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THE LONG REACH OF THE SIXTIES

LBJ, NIXON, AND THE MAKING OF THE CONTEMPORARY SUPREME COURT

Kalman presents an accessible, lucid brief on how our Supreme Court appointment system became the mess that it is.

A historically driven explanation for how the Supreme Court appointment process got to be where it is today.

In this important history of the nation’s highest court, Kalman (History/Univ. of California, Santa Barbara; Right Star Rising: A New Politics, 1974-1980, 2010, etc.), a former president of the American Society for Legal History, argues that in a very short period of time, spanning the latter years of Lyndon Johnson’s presidency and the beginning of the Nixon administration, the nature of Supreme Court appointments was utterly transformed. Throughout, she effectively “grounds the efforts by LBJ and Nixon to shape the Court in the political history of their Presidencies.” In the author’s telling, conservatives managed to depict the Supreme Court under Earl Warren, which had been vital for its rulings on black civil rights, the rights of the accused, and so much more, as radically activist—despite the fact that the Warren court was no more “activist” (an ideologically loaded term with little real meaning) than the courts that preceded it or the courts that followed and, more importantly, that the court’s decisions during Warren’s tenure as chief justice tended to adhere closely to public opinion. Kalman argues that a series of contentious (including some failed) nominations from both Johnson and Nixon served to deeply politicize the nomination and confirmation processes, the effects of which she traces through future presidencies. Not all legal history is as readable as this, nor is it as crisply argued without turgid legalese. The author uses a wide range of presidential and judicial archives and mines the presidential recordings from both LBJ’s and Nixon’s White Houses. The author successfully locates the nexus between legal and political history and makes a compelling case for the period in question being a clear and vital turning point.

Kalman presents an accessible, lucid brief on how our Supreme Court appointment system became the mess that it is.

Pub Date: May 2, 2017

ISBN: 978-0-19-995822-1

Page Count: 456

Publisher: Oxford Univ.

Review Posted Online: March 14, 2017

Kirkus Reviews Issue: April 1, 2017

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HOW DEMOCRACIES DIE

The value of this book is the context it provides, in a style aimed at a concerned citizenry rather than fellow academics,...

A provocative analysis of the parallels between Donald Trump’s ascent and the fall of other democracies.

Following the last presidential election, Levitsky (Transforming Labor-Based Parties in Latin America, 2003, etc.) and Ziblatt (Conservative Parties and the Birth of Democracy, 2017, etc.), both professors of government at Harvard, wrote an op-ed column titled, “Is Donald Trump a Threat to Democracy?” The answer here is a resounding yes, though, as in that column, the authors underscore their belief that the crisis extends well beyond the power won by an outsider whom they consider a demagogue and a liar. “Donald Trump may have accelerated the process, but he didn’t cause it,” they write of the politics-as-warfare mentality. “The weakening of our democratic norms is rooted in extreme partisan polarization—one that extends beyond policy differences into an existential conflict over race and culture.” The authors fault the Republican establishment for failing to stand up to Trump, even if that meant electing his opponent, and they seem almost wistfully nostalgic for the days when power brokers in smoke-filled rooms kept candidacies restricted to a club whose members knew how to play by the rules. Those supporting the candidacy of Bernie Sanders might take as much issue with their prescriptions as Trump followers will. However, the comparisons they draw to how democratic populism paved the way toward tyranny in Peru, Venezuela, Chile, and elsewhere are chilling. Among the warning signs they highlight are the Republican Senate’s refusal to consider Barack Obama’s Supreme Court nominee as well as Trump’s demonization of political opponents, minorities, and the media. As disturbing as they find the dismantling of Democratic safeguards, Levitsky and Ziblatt suggest that “a broad opposition coalition would have important benefits,” though such a coalition would strike some as a move to the center, a return to politics as usual, and even a pragmatic betrayal of principles.

The value of this book is the context it provides, in a style aimed at a concerned citizenry rather than fellow academics, rather than in the consensus it is not likely to build.

Pub Date: Jan. 16, 2018

ISBN: 978-1-5247-6293-3

Page Count: 320

Publisher: Crown

Review Posted Online: Nov. 12, 2017

Kirkus Reviews Issue: Dec. 1, 2017

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THE ORDER OF THE DAY

In this meticulously detailed and evocative book, history comes alive, and it isn’t pretty.

A meditation on Austria’s capitulation to the Nazis. The book won the 2017 Prix Goncourt.

Vuillard (Sorrow of the Earth: Buffalo Bill, Sitting Bull and the Tragedy of Show Business, 2017, etc.) is also a filmmaker, and these episodic vignettes have a cinematic quality to them. “The play is about to begin,” he writes on the first page, “but the curtain won’t rise….Even though the twentieth of February 1933 was not just any other day, most people spent the morning grinding away, immersed in the great, decent fallacy of work, with its small gestures that enfold a silent, conventional truth and reduce the entire epic of our lives to a diligent pantomime.” Having established his command of tone, the author proceeds through devastating character portraits of Hitler and Goebbels, who seduced and bullied their appeasers into believing that short-term accommodations would pay long-term dividends. The cold calculations of Austria’s captains of industries and the pathetic negotiations of leaders who knew that their protestations were mainly for show suggest the complicated complicity of a country where young women screamed for Hitler as if he were a teen idol. “The bride was willing; this was no rape, as some have claimed, but a proper wedding,” writes Vuillard. Yet the consummation was by no means as smoothly triumphant as the Nazi newsreels have depicted. The army’s entry into Austria was less a blitzkrieg than a mechanical breakdown, one that found Hitler stalled behind the tanks that refused to move as those prepared to hail his emergence wondered what had happened. “For it wasn’t only a few isolated tanks that had broken down,” writes the author, “not just the occasional armored truck—no, it was the vast majority of the great German army, and the road was now entirely blocked. It was like a slapstick comedy!” In the aftermath, some of those most responsible for Austria’s fall faced death by hanging, but at least one received an American professorship.

In this meticulously detailed and evocative book, history comes alive, and it isn’t pretty.

Pub Date: Sept. 25, 2018

ISBN: 978-1-59051-969-1

Page Count: 144

Publisher: Other Press

Review Posted Online: June 17, 2018

Kirkus Reviews Issue: July 1, 2018

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