Jump to ratings and reviews
Rate this book

The Hidden History of the Supreme Court and the Betrayal of America

Rate this book
"Hartmann delivers a full-throated indictment of the U.S. Supreme Court in this punchy polemic." --Publishers Weekly

Thom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, lays out a sweeping and largely unknown history of the Supreme Court of the United States, from Alexander Hamilton's arguments against judicial review to modern-day debates, with key examples of cases where the Supreme Court overstepped its constitutional powers using the excuse of judicial review, and possible solutions.

Hartmann explains how the Supreme Court has spilled beyond its Constitutional powers in a series of rulings, including how it turned our elections over to American and foreign oligarchs with twin decisions in the 1970s, setting the stage for the very richest of that day to bring Ronald Reagan to power.

You'll hear the story of a series of Republican presidents who used fraud and treason to secure their elections, and how the GOP knew it but looked the other way because "the Court is hanging in the balance." A court that then went on to gut hundreds of pieces of progressive legislation, as Republicans had hoped.

Ironically, Hartmann points out, John Roberts (now the Court's Chief Justice), when he worked for Ronald Reagan in the 1980s, came up with a novel theory about how Congress could go around the Supreme Court. His goal was to effectively reverse Roe v. Wade and Brown v. Board, but in the process provides us with an elegant legal argument and legislative solution that could, in an emergency, be used by a progressive Congress and president to clean up much of the damage the Court has done in past decades.

Thomas Jefferson argued it is not the role of the Supreme Court to decide what the Constitution means, but rather the duty of the people themselves (and how they can do it). America may soon be forced to decide if it's going to continue to be governed as a constitutional monarchy, with nine unelected royals who have final say on everything, or if we are to revert to being a democratic republic as was largely the case before the late 1800s when America's first industrial era oligarchs corrupted the Court.

192 pages, Paperback

Published October 1, 2019

Loading interface...
Loading interface...

About the author

Thom Hartmann

110 books328 followers
Thom Hartmann is a progressive radio talk show host, author, and retired businessman who was born and grew up in Michigan.

His daily progressive radio talk show is syndicated and distributed to radio and television stations nationwide and in Europe and Africa.

Thom has spent much of his life working with and for the International Salem relief organization. In 1979 Hartmann and his wife Louise founded New England Salem Children's Village whose main purpose is to provide a home and a nurturing environment for neglected and emotionally disturbed children and New England Salem Childrens Trust (NESCT). Hartmann served as NESCT's Executive Director for five years, and on its board for over 25 years. Through his affliiation with German Salem International organization and with that group he helped start international relief programs in Uganda, Colombia, Russia, Israel, India, Australia, and several other countries between 1979 and today.


Thom Hartmann introduced the theory of hunters and farmers in his groundbreaking Attention Deficit Disorder: A Different Perception. In the book, Thom hypothesized that traits that were advantageous in a hunting culture - being alert to every sound in the environment, willingness to take risks, etc - became not so helpful when society switched to farming, and the prized trait was the ability to stick patiently to a task.

The hunters and farmers theory of ADHD children is the idea that they are the "hunters" who are able to take in continuous stimuli and react quickly to changing circumstances. Whereas, non-ADHD children are the "farmers" who are patient, methodical, and focused over long periods of time. Unfortunately for ADHD children, traditional schools teach for the patient "farmers", and not the alert and quick reacting "hunters."

In 1998 the New England Salem Children's Trust established The Hunter School and began to serve children who struggle in traditional education settings because of the educational and behavioral differences associated with ADHD. Hunter School, the Hunter School is a small, non-profit residential and day school where young boys and girls with Attention Deficit Disorder (ADD), Attention Deficit/Hyperactivity Disorder (ADHD) and Asperger's Syndrome are nurtured, educated and celebrated.

As an entrepreneur, Hartmann's also founded several successful businesses including Woodley Herber Company which operated until 1978. In 1983 he founded International Wholesale Travel and its retail subsidiary Sprayberry Travel and the Atlanta advertising agency Chandler, MacDonald, Stout, Schneiderman & Poe, Inc., which did business as The Newsletter Factory.

