The Most Democratic Branch: How the Courts Serve America (Institutions of American Democracy)
| Author | : | |
| Rating | : | 4.95 (750 Votes) |
| Asin | : | 0195174437 |
| Format Type | : | paperback |
| Number of Pages | : | 256 Pages |
| Publish Date | : | 2017-10-15 |
| Language | : | English |
DESCRIPTION:
In The Most Democratic Branch, Jeffrey Rosen disagrees with both assertions. To illustrate, Rosen provides a penetrating look at some of the most important Supreme Court cases in American history--cases involving racial equality, affirmative action, abortion, gay rights and gay marriage, the right to die, electoral disputes, and civil liberties in wartime. And on the rare occasion when they departed from the consensus, the result has often been a disaster. The provocative arguments that he puts forth here are bound to fuel heated debate at a time when the federal judiciary is already the focus of fierce criticism.. Jeffrey Rosen is one of the most respected legal experts writing today, a regular contributor to The New York Times Magazine and the Legal Affairs Editor of The New Republic. Rosen shows that the most notorious constitutional decisions in American history--the ones that have been most strenuously criticized, such as Dred Scott or Roe v. By contrast, the most successful decisions--from Marbury v. Board of Education--have avoided imposing constitutional principles over the wishes of the people. But others argue that judges should stand alone as the ultimate guardians of American
Named by The Chicago Tribune as one of the best magazine journalists in America, he is the author of The Unwanted Gaze and The Naked Crowd, and his essays and commentaries have appeared in The New York Times Magazine, The AtlanticMonthly, The New Yorker, an
"A Decidedly Different View" according to Ricardo Mio. This book has changed my view of the Supreme Court. I say this having taken two college courses in Constitutional Law (Con Law I & II), having read “A History of the Supreme Court” by Bernard Schwartz, and three recent books directly related to the High Court: “The Great Dissent” by Thomas Healy, “Scorpions” by Noah Feldman, and “Louis D. Brandeis: American Prophet,&rdqu. The Proper Role for the Supreme Court Given all the hoopla about whether the federal courts have exceeded their proper boundaries, including recent threats by House and Senate Republicans to retaliate for the Terri Schiavo decisions, it seems an opportune time to consider what is the appropriate role for the Supreme Court in our democratic pollitical system. Jeffrey Rosen's book should contribute mightily toward that end. Rosen writes as a George Wa. "The Jurisprudence of Hindsight" according to Omer Belsky. What's the job of a judge? When facing a difficult legal question, how should Judges go about in solving them? This is the main question of Jurisprudence. Broadly speaking, there are two schools of answers.One perspective holds that legal questions have answers within the legal material. Different people of this persuasion believe that the answers are located in different places - in precedent, in the original i
Finally, and perhaps most controversially, in an era when "constitutional politics has become a blood sport," Rosen calls for bipartisan judicial modesty and restraint. (June 15)Copyright © Reed Business Information, a division of Reed Elsevier Inc. In Brown v. Wade, Rosen, legal affairs editor for the New Republic and a professor of law at George Washington University, offers a thoughtful view of what has made Court pronouncements effective and how the Court can actually maintain its independence by following the mainstream of public opinion. All rights re