A lifetime of scholarship and an elegant pen combine for an outstanding read.
A distinguished legal historian looks at how dissents have influenced our understanding of the Constitution.
Mindful of the institution’s authority and prestige, chief justices have always preferred that the Supreme Court speak with one voice. But disagreements—hardly surprising among powerful personalities asked to navigate the most difficult legal issues—have always been a part of the jurisprudence. While it’s true that most dissents are eminently forgettable, some have contributed mightily to our ongoing Constitutional dialogue. The dissenters address first, of course, the majority, pointing out weak arguments or misunderstood facts; second, the bench, bar, and legal academy; third, the other branches of government; and finally, the public and posterity, all in an attempt to move the law in a direction the majority declines to follow. In this scholarly yet wholly accessible treatment, Urofsky (Emeritus, Law, Public Policy, History/Virginia Commonwealth Univ.; Louis D. Brandeis: A Life, 2009, etc.) chronologically examines notable dissents and dissenters in the court’s history and considers the phenomenon from all angles, including how even the threat of a dissent can help shape the majority opinion. He supplies illuminating discussions of John Marshall Harlan, Oliver Wendell Holmes, and Louis Brandeis, great dissenters whose opinions “carried the seeds for growth and the future transformation of judicial doctrine.” Readers will appreciate Urofsky’s resurrection of some lesser-known justices—Stephen Field, Wiley Rutledge—and their contributions to our Constitutional discourse. Also noteworthy is the author’s dissection of the rhetorical combat among Franklin Roosevelt appointees, his tracking of the evolving understanding of privacy, affirmative action, and sexual orientation from the Warren through the Roberts court, and his treatment of the “permanent dissents” on capital punishment cases. Whether it’s Jackson on wartime internment or Black on the right to counsel, the very best dissents constitute, in one scholar’s words, “buried ammunition for future generations to unearth when the time comes.”
A lifetime of scholarship and an elegant pen combine for an outstanding read.Pub Date: Oct. 13, 2015
ISBN: 978-0-307-37940-5
Page Count: 544
Publisher: Pantheon
Review Posted Online: June 16, 2015
Kirkus Reviews Issue: July 1, 2015
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
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
BOOK REVIEW
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