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Überherrscht: Der lange Krieg um die Kontrolle des Obersten Gerichtshofs der USA: Der lange Krieg...-
by Root, Damon | HC | Acceptable
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- Binding
- Hardcover
- Weight
- 1 lbs
- Product Group
- Book
- IsTextBook
- No
- ISBN
- 9781137279231
Über dieses Produkt
Product Identifiers
Publisher
St. Martin's Press
ISBN-10
1137279230
ISBN-13
9781137279231
eBay Product ID (ePID)
201636910
Product Key Features
Book Title
Overruled : the Long War for Control of the U. S. Supreme Court
Number of Pages
288 Pages
Language
English
Publication Year
2014
Topic
American Government / Judicial Branch, Judicial Power
Illustrator
Yes
Genre
Law, Political Science
Format
Hardcover
Dimensions
Item Height
1.1 in
Item Weight
16.2 Oz
Item Length
9.5 in
Item Width
6.5 in
Additional Product Features
Intended Audience
Trade
LCCN
2014-017851
Dewey Edition
23
Reviews
Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter--the most overrated justices in our history--had not the foggiest notion of the Constitution., An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues., "An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."- Kirkus Reviews "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."-Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."-David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power, "Damon Root…traces the differences between judicial conservatives and libertarians, and advances the libertarians' cause… Overruled is a sober, well-researched, and thoughtful case for the libertarian point of view on judicial issues." - Washington Monthly "…The most thorough account of the libertarian-conservative debate over judicial review…a valuable guide to both the past and the potential future of these important issues." - The Washington Post "Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter-the most overrated justices in our history-had not the foggiest notion of the Constitution."- Wall Street Journal "An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."- Kirkus Reviews "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."-Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."-David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power, Damon Root...traces the differences between judicial conservatives and libertarians, and advances the libertarians' cause... Overruled is a sober, well-researched, and thoughtful case for the libertarian point of view on judicial issues., "…The most thorough account of the libertarian-conservative debate over judicial review…a valuable guide to both the past and the potential future of these important issues." - The Washington Post "Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter-the most overrated justices in our history-had not the foggiest notion of the Constitution."- Wall Street Journal "An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."- Kirkus Reviews "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."-Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."-David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power, I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty., "Damon Root...traces the differences between judicial conservatives and libertarians, and advances the libertarians' cause... Overruled is a sober, well-researched, and thoughtful case for the libertarian point of view on judicial issues." -- Washington Monthly "...The most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues." -- The Washington Post "Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter--the most overrated justices in our history--had not the foggiest notion of the Constitution." -- Wall Street Journal "An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues." -- Kirkus Reviews "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -- P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -- Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow." -- Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty." -- David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power, A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book., "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."-Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."-David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power, ...The most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues., In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all., Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow., "Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter-the most overrated justices in our history-had not the foggiest notion of the Constitution."- Wall Street Journal "An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."- Kirkus Reviews "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."-Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."-David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power
Dewey Decimal
347.73/26
Table Of Content
CONTENTS Introduction: The Long War 1. "The Right of Free Labor" 2. The Devil and Oliver Wendell Holmes 3. "Robert Bork's America" 4. Libertarians vs. Conservatives 5. Litigating for Liberty 6. Guns, Lawyers, and Butchers 7. Obamacare on Trial Epilogue: No Peace Acknowledgments Select Bibliography Notes Index
Synopsis
Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform. It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike downany state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled 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., 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., Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform. It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled 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.
LC Classification Number
KF8742.R655 2014
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- v***v (2078)- Bewertung vom Käufer.Letzte 6 MonateBestätigter KaufAlthough this book was not as described, with no picture of it in the listing, the seller communicated well and quickly gave me a full refund while letting me keep it. The minimal packaging left the book a bit vulnerable (typical for ThriftBooks), but it did arrive safely and timely. As usual, it’s hit or miss with this seller, but often times you can get great values, and their customer service is always very good. Many other sellers with millions of transactions don’t even communicate.
- c***m (431)- Bewertung vom Käufer.Letzte 6 MonateBestätigter KaufWOW!; I cannot believe this 3 Days to Hawaii! ; AAA+++; Excellent Service; Great Pricing; Fast Delivery-Faster Than Expected to Hawaii!; Shipped 05/05, Mon, Received 05/08, Thu to Hawaii using free shipping; USPS Ground Mail, Book in Excellent Condition--Better Than Described ; TLC Packaging; Excellent Seller Communication, Sends updates . Highly Recommended!, Thank you very much!The Internment of Japanese Americans During World War II (Nr. 146005407795)
- 7***j (826)- Bewertung vom Käufer.Letzter MonatBestätigter KaufI recently purchased an item from this eBay seller, and I couldn't be happier with the experience. From the prompt communication to the fast shipping, everything was handled with utmost professionalism. The item arrived exactly as described and was well-packaged to ensure its safety during transit. The seller was courteous and responsive, making the entire transaction smooth and hassle-free. I highly recommend this seller to anyone looking for quality products and excellent service.