An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and...
Explaining why Justice John Roberts' surprising support for the Affordable Care Act remains within the bounds of conservative jurisprudence is the takeoff point for Reason senior editor Root in this exploration of how a 150-year-old political and legal conflict has shaped the country.
Where American political life can be divided between progressives and conservatives, the Supreme Court also polarizes around judicial activism versus restraint. As Root notes, one generation's activists often become the next generation's conservatives. Felix Frankfurter, a Franklin Roosevelt appointee to the bench in the 1930s, supported the New Deal, but in a 1962 case, Frankfurter opposed extending the protection of law to voters in a Tennessee voting rights case. Robert Bork, appointed by Ronald Reagan and an idol of conservatives, switched from youthful activism in support of the right to contraception to later restraint on the abortion issue. Seemingly opposites, the older Frankfurter and Bork shared judicial views first systematized by early-20th-century judge Oliver Wendell Holmes. For Holmes, the Supreme Court had no business getting involved in political cases that should be left to the responsibility of legislative majorities and the voters who elect them. As Holmes famously remarked in a letter to a friend in 1920, “If my fellow citizens want to go to Hell I will help them. It's my job.” Damon documents how judicial restraint reduced the 14th Amendment's intended protections of citizens' “immunities and privileges” to a matter of contracts. The author also reviews conservative and libertarian efforts on the legal front since the 1980s and provides kudos to the Cato Institute and Institute for Justice for changing the legal agenda. In the last chapter, “Obamacare on Trial,” Root follows that contentious battle and unpacks Roberts’ surprising conclusions.
An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues.Pub Date: Nov. 4, 2014
ISBN: 978-1137279231
Page Count: 288
Publisher: Palgrave Macmillan
Review Posted Online: Sept. 30, 2014
Kirkus Reviews Issue: Oct. 15, 2014
Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.
“Quality of life means more than just consumption”: Two MIT economists urge that a smarter, more politically aware economics be brought to bear on social issues.
It’s no secret, write Banerjee and Duflo (co-authors: Poor Economics: A Radical Rethinking of the Way To Fight Global Poverty, 2011), that “we seem to have fallen on hard times.” Immigration, trade, inequality, and taxation problems present themselves daily, and they seem to be intractable. Economics can be put to use in figuring out these big-issue questions. Data can be adduced, for example, to answer the question of whether immigration tends to suppress wages. The answer: “There is no evidence low-skilled migration to rich countries drives wage and employment down for the natives.” In fact, it opens up opportunities for those natives by freeing them to look for better work. The problem becomes thornier when it comes to the matter of free trade; as the authors observe, “left-behind people live in left-behind places,” which explains why regional poverty descended on Appalachia when so many manufacturing jobs left for China in the age of globalism, leaving behind not just left-behind people but also people ripe for exploitation by nationalist politicians. The authors add, interestingly, that the same thing occurred in parts of Germany, Spain, and Norway that fell victim to the “China shock.” In what they call a “slightly technical aside,” they build a case for addressing trade issues not with trade wars but with consumption taxes: “It makes no sense to ask agricultural workers to lose their jobs just so steelworkers can keep theirs, which is what tariffs accomplish.” Policymakers might want to consider such counsel, especially when it is coupled with the observation that free trade benefits workers in poor countries but punishes workers in rich ones.
Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.Pub Date: Nov. 12, 2019
ISBN: 978-1-61039-950-0
Page Count: 432
Publisher: PublicAffairs
Review Posted Online: Aug. 28, 2019
Kirkus Reviews Issue: Sept. 15, 2019
SEEN & HEARD
A forceful, necessarily provocative call to action for the preservation and protection of American Jewish freedom.
Known for her often contentious perspectives, New York Times opinion writer Weiss battles societal Jewish intolerance through lucid prose and a linear playbook of remedies.
While she was vividly aware of anti-Semitism throughout her life, the reality of the problem hit home when an active shooter stormed a Pittsburgh synagogue where her family regularly met for morning services and where she became a bat mitzvah years earlier. The massacre that ensued there further spurred her outrage and passionate activism. She writes that European Jews face a three-pronged threat in contemporary society, where physical, moral, and political fears of mounting violence are putting their general safety in jeopardy. She believes that Americans live in an era when “the lunatic fringe has gone mainstream” and Jews have been forced to become “a people apart.” With palpable frustration, she adroitly assesses the origins of anti-Semitism and how its prevalence is increasing through more discreet portals such as internet self-radicalization. Furthermore, the erosion of civility and tolerance and the demonization of minorities continue via the “casual racism” of political figures like Donald Trump. Following densely political discourses on Zionism and radical Islam, the author offers a list of bullet-point solutions focused on using behavioral and personal action items—individual accountability, active involvement, building community, loving neighbors, etc.—to help stem the tide of anti-Semitism. Weiss sounds a clarion call to Jewish readers who share her growing angst as well as non-Jewish Americans who wish to arm themselves with the knowledge and intellectual tools to combat marginalization and defuse and disavow trends of dehumanizing behavior. “Call it out,” she writes. “Especially when it’s hard.” At the core of the text is the author’s concern for the health and safety of American citizens, and she encourages anyone “who loves freedom and seeks to protect it” to join with her in vigorous activism.
A forceful, necessarily provocative call to action for the preservation and protection of American Jewish freedom.Pub Date: Sept. 10, 2019
ISBN: 978-0-593-13605-8
Page Count: 224
Publisher: Crown
Review Posted Online: Aug. 22, 2019
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