Book-Review-August 2016.pages

BLL Book Reviews - August 2016
Brewster Ladies Library
1822 Main Street
Brewster, MA 02631
In this issue…
1 Big Salad (Penguin Young Readers Picture Book for 3-6 year-olds) by Juana Medin (Nori Morganstein)
The First Congress by Fergus M. Bordewich (Doug Wilcock)
Valiant Ambition: George Washington, Benedict Arnold and the fate of the American Revolution
by Nathaniel Philbrick (Jim Mills)
A Short History of Nearly Everything by Bill Bryson (Don Boink)
The Gene by Siddhartha Mukherjee (Doug Wilcock)
The Boys in the Bunkhouse: Servitude and Salvation in the Heartland by Dan Barry (Jim Mills)
The Spy Who Jumped Off the Screen - a novel by Thomas Caplan (Don Boink)
Texts from Jane Eyre - and other conversations with your favorite literary characters.
by Mallory Ortberg (Don Boink)
Paper: Paging Through History by Mark Kurlansky (Jim Mills)
Dissent and the Supreme Court: Its Role in the Court's History and the Nation’s Constitutional
Dialogue by Melvin I. Urofsky (Doug Wilcock)
Trespassing Across America: One Man’s Epic Hike Across the Heartland by Ken Ilgunas (Jim Mills)
1 Big Salad (Penguin Young Readers Group, 2016) Picture Book (for 3-6 year-olds)
by Juana Medina
reviewed by: Nori Morganstein, Youth Services Librarian/Assistant Director
1 Big Salad is a great book to read to the reluctant vegetable eaters out there. It makes
salads look fun and delicious. It works as a great tool for learning how to count as well. The
author is a genius to combine bright colors, vegetables, and numbers with silly illustrated
animals.
It starts, of course, with the number 1. There’s one avocado deer. A bright photo of an
avocado half has an illustration of a deer drawn around it. The avocado is made to look like the face of the deer.
Then, there are two radish mice. There are two bright photos of radishes, and Medina drew little mouse ears,
mouths, and legs around them. Then, there are three pepper monkeys with 3 different colored bell peppers made
to look like monkeys. And, you get the point.
What’s great about the images is they show more than just the typical versions of vegetables. For
example, there are five tomato turtles. One turtle is red, but there is also a green, yellow, and orange tomato
turtle. Tomatoes aren’t just red. Also, the salad is made up of more than just the standard fare of vegetables.
Kids will learn some great vegetable vocabulary. For instance, there are seven radicchio lions. Plus, there’s also
fruit and nuts in this salad, proving that salads aren’t just made up of vegetables. There are eight flying walnuts
and ten clementine kitties.
My favorite is the six cucumber alligators. The cucumbers are cut into round slices that represent the
alligator eyes. The final outcome at the end is a giant, colorful, aesthetically pleasing salad. There’s also an
added page at the end that includes the recipe for a simple, lemon salad dressing. And of course, the lemons are
turned into pigs. And the salt shaker is given wings to look like a bird. Reading this book, myself, makes me
want a salad. I can only imagine that it will have the same effect on younger readers.
This book is gorgeous to look at. The pictures really make this book special. The vegetables (and fruit and
nuts) are all colorful and fun to look at. The illustrations around the salad ingredients are simple and whimsical.
Counting out each ingredient of the salad is a great way to practice counting. The numbers go to 10. This book
can work as an educational counting tool and as a cookbook. I can definitely see it having a positive effect on
the eating habits of picky eaters. I recommend it highly.
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The First Congress
by Fergus M. Bordewich
reviewed by Doug Wilcock
As the First Congress convened it faced vexing issues: slavery; the lingering ill feelings that fueled
Shay's rebellion; extreme indebtedness; British occupation of forts in the Northwest (contrary to terms of the
peace treaty); the Spanish in Florida inciting slaves in Georgia to leave; and Indians blocking westward
expansion of the country. In response to this, the First Congress proved to be one of the most productive in
American history. In three sessions, two in New York and one in Philadelphia, it created the Departments of
State, War, and Treasury, as well as the Supreme Court, a federal court system, and federal criminal code. It
debated and passed the first ten amendments to the Constitution, what we now call the Bill of Rights. It
established duties and tariffs to ensure a federal revenue stream to put the country on a sound financial footing.
It assumed state debts accrued during the Revolution, and, in so doing, established the country's economy along
capitalist lines. It established the first national bank (later abolished by Jackson), the first national census, and
the patent and copyright systems. Treaty making with the Creek Indians was started, although that positive start
would soon be negated. The location of the national capital was established along the Potomac after much quid
pro quo bargaining that intertwined it with the establishment of the national bank.
