Myth of Judicial Activism Making Sense of Supreme Court Decisions
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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 are reflections of the Justices’ political preferences rather than enforcement of the Constitution. The author takes a balanced look at these controversial decisions through a compelling new lens of constitutional interpretation. He clarifies the task of the Supreme Court in constitutional cases, then sets out a model to describe how the Court creates doctrine to implement the meaning of the Constitution. Finally, Roosevelt uses this model to show which decisions can be justified as legitimate and which cannot.
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All the information you need in one place! Each Study Brief is a summary of one specific subject; facts, figures, and explanations to help you learn faster.
List price: $29.00
Copyright year: 2008
Publisher: Yale University Press
Publication date: 1/24/2008
Size: 5.25" wide x 8.00" long x 0.75" tall
|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|
|Equal Protection, Criminal Procedure, Executive Detention|
|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|
|Refusing to Defer|
|Striking the Balance|
|Branches Behaving Badly: Whom Do You Trust?|