He sold his interest in that company in 1996 and retired to Vermont, although he and Louise now live in Washington D.C., complete with a radio studio and their mascot attack-cat, Higgins.

Ratings & Reviews

What do you think?
Rate this book

Friends & Following

Create a free account to discover what your friends think of this book!

Community Reviews

5 stars
89 (47%)
4 stars
67 (35%)
3 stars
25 (13%)
2 stars
3 (1%)
1 star
5 (2%)
Displaying 1 - 30 of 36 reviews
Profile Image for Derek.
Author 4 books53 followers
May 16, 2020
A 'must read' book for anyone who wants to understand how we arrived at a country that is no longer ruled by the people but instead ruled by the courts. Hartmann explains the historical underpinnings for the right wing judicial power grab that has trumped important public policy that we, the people, have enacted through congressional elections.
Profile Image for Ryan Ward.
366 reviews17 followers
July 2, 2023
Hartmann details how the Supreme Court became the bludgeon of corporations and billionaires and arrogated to itself power and jurisdiction not granted in the Constitution. Most importantly, he details ways that we can take back democracy from the court.
Profile Image for Travelin.
468 reviews44 followers
November 27, 2022
I honestly don't know who awarded this author "Thom" his bully pulpit. He's "written" dozens and dozens of unrelated books which probably all depend on fact-by-implication innuendo from radio monologues. I found myself agreeing with the author's outrage that the Supreme Court of 1972 was on record suggesting that decisions deserved remuneration.

But the essential problem is that unelected, lifetime appointees to the Supreme Court somehow managed to pass a decision in 1803 making the Supreme Court the final arbiter of all national laws. Jefferson knew this was dictatorship and that it had nothing to do with the Constitution, but at least the Court had the good grace not to exercise their astonishing power for decades. It doesn't matter. It was a giant mistake to make the Supreme Court an unelected, lifetime appointment.

When the Supreme Court did start behaving outrageously again, such as deciding, in the "Dred Scott Case," to instituionalize slavery, Lincoln at least had the essential courage to ignore them.

But this author is practically fawning about the Supreme Court decision to institutionalize abortion. We're treated to a "heartfealt" account of why the Supreme Court had to establish Roe v. Wade when elected legislature wouldn't. This is when I stopped. I am only mildly interested whether the author is singing a different tune with the Supreme Court's latest Roe v. Wade reversal.

The Supreme Court order to stop a recount of 2000 presidential ballots, thus handing the presidency to lowgrade parasite George W. Bush makes me nostalgic for Justice William Rehnquist's cancer. I hope it was painful.

But, honestly, none of this matters. Democracy requires active participation of the general public and far to many Americans have their heads up their asses. As this book points out, the U.S. and the U.S. Constitution were established to focus on business, and that's all Americans care about.