While we take for granted these accomplishments; achieving them was a tortuous process. While
political parties didn't exist, there were strong divisions between two camps, the Federalists and anti-Federalists,
as to how power should be divided between a central government and the states. In particular, the antiFederalists argued that the federal government should only be allowed to act at the instigation of the states; that
the locus of power should be with the states operating almost as independent republics; that federal authority
should not extend to individual citizens; and that the federal government's activities should be limited to
interstate commerce, foreign affairs, high seas navigation, coinage, and national defense. That the First
Congress accomplished as much as it did is seemingly miraculous given these objections.
How the arguments played out, who the major figures were, and how they worked together in the First
Congress is the interesting story that Fergus Bordewich tells. Central to the operation of the First Congress was
James Madison. The deft role that Madison played is illustrated by the process of amending the Constitution.
Madison first won over George Washington to the idea of amendment, he then inserted a statement into
Washington's inaugural address reminding Congress of its duty to consider amendments, and then he wrote the
House reply to that address. On the floor he managed debate, striking out many amendments that he maintained
would be unpassable. He crafted a limited set of amendments (seventeen, which the Senate would compress to
twelve, of which ten would ultimately pass) that he felt would garner the two-thirds majority required in the
House and the Senate and then the support of three quarters of the states that would have to ratify them.
Bordewich maintains that at the time that the amendments were taking shape in Congress they were viewed as
"an exercise in political housekeeping." He concludes that "virtually no members of Congress imagined that
they had just passed a set of measures that would become … part of the sacred canon of American democracy."
The vote on establishing a national bank pitted many of the leading personalities of the First Congress
against each other. The strongest proponent for the bank was Hamilton; the leading opponent was Madison and
to a lesser degree Jefferson. Jefferson, as Secretary of State, wrote to Washington enumerating all the
arguments as to why the bill should be vetoed but then concluded that, while the veto was a shield against
legislative "invasion", Washington should sign the bill because the legislature had approved it. Bordewich
suggests that while Jefferson was a strong advocate of states' rights, "he shared his era's almost universal belief
that Congress was the superior branch of government."
While there is ample space given in the book to the better known personalities in the First Congress,
Bordewich also devotes a good deal of attention to the likes of Fisher Ames, Elbridge Gerry, Roger Sherman,
William Maclay, and James Jackson. But the most interesting character to this reviewer was Elias Boudinot, a
representative from New Jersey. Boudinot had earlier been president of the Confederation Congress; had spent
considerable sums financing the revolutionary army; had aided British prisoners of war; was deeply concerned
with the welfare of American Indians; advocated the emancipation of slaves; and, in response to Rep. James
Jackson's cynical view of Quakers and their willingness to fight, pushed a concept of moral conscience that
foreshadowed the modern concept of individual rights. Boudinot was well respected by his contemporaries, but
he has unfortunately been pushed into the background of our history.
On a personal note, each summer when I worked as a teacher I tried to read at least one book of
American history. To that pantheon of books on American history I would add this well written, detailed look at
the First Congress.
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Valiant Ambition: George Washington, Benedict Arnold and the fate of the American Revolution
by Nathaniel Philbrick
reviewed by Jim Mills
The American Revolution, in the estimation of the American public, could not have two more disparate
figures than George Washington and Benedict Arnold. In Valiant Ambition, Nathaniel Philbrick chronicles the
varying vagaries of warfare and the accomplishments of these two American leaders during the first six years of
the American fight for independence. Arnold’s final treasonous behavior in 1780 masks the contributions that he
made to the American cause earlier in the war.
Benedict Arnold was always a controversial individual. Always confident in his own rectitude and
judgement, he frequently alienated both friend and foe by his headstrong behavior. Arnold was possibly the best
fighting general that the Americans had in the early years of the war. He was always willing to take great
chances in combat and was absolutely fearless with respect to his own safety. He would frequently exceed his
instructions in bringing maximum pressure to bear on the British enemy. His behavior and his demeanor tended
to make those in power over him, in particular in the Continental Congress and in some state legislature and
executive councils, be very slow in rewarding him for what he felt was his just rewards. This resentment would
eventually lead to his treasonous behavior during a period where the Patriot’s prospects had reached a low ebb.
