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Cargando... Overruled: The Long War for Control of the U.S. Supreme Court (2014 original; edición 2014)por Damon Root (Autor)
Información de la obraOverruled: The Long War for Control of the U.S. Supreme Court por Damon Root (2014)
![]() Ninguno Actualmente no hay Conversaciones sobre este libro. ![]() ![]() ![]() ![]() Root's libertarian bias is evident in his positive view of judicial activism in recent gun rights and campaign finance cases. In this era of corporations as persons and umlimited campaign spending as free speech, perhaps its time for some old-time progressive action by legislative bodies and judicial restraint by the courts. ![]() I was taught in my high school US Government classes that the Constitution was set up to protect "We the People" against mob rule. In today's world that essentially means "governing by polls" And that the Supreme Court's job was to make sure that laws were constitutional. Turns out my teachers, and me by extension, were wrong once more. The author, Damon Root, tells us that judicial restraint = judicial deference = bending over backwards to ensure that laws passed by Congress are upheld, regardless of any violation of individual rights. Further, judicial activism - usually decried as a liberal plot - these days is actually the darling of libertarianism, and finds that the Constitution says individual rights should trump deference to Congress. All of this cut against the grain of what I'd been taught that I had to read it twice to make sure I understood the basic concepts. Another reading is probably due. I found Mr. Root's book to be interesting, well-researched, well-written, and I will find a way to read more of his works. His political beliefs are probably somewhat to the right of mine, but I always enjoy hearing the other side's arguments, especially when they are laid out as well as this one was. i recommend it to anyone with more than a passing interest in how our government works. ![]() All of the above said, this is not a book about which non-lawyers will remember much more than some of the general ideas it presents unless he/she reads it a second time and studies it carefully.. sin reseñas | añadir una reseña
"Can the federal government make you eat your fruits and vegetables? Supreme Court nominee Elena Kagan seemed to think so when asked if she thought Congress possessed the constitutional power to force every American to "eat three fruits and three vegetables every day." Kagan laughed and said that while it sounded like "a dumb law," that did not make it an unconstitutional one. In other words, if you don't like what your lawmakers have done, take your complaint to the ballot box, not to the courthouse. It was a classic case of judicial restraint, the idea that judges should defer to the will of the majority and refrain from striking down most democratically-enacted laws, even the really dumb ones. Judicial restraint and judicial activism cut across the political spectrum in surprising ways and make for some unusual bedfellows. Judicial restraint is not only a touchstone of the Progressive left, it is also a philosophy adopted by many members of the modern right. The growing camp of libertarians and free-market conservatives, however, has no patience with judicial restraint and little use for majority rule. Chief Justice Roberts' 2012 ruling in favor of Obama's health care law is an excellent case in point, though only the most recent. This is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system"-- No se han encontrado descripciones de biblioteca. |
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![]() GénerosSistema Decimal Melvil (DDC)347.73Social sciences Law Courts And Procedure North America United StatesClasificación de la Biblioteca del CongresoValoraciónPromedio:![]()
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