This book gets an extra star for mentioning the influence of the Iriquois constitution. Who knows if it's true. This author is a self-appointed radio personality, not an historian.
Profile Image for Claire.
649 reviews7 followers
August 11, 2023
The book traces the evolution of the Supreme Court. Much of the body of the discussion was about cases that led to changes and effects of some decisions made by SCOTUS. Of particular interest to me was the discussion of quotations of the founding fathers about the power/assumed lack of power of the judiciary.
Profile Image for John Hively.
Author 2 books14 followers
June 6, 2020
Another good read and research by Hartmann. Well written and thought provoking.
Profile Image for Michelle Malsbury.
54 reviews1 follower
October 31, 2019
The Hidden History Of The Supreme Court And The Betrayal Of America
Berrett-Koehler Publishers, Inc., ISBN 978-1-5230-8594-1
Non-Fiction-US Constitution, Supreme Court, USA, history, corporate America
178 pages
October 2019 Review for Bookpleasures
Reviewer-Michelle Kaye Malsbury, BSBM, MM
Review
Thom Hartmann, author of The Hidden History Of The Supreme Court And The Betrayal Of America, is a progressive talk show host on the national and international syndicate and author of over twenty four books that have been translated into numerous languages. (2019, back cover) He has won the Project Censored Award four times. Talkers Magazine designated him as the number one talk show radio host for over a decade running.
Hartmann opens with what he feels was our Founders vision and a quote from James Madison to which he adds “Hobbe’s ideas, with their faith in hierarchy and patriarchy, also formed a basis for today’s conservative movement. He believed that the essential nature of humans was evil (because the Bible tells us we’re all ‘born of woman’) and that man’s original state was a life of continual warfare and fear “During the time men live without a common power to keep all in awe…”.” (2019, p.12-13)
As our Founders contemplated how best to represent the newly formed USA they also considered members of the Iroquois Confederacy. (paraphrase, 2019, p.14) Benjamin Franklin wrote the following to James Parker. “It would be a very strange Thing, if six Nations of Ignorant Savages should be capable of forming a Scheme for such an Union, and be able to execute it in such a Manner, as that it has subsisted Ages…”. (2019, p.14-15) We did not yet have a court system and the Iroquois Confederacy did. It is clear that they, (our Founders), spent some time reflecting on how that might direct the formation of our Supreme Court.
Hartmann writes that “From the founding of our republic in 1789 until 1803, the Supreme Court was only the final court of appeals.” (2019, p.16) In the beginning stages of this process they were also working toward ratification of the Constitution. Many also suggested that perhaps the Supreme Court might possess too much power.
Hartmann interjects the following. “Today, another collision confronts America as more and more progressive politicians attain national office and push for more and more progressive policies. Will the current Supreme Court—dominated by originalist Republican-appointed judges—allow for progressive legislation to move America forward? Or will the Court restrain Congress, the President, and the American people by handing down arcane interpretations of the Constitution to prevent popular policies?” (2019, p.30)
I think that no matter where you sit in the political spectrum you may find this short book and interesting read. I enjoyed it.


Profile Image for Cindy.
1,120 reviews10 followers
May 23, 2022
A brief overview of the many ways SCOTUS has overstepped…. and now exists in the pocket of the fossil fuels industry… leaving the future of democracy and the planet itself in grave danger. An important read/listen! Equally important is to join the growing movement to demand term limits, a code of conduct, and other steps We The People must take to wrest control of our future before it’s too late.
1,064 reviews5 followers
February 24, 2020
Somewhat difficult to follow at times due to legalese, this is an incredible book, full of little known history and if you aren't mad as you read this book, you may have no soul. Clearly the founders did not foresee the weaponization of the Supreme Court and the lower Federal Courts.
Profile Image for Beth.
135 reviews3 followers
July 18, 2022
I actually had to stop reading because it made me so angry. Angry that the Supreme Court, backed by billionaires, has taken control of our country, and we, the people, are having our rights trampled. This book sickened me, so I stopped in my own best interest.
2 reviews
June 2, 2020
EXCELLENT book! So much information! Every United States citizen should read this carefully. There is so much we don’t know or understand about our country and its laws as they were written.
Profile Image for Amy.
257 reviews7 followers
Read
December 17, 2019

This book opens with a look at the philosophical ideas the United States’s founders borrowed from the likes of Montesquieu and Locke as well as ideas borrowed from the Iroquois Confederacy. It then moves on to describe the views on the Supreme Court from The Federalist Papers and how early cases, mainly Marbury v. Madison set the tone for the practice of Judicial Review and thus placed the Supreme Court as the final law of the land instead of Congress. Then Hartman transitions into proving his thesis, which boils down to the idea that the Supreme Court members are out for themselves, not serving the people. Following evidence from over 200 years worth of court cases he uses to support his claims, Hartman then proposes ways to take this power back.

While the book opened with a history lesson found in nearly every American Government textbook, everything that follows is divisive. Hard-core liberals will likely agree with everything Hartman covers, which is not surprising given he is a progressive radio host. On the opposite hand, hard-core conservatives are likely going to disagree with much of the book. However, the majority will agree with parts and disagree with others. Politics aside, Hartman provided evidence to support his thesis by looking at cases such as Alexander Hamilton’s defense, Roe v. Wade, and the 2000 Election. That said, as someone who studied both history and political science, I would have loved more details as this book was rather short for its lofty goal and I felt there could have been more depth. To help with that, if anyone feels as I do, all of his sources are cited and would be easy to locate for further information.