In 1780 Arnold was placed in charge of a major fortification controlling the lower reaches of the Hudson
River, West Point. This American strong point prevented the British in occupied New York City from linking up
with their compatriots in Quebec. Arnold made contact with the British through a Major John Andre to arrange
to have West Point fall to British forces moving north from New York. Only the capture of Andre during his
return to New York from a West Point meeting with Arnold tipped off the Americans forces to this treacherous
agreement. Andre was eventually executed by the Americans and Arnold was able to barely escape to New
York, eventually living in Britain after the ultimate American victory.
George Washington had a much more balanced personality, combining caution, aggressiveness and
perseverance, to last out the long lean years of the revolution. Arnold’s much more mercurial personality while
providing some stunning victories was not up to surviving over the long haul. Philbrick’s analysis of these two
figures is certainly interesting, providing a different perspective on the nature of Benedict Arnold. Washington’s
fate as overall commander was in continual jeopardy during the early mercurial war years. Much of the country
was a no man’s land with the population subject to a lawless environment. The Revolution provided a
framework upon which our nation has been able to gradually expand liberty and justice to more and more of our
people. The process that started over two hundred years ago continues to this day. Overall the author provides a
view of the chaos of the period with patriotic prospects on a roller coaster ride from despair to eventual success.
Valiant Ambition , while interesting and informative, is not really a gripping read. The reader must keep track of
the many military and civilian leaders on both sides of the conflict with their varying motives and ambitions.
George Washington
Benedict Arnold
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A Short History of Nearly Everything
by Bill Bryson
reviewed by Don Boink
Indeed this is NOT a short history of anything. Bill Bryson, the well-known author of humorous tales
takes on this very serious project, on which he spends three years, to give us an interesting rehash of all that has
been written previously about various subjects. In order to do this he has obviously researched a tremendous
number of volumes by notable authors on their subject of expertise. For instance Stephen Jay Gould is cited for
his writings about the famous Burgess Shale fossil deposits. It comes up in a discussion of the earliest forms of
life found on earth found in fossil beds in the mountains of British Columbia.
Bryson begins his tale by going back to the theory of the Big Bang where-in our present universe was
started. When I refer to it as a rehash I can assure you that Bryson makes it interesting by his own inimitable
style. In his research he has dug up facts that are little-known about incidents and personalities. As he builds on
his timeline he emphasizes the controversies that were created as new theories were advanced.
Prior histories such as Jacob Bronowski’s “Ascent of Man” come to mind. The various sciences, such as
chemistry, geology, astronomy, all had fitful beginnings. Whereas religion had been the authority on different
subjects the findings of science began to erode that influence.
Another interesting aspect is the way the various sciences were popular at different times. As an example
geology in the beginning, was a gentlemen’s pastime. Only those of independent means had the luxury of
spending time poking around and analyzing rocks. Field trips were conducted in rather formal attire. One
academic chose to do his research in his academic gowns. Bryson seems bent on giving attribution to those
individuals who actually discovered various things as opposed to those who got credit for it.
After thoroughly covering all the bases as they have evolved we are brought up to the current period
where cosmology and astrophysics are being hotly discussed. With the advent of the Hubble telescope as it
orbits in space we now know that the universe expansion is accelerating and we don’t have to worry about its
collapse. The current concern with attempting to reconcile Einstein’s General. Theory of Relativity with
quantum electrodynamics, as developed by Richard Feynman, brings us to the mind-boggling phenomena of the
String Theory with its multiplicity of dimensions. As you can see this cannot possibly be a short history.
Considering this vast accumulation of data and history and the accelerated creation of more data, kids today will
have a difficult time trying to encompass it all.
Bill Bryson
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The Gene
by Siddhartha Mukherjee
reviewed by Doug Wilcock
In the acknowledgements at the end of his latest book, The Gene, Siddhartha Mukherjee says that after
the completion of Emperor of all Maladies he was sapped physically, emotionally, and, he feared, intellectually.
He worried that he had nothing more to tell. How wrong he was. As he says, if Emperor is the sequel story of
malignancy, The Gene is its prequel, the search for normalcy, identity, variation, and heredity.
The Gene traces the development of the scientific understanding of what a gene is. In many aspects
Mukherjee covers much the same ground as earlier writing like Horace Judson's magnificent The Eighth Day of
Creation, written in 1979. But it is far more than just a retelling of the scientific quest for understanding.
Mukherjee begins by describing how madness lurks in the Mukherjee family, describing his father's brilliant
brother Rajesh, the family star, suffering from near textbook manic depression with emotions that ran up and
down like a sine curve. Rajesh died at age twenty-two.
