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Author: Cass R. Sunstein
Publisher: Basic Books
ISBN: 0786734892
Category : Law
Languages : en
Pages : 314
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Book Description
Most people think that the Supreme Court has a rough balance between left and right. This is a myth; in fact the justices once considered right-wing have now taken the mantle of the Court's moderates, and the liberal element has all but disappeared. Most people also think that judicial activism is solely a liberal movement. This is also a myth; since William Rehnquist was confirmed as Chief Justice in 1986, the Supreme Court has engaged in an unprecedented record of judicial activism. These two factors are feeding a movement to restore what many conservatives call "The Constitution in Exile," by which they mean the Constitution as it existed before the Roosevelt administration. Radicals in Robes explains what the restoration of this constitutional vision would mean. It would mean the end of the FCC, the SEC, the EPA, and every other federal agency that enacts regulations that have the force of law. It would mean that the clause of the First Amendment that says that Congress may make no law "respecting an establishment of religion" would be turned on its head. Marriage laws and many other familiar areas of modern life are all in the sights of this conservative movement. Radicals in Robes takes judicial philosophy out of the law schools and shows what it means when it intersects partisan politics. It pulls away the veil of rhetoric from a dangerous and radical right-wing movement and issues a strong and passionate warning about what conservatives really intend. One of the most respected legal theorists in the country, Cass R. Sunstein here issues a warning of compelling concern to us all.
Author: Cass R. Sunstein
Publisher: Basic Books
ISBN: 0786734892
Category : Law
Languages : en
Pages : 314
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Book Description
Most people think that the Supreme Court has a rough balance between left and right. This is a myth; in fact the justices once considered right-wing have now taken the mantle of the Court's moderates, and the liberal element has all but disappeared. Most people also think that judicial activism is solely a liberal movement. This is also a myth; since William Rehnquist was confirmed as Chief Justice in 1986, the Supreme Court has engaged in an unprecedented record of judicial activism. These two factors are feeding a movement to restore what many conservatives call "The Constitution in Exile," by which they mean the Constitution as it existed before the Roosevelt administration. Radicals in Robes explains what the restoration of this constitutional vision would mean. It would mean the end of the FCC, the SEC, the EPA, and every other federal agency that enacts regulations that have the force of law. It would mean that the clause of the First Amendment that says that Congress may make no law "respecting an establishment of religion" would be turned on its head. Marriage laws and many other familiar areas of modern life are all in the sights of this conservative movement. Radicals in Robes takes judicial philosophy out of the law schools and shows what it means when it intersects partisan politics. It pulls away the veil of rhetoric from a dangerous and radical right-wing movement and issues a strong and passionate warning about what conservatives really intend. One of the most respected legal theorists in the country, Cass R. Sunstein here issues a warning of compelling concern to us all.
Author: Saul Alinsky
Publisher: Vintage
ISBN: 0307756890
Category : Political Science
Languages : en
Pages : 226
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Book Description
“This country's leading hell-raiser" (The Nation) shares his impassioned counsel to young radicals on how to effect constructive social change and know “the difference between being a realistic radical and being a rhetorical one.” First published in 1971 and written in the midst of radical political developments whose direction Alinsky was one of the first to question, this volume exhibits his style at its best. Like Thomas Paine before him, Alinsky was able to combine, both in his person and his writing, the intensity of political engagement with an absolute insistence on rational political discourse and adherence to the American democratic tradition.
Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0199754128
Category : Political Science
Languages : en
Pages : 208
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Book Description
"In Going to Extremes, renowned legal scholar and best-selling author Cass R. Sunstein offers startling insights into why and when people gravitate toward extremism."--Inside jacket.
Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0190222697
Category : Law
Languages : en
Pages : 193
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Book Description
Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae--choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.