This review is based on a copy provided by FSB Associates.
72 reviews5 followers
September 28, 2023
I hate, hate, hate when people use the stock phrase "we, the people" because, first off, it's usually grammatically incorrect (example: "...depriving we, the people, of our rights..."). It sounds like garbage.

Secondly, when people use that stupid phrase, they don't mean it. Believe it or not, Americans are not monolithic. We are not insects in a hive mind where we all have one opinion. We, the people, don't all agree with anyone. So saying that this or that corporation is ignoring the will of "we, the people" (*gagging, retching noises*) is just wrong since there is no single will of the American people and because the corporation is made up of people who apparently have a will.

Anyway, the premise that judicial review of the constitutionality of laws is unconstitutional and wrong is stupid. The author argues that the president should decide for himself what laws are constitutional and Congress should be responsible for deciding which laws are unconstitutional. This would mean that no laws are unconstitutional since a majority of Congress would not pass a law that the same majority believed was unconstitutional.

The author's complaint that the supreme Court thwarts the will of the majority makes me scratch my head. It's a feature, not a bug. The supreme Court is supposed to protect the rights of unpopular minorities. It's supposed to say that Nazis have free speech rights the same as the rest of us. It's supposed to say that practitioners of Santeria have the same right to the free exercise of religion as the rest of us.

All in all, it's a dumb book built around a temper tantrum because the supreme Court decided a couple cases differently than he wishes they had.
Profile Image for Mike Lund.
131 reviews
April 19, 2024
Interesting and Thought Provoking

A good review of the Supreme Court, its history, it‘s rulings and its controversies. Mostly it ends up being an excellent review of court cases and how the court rulings changed our laws, culture and political system. But, it is also how the political parties throughout our history have tried to manipulate the court to meet their own agendas. The author is a Progressive radio host, so there are some rants. For the most part, these are well documented Supreme Court rulings. There is an abundance of foot notes (147) and references. Reading electronically allows you to jump out and independently research the cases. I found no issues with the case information I independently checked with other online resources.

One theme of the book is that political parties pack the court to support long term agendas. One example. Abraham Lincoln’s vice president was Andrew Johnson, a Southern Democrat and ex-slave owner. Johnson became President April 15, 1865. To keep Johnson from assigning a New Supreme Court Justice, the Republican controlled Congress passed the Judicial Circuits Act of 1866, reducing the Supreme Court size from 10 to 6. This kept Johnson from replacing a justice if one died or quit. In 1868, Republican Ulyses Grant became president and Congress passed the Judicial Act of 1869, increasing the size to 9. More recently, in 2016, Senate Majority Leader Mitch McConnell nullified President Obama‘s nomination of Merrick Garland to replace sitting Justice Antonin Scalia, who had just died. The Supreme Court is an important political instrument for both parties.
Profile Image for Karen Gedeon.
870 reviews5 followers
December 10, 2019
The Hidden History of the Supreme Court and the Betrayal of America by Thom Hartmann – This book is not for Republicans or old rich white men. If you are someone who has wondered what has happened to America this book will not only answer your questions, but it will make your blood boil. Historian Thom Hartmann has traced the least known branch of the federal government back through the constitution to the founding fathers sharing its history and it’s blatantly planned derailment from representing the whole country to representing only a chosen few beginning in the 1970s. Written for the general population of the United States, this book sometimes comes off biased, but gives enough information for the reader to search out the truth if truly interested. For those of us who lived through the 70s, 80s and 90s, we can look back at Hartmann’s account of history and realize we had no clue what was really going on. Realizing how the Supreme Court became so corrupt will infuriate some readers while others will admire the intricacies of all the illegal scheming. Those interested in government, politics or government history will find something of interest in this book.
149 reviews6 followers
February 4, 2020
Great book I’m thinking for most everyone. If you’re like me you don’t know much about the history of the court and what you think you know is wrong even disregarding the political aspects of this book and it’s scathing critique of the court past and present. I liked what he has to say and found the book well researched and thoughtful. Moreover, considering the scope and breath of his review of the function, authority, limitations, and indeed the flaws of the court past and present the book is remarkable short.