After the brief discussion of his own family, Mukherjee gives the ideas of the ancients their due. Early
in the book he discusses preformation and the homunculus, a mini-human that was alleged to come to the womb
from the father's sperm. This homunculus had mini-homunculi inside itself so that the chain of being could
continue. Going back in time this chain would stretch back all the way to Adam. It is, aside from the sexism, a
charming story that negates the need to pass genetic information from parent to child. Mukherjee however
picks up the kernel of the idea later as he draws the parallel to homuncular theory by explaining how
mitochondria, the energy producing factories of cells, are passed from mother to child (not, as the ancients
would have it, through the sperm!), so that a woman carries the mitochondrial genomes of all her future
descendants. Going in the opposite direction, this mitochondrial linkage allows us to trace back approximately
two hundred thousand years to our founding mother, "Mitochondrial Eve."
Mukherjee takes us through the well-understood parts of the history of attempting to understand genes.
We meet Mendel and Darwin, contemporaries who never met each other, or understood that their work was
related. We fast forward to the start of the twentieth century when scientists make that connection. Mukherjee
takes us through the work of Thomas Morgan on fruit flies and Oswald Avery whose work focused scientists on
DNA, and not proteins, as the source of genetic material. This brings us to Watson, Crick, Wilkins, and
Franklin whose work led us to understand the structure of DNA, and then the subsequent work that showed how
DNA coded for amino acids, the building blocks of proteins.
In retrospect we see the accumulation of knowledge about the gene as a continuous accretion. But
Mukherjee tells a different story, beautifully describing the state of knowledge, and the uncertainty surrounding
the gene at any particular time. For example, he summarizes where genetic research stood as of 1915:
"[E]ven Morgan had a difficult time imagining or describing genes in a material form. What chemical
could possibly carry information in 'threads' and 'maps'? It is a testament to the ability of scientists to
accept abstractions as truths that fifty years after the publication of Mendel's paper … biologists knew
genes only through the properties they produced .… Dimly, as if through a veil, geneticists were
beginning to visualize patterns and themes .… But no one had seen a gene in action or knew its material
essence. The central quest of the study of heredity seemed like an object perceived only through its
shadows, tantalizingly invisible to science."
Similarly, it is easy to fall into the trap of thinking that because knowledge of the gene advances, medical
applications will smoothly follow. Such is not the case, and Mukherjee points out instances where innovative
interventions failed. Jesse Gelsinger is perhaps the most dramatic and tragic instance. Gelsinger was a boy
with a missing enzyme that resulted in ammonia buildup in his cells. He was administered gene therapy at the
University of Pennsylvania and died shortly after that. His death caused a furor, setting gene therapy back years
and exposing how a conceptually sound idea can go awry in practice. As the example demonstrates, gene
science and its medical applications are not cut and dry. "Our genes do not keep spitting out stereotypical
responses to idiosyncratic environments; if they did, we too would devolve into windup automatons."
Mukherjee suggests instead that the experience of "being" is a web, with genes forming the threads of the web
and the detritus that sticks to these threads transforming the web into a being. He builds on this idea with a
discussion of epigenetics, the interaction of genes with their environment, concluding with a circular flow of
biological information. (continued on the next page)
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encode
that regulate
Genes
Epigenomes
RNA's
to build
that influence
Environments
Proteins
to form/ regulate
that sense
Organisms
!
Throughout the book Mukherjee touches on ethical issues surrounding gene research. While it is easy to
dismiss eugenics as junk science, some of the contemporary issues surrounding gene research and gene therapy
inhabit a gray area. Besides the mental illness that runs through his own family, Mukherjee tackles issues like
the genetic basis of homosexuality, concluding that while the evidence points to a genetic basis it seems likely
that multiple genes, especially genes that modulate and integrate environmental inputs, will prove to be
involved in the determination of sexual identity.
There are the usual stars of genetics in this sweeping history. But there are also some lesser-known
individuals who contributed mightily to our understanding as well. Mukherjee documents the story of Nancy
Wexler whose drive to learn the genetic basis of Huntington's disease following her mother's death took her
deep into Venezuela as well as deep into gene mapping. Her work took us to the particular gene and, with that,
an understanding of how the disease progresses. Similarly, the work of Mary-Claire King whose large studies
of breast and ovarian cancer led her to the gene BRCA1 and opened up our understanding of those diseases.
However, unlike the gene for Huntington's or for cystic fibrosis, BRCA1 highlights the ambiguities in much
genetic research. Mutation of the gene can tell us who might get breast cancer but it cannot tell us who will.
