Myth of Judicial Activism Making Sense of Supreme Court Decisions

Name: Myth of Judicial Activism Making Sense of Supreme Court Decisions
Price: 12.0 USD
Availability: InStock
ISBN: 9780300126914

ISBN-10: 0300126913

ISBN-13: 9780300126914

Edition: 2008

Authors: Kermit Roosevelt

List price: $29.00

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Description:

This carefully considered book is a welcome addition to the debate over “judicial activism.” Constitutional scholar Kermit Roosevelt III offers an elegantly simple way to resolve the heated discord between conservatives, who argue that the Constitution is immutable, and progressives, who insist that it is a living document that must be reinterpreted in new cultural contexts so that its meaning evolves. Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document. Recent years have witnessed an increasing drumbeat of complaints about judicial behavior, focusing particularly on Supreme Court decisions that critics charge…

Book details

List price: $29.00
Copyright year: 2008
Publisher: Yale University Press
Publication date: 1/24/2008
Binding: Paperback
Pages: 272
Size: 5.25" wide x 8.00" long x 0.75" tall
Weight: 0.682
Language: English



Acknowledgments


Introduction: Judging the Court



Deciding Constitutional Cases



The Plain Meaning of the Constitution: The Fallacy of Direct Enforcement



The Model: What Doctrine Is For



From Activism to Legitimacy



Easy Cases



Equal Protection, Criminal Procedure, Executive Detention



Hard Cases



Gay Rights: Romer, Lawrence, and Goodridge



Abortion: Roe and Casey



Takings: Kelo v. City of New London



The Establishment Clause



The Death Penalty: Roper and Atkins



The First Amendment: Campaign Finance Reform



Illegitimacy



Refusing to Defer



Reviled Decisions



Striking the Balance



Branches Behaving Badly: Whom Do You Trust?


Notes


Index