It’s a short and impactful book that can be knocked out easily within a day. I liked his arguments and found his solutions especially appealing ...if impractical. I’m still shocked I read it ...it was assigned reading from my wife. I don’t think she’s read it ...perhaps I’ll assign it back.
This entire review has been hidden because of spoilers.
262 reviews4 followers
January 24, 2020
Polemical but generally compelling advocacy piece showing the Court for what it so often has, and increasingly, is; a tool of the wealthy and powerful. Less academic and more accessible than Beard, the author offers an occasional hopeful note amidst an otherwise fairly bleak assessment.

See for example the discussion of the Juliana case and its potential to serve as an anchor to a refined theory of property rights that focuses on protecting a public right to a public "commons" rather than a narrow and pinched view of property that ignores the impact of one "owners" behavior on the property of others, including the community.
84 reviews
January 28, 2021
This book was very good in helping me get a basic understanding of the U.S. Supreme Court. Since I have never read anything else on the topic I have nothing to compare it to. With clear and concise writing, connections to the Constitution and many rulings as well as historical and present day precedents, I’m comfortable giving it 5 stars. It is an easy read about vital concerns for our nation. Who knows what I will think after reading more books on the same topic.

I will say by the time I had finished, I have become completely frightened by my naïveté over the treasons and erosion of democracy that has happened in my lifetime of which I have been oblivious.
2 reviews
February 5, 2024
Everything you wanted to know about SCOTUS but were afraid to ask

This an abfab history of SCOTUS. It explains its beginnings, its corruptions, and its modern-day influences on our middle-class daily life. This is no whitewash look at SCOTUS but rather a look under the robes these political appointies wear as they destroy the very unpinnings of our democracy. I now look at these appointies as viscious lap dogs of the Uber wealthy in our nation. This is not dry reading. It is a page turner and will make you keep your highlighter next to you while you read. READ THIS BOOK! PLEASE.
200 reviews1 follower
June 1, 2022
I chose to listen to this book because it was recommended to me as a good history of the supreme court. A lot of legal words but it still came me what I needed to know about the supreme court. I am glad I read this book in light of what is going on in our country right now.












Profile Image for Caroline.
23 reviews1 follower
March 16, 2023
A small, relatively easy read that provides a history and assessment of the Supreme Court and how we got from it's colonial creation to the SCOTUS of today. Yes, it takes a "progressive" point of view, but the facts and history related are uncontestable. A good introduction to anyone interested in the Supreme Court and its out-sized role in our contemporary legislative process.
Profile Image for Paul Deaton.
89 reviews3 followers
October 31, 2019
Hartmann offers a succinct review of progressive positions on the Supreme Court from the 1971 Powell memo to what we hope is a last resort of stripping the court of power that may be required to address the climate crisis. Quick read, well documented. Recommend.
Profile Image for Michael.
27 reviews1 follower
November 4, 2019
This book was complete trash.....and I AGREED with most of the conclusions he made. Think about how ridiculous a book is if you agree with most of the conclusions and still think the book is absurd. Smh.
Profile Image for Debra Daniels-Zeller.
Author 3 books10 followers
January 15, 2020
This was a compelling history of the Supreme Court and what it has morphed into today with the takeover by the right-wing. Scary stuff. My only wish was that Hartmann had a talent to write in narrative form for a much more compelling story.
257 reviews1 follower
May 30, 2020
Interesting, informative, succinct. Makes me even more alarmed about the state of this country and where we're headed than I was before I read it (unfortunately). Wish I had more faith in Congress to do the right thing, but at this point, they're all beholden to the wealthy and the corporations.
Profile Image for Jon.
216 reviews1 follower
November 18, 2020
The central thesis of this book is very interesting and one I agree with. Some really good information is included, but at times, sweeping generalizations and pointed and largely unsubstantiated attacks undermine the authors credibility.
Profile Image for KC.
6 reviews
June 27, 2020
Oh boy.... The Supreme Court really serves the wealthy of America. We don't Stand a chance. Good read as always.
Displaying 1 - 30 of 36 reviews

Can't find what you're looking for?

Get help and learn more about the design.