The Gene is an impressive book. It gives the reader a long history of how our contemporary
understanding of the gene was developed. It does not however give easy answers about what lies ahead. If
anything, Mukherjee embraces the ambiguity and uncertainty inherent in this field. For readers who want an up
to the minute story of genetic research (Crispr and cas9 make it into the book) this is an excellent choice.
Siddhartha
Mukherjee
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The Boys in the Bunkhouse: Servitude and Salvation in the Heartland
by Dan Barry
reviewed by Jim Mills
In the 1960s and early 1970s many institutionalized mentally ill or mentally disabled (low IQ) individuals
were released from institutions around the country. The Boys in the Bunkhouse tells the story of several dozen
low IQ men who were released from Texas institutions to work in an Iowa Turkey Slaughter House. These men
lived for over thirty years in an old abandoned schoolhouse in a small town with only about 300 inhabitants.
These individuals’ lives were closely constrained having very few recreational opportunities. Those supervising
their lives had no training to work with what at the time was known as Mental Retardation.
Federal laws allowed these individuals to be paid at levels below the minimum wage with the assumption
that their work performance would be substandard. As it turned out they never saw their whole paycheck. They
were given a weekly allowance and their Social Security benefits were docked to cover their room and board at
the schoolhouse, as in turned out, at excessively high rates. The financial aspects of their lives was never shared
with them by their employer, Henry’s Turkey Service. The author, Dan Barry, provides a detailed description of
the lives of these men over a thirty year period that started in the mid 1970s, when they began working and
living in Iowa. The individuals involves had essentially no contact with relatives and in most cases did not
know that they had relatives. They were routinely punished for supposed infractions or “poor” work
performance. These punishments ranged from being sent to their rooms without dinner, having to stand in a
corner to actual beatings. There was no independent group that looked out for their welfare.
At several points in the thirty year period reports on the treatment of “the boys” reached Iowa Social
Services but these leads were not followed up. Finally in the mid-2000’s (the aughties) a Des Moines Register
reporter got on to the story and didn’t let go until action was taken to rectify the situation and insured that these
individuals received proper care. It turned out the the funds that the company was presumably saving from their
pay to cover their retirement was essentially non existent. The building that they had lived in for three decades
(roach infested, poorly protected from the ravages of an Iowa winter) was condemned and was torn down.
These men had essentially been treated as slaves but a small company whose main preoccupation was their own
bottom line. There was no recourse available. When the news of their treatment over all of those years became
public in Iowa, there was disbelief that such a thing could have happened in the last quarter of the twentieth
century. The Boys in the Bunkhouse tells the story of one instance where the efforts to move individuals out of
institutional care and presumably reduce government spending did so horribly back fire.
The Bunkhouse
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The Spy Who Jumped Off the Screen - a novel
by Thomas Caplan
reviewed by Don Boink
This book was potluck. On leaving the library I realized I had no book to read. I just pulled this one off
the shelf I was browsing at. I was surprised to find an introduction by Pres. Bill Clinton. He and Caplan had
been classmates at one time. The screen the spy jumped off of turned out to be the movie screen. Ty Hunter is a
current box office sensation. Prior to his movie career he had served in the military in special forces, with
distinction.
A friend of his in the CIA felt he would be a good candidate for an undercover mission that was of
immense importance to world peace. During the arms reduction program three nuclear warheads turned up
missing. The story begins with a couple of men working at a missile site to disassemble nuclear warheads from
missiles. Then the scene shifts to the home of a big-money tycoon who had become involved with a Russian
group that had a big project underway, as an investor
Something about the setup didn’t seem right so he decided to withdraw from it. Seemingly unrelated to
that he is murdered along with his wife and two of his children. The CIA agent, named Oliver, convinces Ty
Hunter to go with him to Camp David to meet with the president of the United States and his top advisor Dr.
Kenneth. The premise is that certain wealthy people that were part of the Russian syndicate might be spied upon
more readily by someone famous such as Ty than any other way they can imagine.
The film festival at Cannes is the ideal place to set the plan in motion. The wealthy suspects are
connected financially with the film industry and will certainly be there. Ty agrees to the request as a duty to his
country. Then to make it easier, Ian Santal, the targeted financier has a beautiful goddaughter, Isabella, that is
very devoted to him. Ty is invited to the party aboard Santal’s fabulous yacht anchored in the harbor. Isabella is
intrigued to think the famous movie star is invited and decides to ferry him out to the yacht herself, so now the
plot is set. The story goes on to bring out the nefarious scheme involving the missing nuclear warheads and the
main participants. Included is a bull fight and a tour of the Rock of Gibraltar and its many tunnels and functions.