Author: Stephen Breyer
Publisher: Vintage
ISBN: 0307424618
Category : Political Science
Languages : en
Pages : 176
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Book Description
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Author: Mark R. Levin
Publisher: Simon and Schuster
ISBN: 159698032X
Category : Political Science
Languages : en
Pages : 241
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Book Description
"A modern conservative classic." - Sean Hannity "Men in Black couldn’t be more timely or important….a tremendously important and compelling book.” - Rush Limbaugh “One of the finest books on the Constitution and the judiciary I’ve read in a long time….There is no better source for understanding and grasping the seriousness of this issue.” - Edwin Meese III “The Supreme Court has broken through the firewalls constructed by the framers to limit judicial power.” “America’s founding fathers had a clear and profound vision for what they wanted our federal government to be,” says constitutional scholar Mark R. Levin in his explosive book, Men in Black. “But today, our out-of-control Supreme Court imperiously strikes down laws and imposes new ones to suit its own liberal whims––robbing us of our basic freedoms and the values on which our country was founded.” In Men in Black: How the Supreme Court Is Destroying America, Levin exposes countless examples of outrageous Supreme Court abuses, from promoting racism in college admissions, expelling God and religion from the public square, forcing states to confer benefits on illegal aliens, and endorsing economic socialism to upholding partial-birth abortion, restraining political speech, and anointing terrorists with rights. Levin writes: “Barely one hundred justices have served on the United States Supreme Court. They’re unelected, they’re virtually unaccountable, they’re largely unknown to most Americans, and they serve for life…in many ways the justices are more powerful than members of Congress and the president.… As few as five justices can and do dictate economic, cultural, criminal, and security policy for the entire nation.” In Men in Black, you will learn: How the Supreme Court protects virtual child pornography and flag burning as forms of free speech but denies teenagers the right to hear an invocation mentioning God at a high school graduation ceremony because it might be “coercive.” How a former Klansman and virulently anti-Catholic Supreme Court justice inserted the words “wall of separation” between church and state in a 1947 Supreme Court decision––a phrase repeated today by those who claim to stand for civil liberty. How Justice Harry Blackmun, a one-time conservative appointee and the author of Roe v. Wade, was influenced by fan mail much like an entertainer or politician, which helped him to evolve into an ardent activist for gay rights and against the death penalty. How the Supreme Court has dictated that illegal aliens have a constitutional right to attend public schools, and that other immigrants qualify for welfare benefits, tuition assistance, and even civil service jobs.
Author: David J. Rothman
Publisher: Routledge
ISBN: 135148804X
Category : Medical
Languages : en
Pages : 416
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Book Description
David Rothman gives us a brilliant, finely etched study of medical practice today. Beginning in the mid-1960s, the practice of medicine in the United States underwent a most remarkable--and thoroughly controversial--transformation. The discretion that the profession once enjoyed has been increasingly circumscribed, and now an almost bewildering number of parties and procedures participate in medical decision making. Well into the post-World War II period, decisions at the bedside were the almost exclusive concern of the individual physician, even when they raised fundamental ethical and social issues. It was mainly doctors who wrote and read about the morality of withholding a course of antibiotics and letting pneumonia serve as the old man's best friend, of considering a newborn with grave birth defects a "stillbirth" thus sparing the parents the agony of choice and the burden of care, of experimenting on the institutionalized the retarded to learn more about hepatitis, or of giving one patient and not another access to the iron lung when the machine was in short supply. Moreover, it was usually the individual physician who decided these matters without formal discussions with patients, their families, or even with colleagues, and certainly without drawing the attention of journalists, judges, or professional philosophers. The impact of the invasion of outsiders into medical decision-making, most generally framed, was to make the invisible visible. Outsiders to medicine--that is, lawyers, judges, legislators, and academics--have penetrated its every nook and cranny, in the process giving medicine exceptional prominence on the public agenda and making it the subject of popular discourse. The glare of the spotlight transformed medical decision making, shaping not merely the external conditions under which medicine would be practiced (something that the state, through the regulation of licensure, had always done), but the very substance of medical pract
Author: Dan Farber
Publisher:
ISBN: 0465022987
Category : Law
Languages : en
Pages : 252
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Book Description
Argues that the Supreme Court would do better to rely on the Ninth Amendment when addressing issues regarding fundamental rights, rather than depending on the Constitution's due process clause.
Author: Cass R. Sunstein
Publisher: Rowman & Littlefield
ISBN: 0815782357
Category : Law
Languages : en
Pages : 194
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Book Description
Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.
Author: Alan M. Dershowitz
Publisher:
ISBN: 9780465017133
Category : Political Science
Languages : en
Pages : 282
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Book Description
A noted legal scholar examines the source of human rights, arguing that rights are the result of particular experiences with injustice and looking at the implications in terms of the right to privacy, voting rights, and other rights.
