The New Roberts Court, Donald Trump, and Our Failing Constitution
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Beschreibung
This book traces the evolution of the constitutional order, explaining Donald Trump’s election as a symptom of a degraded democratic-capitalist system. Beginning with the framers’ vision of a balanced system—balanced between the public and private spheres, between government power and individual rights—the constitutional order evolved over two centuries until it reached its present stage, Democracy, Inc., in which corporations and billionaires wield herculean political power. The five conservative justices of the early Roberts Court, including the late Antonin Scalia, stamped Democracy, Inc., with a constitutional imprimatur, contravening the framers’ vision while simultaneously claiming to follow the Constitution’s original meaning. The justices believed they were upholding the American way of life, but they instead placed our democratic-capitalist system in its gravest danger since World War II. With Neil Gorsuch replacing Scalia, the new Court must choose: Will it follow the early Roberts Court in approving and bolstering Democracy, Inc., or will it restore the crucial balance between the public and private spheres in our constitutional system?
One of the first scholarly books to examine the political implications of the appointment of a new Supreme Court Justice after the death of Justice Antonin Scalia Presents an in-depth perspective on political judicial developments from a leading Constitutional law scholar Places Citizens United and related recent Supreme Court decisions in extensive historical context of developments in American political economy and Constitutional interpretation Offers forward-looking proposals for reforming the political system to restore a more “republican,” public-interest-oriented democracy Includes supplementary material: sn.pub/extras
Autor*in
Stephen M. Feldman
Themen in »The New Roberts Court, Donald Trump, and Our Failing Constitution«
Politics Supreme Court Democracy Economic Policy Judicial System Legislation Court Policy Scalia Finance Progressivism Constitution Laissez Faire Citizens United us politics