Typical are the hair-raising incidents and tension. A well-written tale of adventure and romance.
Texts from Jane Eyre - and other conversations with your favorite literary characters.
by Mallory Ortberg
reviewed by Don Boink
This title intrigued me. I am not a Texter. We have a cell phone which my wife uses exclusively. Everyone
else on the planet is a Texter. This book I think is a tongue-in-cheek exercise of fantasy. The format is similar to
what people receive on their iPhones as text messages. The characters involved are familiar and refer to
activities in their literary context. For instance Jane Eyre refers to Mr. Darcy. Hamlet occurs frequently and
consists of comments on various happenings. Other names are: Peter Pan, Chloe, Gilgamesh, etc. etc.
Frankly it didn’t make much sense to me because I’m not that well acquainted with the mindset involved
in texting. Some remarks are simply idle commentary, others are questions apparently having some meaning.
This is a small volume and may appeal to those well acquainted with texting. I noticed driving the Thruway that
texting while driving is prohibited but you’re encouraged to wait for the next designated texting/ rest area. I’ll
take advantage of the rest and leave the texting to someone else
“I would always rather be happy than dignified.”
― Charlotte Brontë, Jane Eyre
“Life appears to me too short to be spent in nursing animosity or registering wrongs.”
― Charlotte Brontë, Jane Eyre
“I am no bird; and no net ensnares me: I am a free human being with an independent will.”
― Charlotte Brontë, Jane Eyre
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Paper: Paging Through History
by Mark Kurlansky
reviewed by Jim Mills
Paper covers much more than just the history of paper, it includes the history of written language, the
evolution of written materials, and the advances in printing technology. Early surviving written records are
found in stone, leather, and ceramics. In the middle east other precursors to paper include papyrus (plant leaves)
and parchment (animal skins). The use of paper originated in China (200 BC) and reached Christian Europe
much later (1282 AD) passing through the Muslim Middle East and Spain.
Until the late 19th century paper was produced essentially from old rags. As paper use increased the
demand for old fabric limited paper production. The Rag Picker was a central figure in society. Many other
materials were tried from time to time to make paper including the residue from the manufacture of cane sugar.
The development of procedures for using wood as a raw material was a late development that led to a new age
in paper manufacturing, an expansion in paper production and use, and widespread forest destruction. In recent
years the recycling of paper has helped to reduce the demand for wood for pulping but does not save too much
in the manufacturing energy requirements. Paper has become such a central aspect of modern life. Not only for
most of our reading material, books, magazines and newspapers, but also cardboard for packaging, art materials,
temporary clothing, and some construction materials. The advent of digital technologies has also tended to
reduce demand for paper usage for newspapers and telephone directories. The increase in on-line purchases,
however, has increased demand for paper packaging materials.
For centuries recording information on paper was achieved only by hand writing and simple stamping
devices. Early printing technology was developed in China but it took the Europeans to develop a practical
printer in 1456 using moveable type. One reason that the technology took off there was the use of a 26 character
alphabet as opposed to the thousands of distinct characters used by the Chinese. An early impact of the
invention of the Printing Press was the widespread use of handbills. The distribution of these pamphlets was key
to the Protestant Reformation and the French Revolution. Kurlansky goes into a great deal of detail to cover the
advances in printing technology. The author’s discussion includes technologies for printing images, woodcuts,
plate etching, intaglio printing and lithography. Printing and paper production moved in concert through the
years as the efficiency rapidly increased through the years.
The earliest forms of printed material was in the form of scrolls but advances in printing technology led to
the Codex or Book format used today. The impact of the widespread availability of printed material resulted in
increased literacy, a forerunner of our modern prosperous democratic society. An early element of American
Democracy was the creation of free public libraries spread across the country, key to much of the success of our
nation.
Paper provides an interesting chronology of this most important aspect of our modern lives. Even as more
and more of our information is available on electronic media, we owe a great debt to past achievements
stimulated by those ubiquitous flexible sheets.
