret War: FDR and World War II Espionage Joseph Persico Idea came from PresidentProfiles.com

In Marriott Library:

  • Marriott Library LVL 2 (D810.S7 P45 2001 )

User Review:

Intelligence professionals will be very disappointed by this book, citizens interested in Presidential approaches to intelligence, somewhat less so. The author's brilliant biography of William Casey, OSS Veteran and Director of Central Intelligence under President Ronald Reagan, was a much more satisfying book. What we have here is by and large a mish-mash of the works of others, together with an original composition on FDR's involvement in intelligence that is uneven--partly because the subject did not put much in writing, and partly because the author chose to rely primarily on secondary published sources.

From the perspective of one interested in "Presidential intelligence," that is, how does a President manage various means of keeping informed, the book is a must read but also a shallow read. We learn that FDR was a master of deception and of running many parallel efforts, balancing them against one another. We learn that FDR was remarkably tolerant of amateurism and incompetence, while good at finding the gems these same loose but prolific intelligence endeavors could offer.

Perhaps most importantly, we gain some insights into how Presidents, even when properly informed by intelligence (e.g. of Pearl Harbor in advance, or of the lack of threat from domestic Americans of Japanese descent) must yet "go along" and provide either inaction pending the public's "getting it", or unnecessary action (the internments) to assuage public concern.

There are enough tid-bits to warrant a full reading of the book, but only for those who have not read widely in the literature of intelligence and/or presidential history. The British lied to the President and grossly exaggerated their intelligence capabilities, in one instance presenting a man "just back from behind the lines" when in fact he was simply on staff and lying for effect. We learn that the Department of State was twice offered, and twice declined, the lead on a global structure for collecting and processing intelligence. We learn that FDR himself concluded that Croatia and Serbia would never ever get along and should be separate countries.

On the NATO side, we learn that Eisenhower went with bad weather and the invasion succeeded in part because of a successful deception and in part because of Ike's courage in going forward in the face of bad weather--fast forward to how weather incapacitates our high-technology today. Most interestingly, we learn that FDR finally approved Eisenhower as leader of Overload, in lieu of his favorite, General Marshall, in part because he recognized that the allied joint environment required a general and a politician in one man.

This book is a hybrid, attempting to mesh presidential history with intelligence history, and perhaps this should gain the author some margin of tolerance. Unfortunately, in focusing on the relationships among the various intelligence principals and the president, he seriously passes over the enormous contributions of military as well as civilian and allied intelligence to the larger undertaking, and one is left with the narrow impression that American intelligence consisted largely of a number of self-serving clowns vying for Presidential favor.

The flaws inherent in a Federal Bureau of Investigation dominated by J. Edgar Hoover, and the lack of cooperation between the FBI and other major intelligence activities that continues today, are noted throughout the book.

Bottom line: worth buying and reading to gain insight into the challenges facing a President who can become isolated from reality by a corporate staff, but nowhere near the quality of Christopher Andrew's For the President's Eyes Only, or any of many good histories of espionage in World War II.

608 pages