| Book Review | The American Historical Review, 104.3

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| Book Review | The American Historical Review, 104.3 | The History Cooperative

Book Review

Canada and the United States

Mark V. Tushnet. Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961–1991. New York: Oxford University Press. 1997. Pp. viii, 246. $29.95.

Thurgood Marshall was the first African American to serve on the United States Supreme Court. Before his appointment in 1967, he was for many years the chief litigator for the National Association for the Advancement of Colored People (NAACP), and in that capacity he probably did more to alter constitutional law than any other lawyer in America. His triumphs included persuading the court to repudiate school segregation in Brown v. Board of Education (1954). Ironically, as this book reveals, Marshall had more influence on how the Constitution was interpreted when he was a lawyer than during his twenty-four years on the Supreme Court. As a Great Society liberal trapped on a tribunal that, after the retirement of Chief Justice Earl Warren in 1969, grew increasingly conservative, he had little influence and was seldom on the winning side of a disputed issue. His most significant opinions were dissents. . . .

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