Each morning my characters greet me with misty faces willing, though chilled, to muster for another
day's progress through the dazzling quicksand the marsh of blank paper……. John Updike
I think I did pretty well, considering I started out with nothing but a bunch of blank paper….. Steve
Martin
My aim is to put down on paper what I see and what I feel in the best and simplest way….. Ernest
Hemingway
Writing is easy: All you do is sit staring at a blank sheet of paper until drops of blood form on your
forehead….. Gene Fowler
All the best performers bring to their role something more, something different than what the author
put on paper. That's what makes theatre live. That's why it persists….. Stephen Sondheim
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Dissent and the Supreme Court: Its Role in the Court's History and the Nation’s Constitutional
Dialogue
By Melvin I. Urofsky
reviewed by Doug Wilcock
When we think of the Supreme Court we often think of the famous decisions it has reached and the
justices who led the Court in reaching those decisions. But there is another thread that runs though many
Supreme Court decisions and that thread is dissent. In Dissent and the Supreme Court, Melvin Urofsky looks at
famous dissents and the role they have played in shaping future Court decisions as well as how society and the
Court have influenced each other.
The book, and the history of the Court, begins with Thomas Jefferson's nemesis John Marshall who,
while not the first Chief Justice, was the court leader who put the Supreme Court on equal footing with the
legislature and the executive. What was the secret of his success? Marshall convinced his fellow judges that
speaking in a single voice enhanced the authority of the court's opinions, and he guided that single voice to
declare that only the court had the power to declare acts of Congress unconstitutional and that it would be the
chief interpreter of what the Constitution meant. In a series of opinions that expanded federal power (Marbury
v. Madison, McCulloch v. Maryland, and Gibbons v. Ogden), the court ruled unanimously. During Marshall's
entire tenure the Court had fewer dissenting opinions than at any time in its history. Once its role as an equal
branch of government was established, dissent came to play an increasingly important role.
The Dred Scott case provides an excellent window into how dissent can influence society. Chief Justice
Roger Taney wrote the majority opinion that effectively wrote blacks out of the Declaration of Independence
and the Constitution. Taney argued that while blacks could be citizens of particular states, they could not be
citizens of the United States and hence had no standing to sue in federal court. He went even further in his
opinion by declaring the Missouri Compromise unconstitutional. Two stirring dissents by John McLean and
Benjamin Curtis took Taney to task for what they viewed as his sloppy reasoning. To the charge that slaves
were not citizens, McLean foreshadowed the 14th Amendment by declaring that slaves were citizens by virtue
of birth here in the U.S. McLean also pointed out that Taney's ruling that Dred Scott did not have standing to
sue in federal court went against seven decades of court history. McLean drew a parallel to women and children
who, similar to blacks, could not vote but had the right to sue in federal court. McLean also said that Taney was
wrong in declaring the Missouri Compromise unconstitutional because what Taney called territory was not what
the Confederation Congress meant by territory when it passed the Northwest Ordinance. Curtis refuted Taney's
assertion that blacks were not citizens by pointing out that in 1787 free blacks enjoyed all rights of citizenship
in several northern states and that as citizens of their states they were also citizens of the United States. He also
rebuffed the Southern position that slavery was an "exception" to the broad grant of powers to Congress. In
both dissents McLean and Curtis followed judicial precedent and history to reach their conclusions. Abraham
Lincoln picked up on their dissent. When asked what he thought of Taney's majority opinion he said that he
wouldn't comment because McLean and Curtis had said all that needed to be said.
Urofsky chooses dissents that highlight some of the most important areas of law that are argued before
the court. The notion of substantive due process is one such area. This concept derives from Stephen Field, a
Jackson appointee. Substantive due process covered ownership and use of property, including intellectual
property and the property of employment. Substantive due process implied that ownership and use of property
carried certain rights that are protected against state regulation except when that regulation was legitimate use of
police power. The test for legitimacy was whether there was a public interest. If there was a public interest
then, for example, legitimate police power allowed states to set maximum rates for rail shipment or for grain
elevator charges (Munn v. Illinois). In Allgeyer v. Louisiana, known as the Slaughterhouse case, substantive
due process triumphed, with Stephen Field basing his opinion on the due process clauses of 5th and 14th
amendments, arguing that those clauses comport with the Jacksonian version of liberty, which is the freedom to
compete in the market without the help or hindrance of the state. This view protects against government
overreach. In essence Field built an entire jurisprudence out of the two due process clauses.
The notion of substantive due process figured again in a Brandeis dissent in which he argued for the role
of states as laboratories of democracy. Substantive due process was pushed further by the second John Harlan
who argued that it includes not only the right to privacy but liberty interests as well. Sandra Day O'Connor
picked up on Brandeis and David Souter on Harlan in right to die and assisted suicide cases respectively.
Substantive due process had evolved to the point where Souter could describe assisted suicide as a latent liberty
interest ready to emerge when the times necessitated it. These examples highlight the changing nature of
Supreme Court decisions, the concepts on which decisions are reached, and the importance of dissent.
