Overruled: The Long War for Control of the U.S. Supreme Court - Hardcover

Root, Damon

Hardcover

ISBN 10: 1137279230 ISBN 13: 9781137279231

Publisher: St. Martin's Press, 2014

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 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.

About this title

About the Author:

Damon Root is a senior editor at Reason magazine. He is the winner of the 2015 Los Angeles Press Club Award for Best Political/Government Reporting and the winner of the 2011 R.C. Hoiles Prize for Journalism. Root's work has been cited by the Texas Supreme Court and by leading academic journals. He has been featured on C-SPAN's Book TV, the Fox Business Channel, Sirius Satellite Radio, the 92nd Street Y's "Campaign for the American Conversation," and numerous radio stations around the country.

Review:

"An impressive account... Root's work is a valuable guide to both the past and the potential future of these important issues." (The Washington Post)

"Sober, well-researched, and thoughtful." (The Washington Monthly)

"Fun stuff and informative even for insiders." (The Wall Street Journal)

"Historically rich and elegantly written." (National Review)

"Timely, important, and provocative." (The Florida Bar Journal)

"This is an accessibly written and often witty book. It will make you think." (The Washington Lawyer)

"A wonderful book." (George Will, syndicated columnist)

"Superb.... [Overruled] accurately and candidly describes a fissure that has indeed, as Damon says, defined American law over the past century." (Jeffrey Rosen, President of the National Constitution Center)

"If you're upset with the Supreme Court, read Damon Root's Overruled." (Forbes)

"A great addition to your personal bookshelf as well as to the collection of an academic law library." (Law Library Journal)

"The conflict between judicial activism and judicial restraint has been part of the Supreme Court since its inception. In this book, Root, senior editor at Reason magazine, takes a fresh look at activism vs. restraint by placing judicial interpretation at the center of the ideological disagreements between libertarians and conservatives that have taken place throughout U.S. history.... The segments about gun control and the Affordable Care Act are especially compelling." (Library Journal)

"[A] valuable new book." (The Huffington Post)

"In an enjoyable journalistic style, [Overruled] effectively covers many Supreme Court decisions and legal issues." (The Federal Lawyer)

"What makes the book especially interesting is its delineation of important conflicts between mainstream political conservatives, who emphasize 'judicial restraint' and the Court's deference to 'majority rule,' and contemporary libertarians who embrace a far more 'engaged' role for the judiciary that is highly critical of submission to legislatures and the statutes they pass." (The History Book Club)

About this edition

• Publisher: St. Martin's Press
• Publication date: 2014
• ISBN 10: 1137279230
• ISBN 13: 9781137279231
• Binding: Hardcover
• Edition number: 1
• Number of pages: 288