Sensible arguments opposing what seems like the wave of the future.
A legal expert examines “a dangerous approach to constitutional law that would jeopardize many basic rights and advances in equality.”
In his latest, Chemerinsky, the dean of Berkeley Law School, delivers a lucid, convincing attack on a prominent legal philosophy, though he admits that it is unlikely to change its adherents’ minds. The author writes that the Constitution is an impressive document written by brilliant men who considered it a framework that defined the responsibilities and limitations of government. For nearly two centuries, judges interpreted it broadly to deal with issues in an ever changing world. Matters changed after World War II when the Supreme Court issued a series of decisions that infuriated conservatives, certain they were based on the judges’ personal (and liberal) values. At only four pages, the Constitution seems limited, but scholars maintained that intense study would reveal the Founders’ true intentions. Proponents of originalism postulated that those intentions, plus their beliefs at the time they wrote the document (and of those who wrote amendments), must serve as the sole determining factors for a legal decision. Chemerinsky maintains that this makes no sense. Madison and Hamilton violently disagreed on major constitutional issues of executive power and of Congress’ spending power. Who was right? The 14th Amendment, which guarantees “equal protection,” has long been taken literally, but the intent of the framers in 1868 was to protect freed slaves. Therefore, originalists insist, it does not forbid discrimination against women, racial minorities, the disabled, or gay citizens. They maintain that there is no constitutional right to privacy because the Constitution doesn’t mention it. In a disheartening look toward the future, Chemerinsky warns that the Supreme Court, now solidly originalist, will radically transform our nation in the decades to come. Roe v. Wade has been overturned already, and the author also explores rulings that restrict environmental protection and immigration and expand the right to carry guns.
Sensible arguments opposing what seems like the wave of the future.Pub Date: Sept. 6, 2022
ISBN: 978-0-300-25990-2
Page Count: 264
Publisher: Yale Univ.
Review Posted Online: Aug. 11, 2022
Kirkus Reviews Issue: Sept. 1, 2022
This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”
The powerful story of a father’s past and a son’s future.
Atlantic senior writer Coates (The Beautiful Struggle: A Father, Two Sons, and an Unlikely Road to Manhood, 2008) offers this eloquent memoir as a letter to his teenage son, bearing witness to his own experiences and conveying passionate hopes for his son’s life. “I am wounded,” he writes. “I am marked by old codes, which shielded me in one world and then chained me in the next.” Coates grew up in the tough neighborhood of West Baltimore, beaten into obedience by his father. “I was a capable boy, intelligent and well-liked,” he remembers, “but powerfully afraid.” His life changed dramatically at Howard University, where his father taught and from which several siblings graduated. Howard, he writes, “had always been one of the most critical gathering posts for black people.” He calls it The Mecca, and its faculty and his fellow students expanded his horizons, helping him to understand “that the black world was its own thing, more than a photo-negative of the people who believe they are white.” Coates refers repeatedly to whites’ insistence on their exclusive racial identity; he realizes now “that nothing so essentialist as race” divides people, but rather “the actual injury done by people intent on naming us, intent on believing that what they have named matters more than anything we could ever actually do.” After he married, the author’s world widened again in New York, and later in Paris, where he finally felt extricated from white America’s exploitative, consumerist dreams. He came to understand that “race” does not fully explain “the breach between the world and me,” yet race exerts a crucial force, and young blacks like his son are vulnerable and endangered by “majoritarian bandits.” Coates desperately wants his son to be able to live “apart from fear—even apart from me.”
This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”Pub Date: July 8, 2015
ISBN: 978-0-8129-9354-7
Page Count: 176
Publisher: Spiegel & Grau
Review Posted Online: May 5, 2015
Kirkus Reviews Issue: July 1, 2015
BOOK REVIEW
BOOK REVIEW
SEEN & HEARD
BOOK TO SCREEN
BOOK TO SCREEN
A fierce, penetrating, and empowering call for change.
Artist and activist Vaid-Menon demonstrates how the normativity of the gender binary represses creativity and inflicts physical and emotional violence.
The author, whose parents emigrated from India, writes about how enforcement of the gender binary begins before birth and affects people in all stages of life, with people of color being especially vulnerable due to Western conceptions of gender as binary. Gender assignments create a narrative for how a person should behave, what they are allowed to like or wear, and how they express themself. Punishment of nonconformity leads to an inseparable link between gender and shame. Vaid-Menon challenges familiar arguments against gender nonconformity, breaking them down into four categories—dismissal, inconvenience, biology, and the slippery slope (fear of the consequences of acceptance). Headers in bold font create an accessible navigation experience from one analysis to the next. The prose maintains a conversational tone that feels as intimate and vulnerable as talking with a best friend. At the same time, the author's turns of phrase in moments of deep insight ring with precision and poetry. In one reflection, they write, “the most lethal part of the human body is not the fist; it is the eye. What people see and how people see it has everything to do with power.” While this short essay speaks honestly of pain and injustice, it concludes with encouragement and an invitation into a future that celebrates transformation.
A fierce, penetrating, and empowering call for change. (writing prompt) (Nonfiction. 14-adult)Pub Date: June 2, 2020
ISBN: 978-0-593-09465-5
Page Count: 64
Publisher: Penguin Workshop
Review Posted Online: March 14, 2020
Kirkus Reviews Issue: April 1, 2020
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