(continued on the next page)
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Urofsky does not spend a great deal of time discussing the cases whose dissents he highlights. He gives a
cursory explanation, perhaps expecting the reader to know the details of the cases or be ambitious enough to
look the case up. Similarly, he does not generally provide a detailed explanation of the constitutional area
beyond listing which article he is referencing or what an amendment in question says. For this reviewer
negotiating through these areas meant having a copy of the Constitution at the ready.
Urofsky is not so enamored of dissent that he views it as always beneficial. He descries the rush to
dissent, suggesting that the power of dissent is enhanced by its careful and infrequent application. A justice like
Felix Frankfurter who dissented at a far greater rate than almost any other Supreme Court justice was ultimately
viewed as an irritant and his numerous dissents were rarely the basis for subsequent rulings. Similarly, Urofsky
suggests that seriatim, the practice of each judge writing a separate opinion, would produce a cacophony from
which it would be extremely difficult to extract meaning. Of course it was seriatim that Jefferson hoped for
when John Marshall was Chief Justice. Jefferson's hope was that separate opinions would dilute the strong
messages delivered by the Marshall Court.
For anyone interested in how the Supreme Court has evolved this is an excellent book. While it is
lengthy, over four hundred pages, and not a fast read the reader is well rewarded for the effort. Melvin Urofsky
has, by looking at the Supreme Court through its dissents, provided an interesting and informative look at how
judicial policy is made.
John Marshall
Roger Taney
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Dred Scott
Trespassing Across America: One Man’s Epic Hike Across the Heartland
by Ken Ilgunas
reviewed by Jim Mills
The author, Ken Ilgunas, wanted to dramatize his environmental objections to the construction of the
Keystone XL Pipeline. Having reached his late 20’s he had as yet not really distinguished himself as an
adventurer or an environmental spokesman. To bring attention to the issue he decided to walk the entire length
of the proposed pipeline (1500 miles) from the Alberta tar sands to the Texas Gulf port of Port Arthur. Since the
pipeline has not been completed, the author’s route was to some extent arbitrary. Several events had a big
impact on this endeavor. Initial plans to hike with a friend had to be dropped when the friend decided that he
was subject to legal action in Canada. The original departure from Alberta was planned for July 2012 arriving at
the Texas port in December insuring reasonably good weather en route. Delays in starting meant that he did not
start his trek until late September insuring encounters with some rugged Great Plains winter weather.
The author left Alaska where he had been hired as a dishwasher and started his adventure in Denver,
Colorado where he hitch hiked up to Fort McMurray, Alberta in the heart of the tar sand region. After spending
a few days acquainting himself with the region, including a flight over the tar sands so that he could witness
directly the damage inflicted on the local environment, he began his southward trek. His route was mostly
chosen as he progressed. He preferred going cross-country rather on roads since that route was more direct
reducing the total mileage required. This meant walking on private property with attendant dangers from irate
owners and potential attacks from domesticated animals. As it turned out cattle, normal considered benign, can
be aggressive at times. Farm dogs was a continual concern particularly as he reached some of the southern
states. In the north assault from wild animals was also a risk including a Moose attack at one point. His relations
with the natives was mixed with many being very hospitable providing food, and to pitch a tent and frequently
overnight accommodations. At other times locals would call the police causing a frequent confrontation with the
authorities.
In general the author would try to hide his anti-pipeline opinions since so many locals were pro-pipeline,
very conservative and outspoken on most issues. His initial contacts would frequently be with armed residents.
After a while he would head for a local church to get advice on places to camp. As the weather became more
dismal in December and January he would frequently find an warm indoor venue overnight. Only rarely would
he purchase a hotel room. A major difficulty was explaining to locals the reason for his trek. The author himself
seemed unsure at times. At a few points he was interviewed by the press and occasionally appeared on
television which improved his reception from those who had viewed him. In several asides the author does
delve into the geological and historic aspects of the Great Plains. He describes how different things were there
only 200 years back when there was an almost infinite sweep to the tall grass prairie covered with around 60
million bison.
Overall, the author’s experiences were not as dramatic as others who have performed and written about
major treks. Unquestionably his lone sojourn was not without danger, a point that his mother reminded him
whenever he called home. Once he had completed his journey and written about it, certain doors opened to him
in the environmental community. He had in a sense established his credentials. Prior to his trip he had not
authored a book and his academic credits were meager. This reviewer found his description of his trip
interesting but not compelling. The major positive aspect is a view into the attitudes of folks that he met enroute.
Ken Ilgunas
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