A narrowly focused but eminently timely reproach to yet another Trumpian threat to the republic.
Constitutional lawyer Rips lays out a legal case for not admitting Amy Coney Barrett to the Supreme Court.
The author, who served as a clerk for Supreme Court Justice William Brennan, advances a technical argument that he asserts disqualifies Barrett from being named an associate justice: Her nomination is a violation of the religious test clause of the Constitution, the only clause, he adds, that by design cannot be amended. The violation lies less in Barrett’s belonging to an “insular, predominantly Catholic covenant community”—the tenets of which include overturning Roe v. Wade and infringing on LGBTQ+ rights, including the right of marriage—than it does in Trump’s turning the selection and vetting of the nominee over to a group of evangelicals. He did so, Rips asserts, to cement their support in the presidential election, since he had been losing support among fundamentalists, a strong component of his base. The religious test clause, controversial when added at the insistence of the Federalists, is specific. “The violation comes from allowing a particular religious group a dominant influence in determining who takes public office—it is the poisoned process, not its result, which constitutes the constitutional violation,” writes the author. Naturally enough, he suggests, Barrett does not accept the clause as written, though she has claimed to be guided by it and other precedents—though not the “superprecedent” of Roe. Rips calls for a lawsuit to be filed to enjoin Barrett from taking the bench until the religious test issue is resolved, adding that if the Republicans railroad her to the position, then she can be removed. “In that filing,” he holds, “it needs to be made evident that the courts will be defending the religion clauses of the Constitution but ultimately this democracy, this nation, from the interventions of a minority sect.”
A narrowly focused but eminently timely reproach to yet another Trumpian threat to the republic.Pub Date: Oct. 29, 2020
ISBN: 978-1-68219-405-8
Page Count: 104
Publisher: OR Books
Review Posted Online: Nov. 2, 2020
Kirkus Reviews Issue: Dec. 1, 2020
A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.
Words that made a nation.
Isaacson is known for expansive biographies of great thinkers (and Elon Musk), but here he pens a succinct, stimulating commentary on the Founding Fathers’ ode to “life, liberty, and the pursuit of happiness.” His close reading of the Declaration of Independence’s second sentence, published to mark the 250th anniversary of the document’s adoption, doesn’t downplay its “moral contradiction.” Thomas Jefferson enslaved hundreds of people yet called slavery “a cruel war against human nature” in his first draft of the Declaration. All but 15 of the document’s 56 signers owned enslaved people. While the sentence in question asserted “all men are created equal” and possess “unalienable rights,” the Founders “consciously and intentionally” excluded women, Native Americans, and enslaved people. And yet the sentence is powerful, Isaacson writes, because it names a young nation’s “aspirations.” He mounts a solid defense of what ought to be shared goals, among them economic fairness, “moral compassion,” and a willingness to compromise. “Democracy depends on this,” he writes. Isaacson is excellent when explaining how Enlightenment intellectuals abroad influenced the founders. Benjamin Franklin, one of the Declaration’s “five-person drafting committee,” stayed in David Hume’s home for a month in the early 1770s, “discussing ideas of natural rights” with the Scottish philosopher. Also strong is Isaacson’s discussion of the “edits and tweaks” made to Jefferson’s draft. As recommended by Franklin and others, the changes were substantial, leaving Jefferson “distraught.” Franklin, who emerges as the book’s hero, helped establish municipal services, founded a library, and encouraged religious diversity—the kind of civic-mindedness that we could use more of today, Isaacson reminds us.
A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.Pub Date: Nov. 18, 2025
ISBN: 9781982181314
Page Count: 80
Publisher: Simon & Schuster
Review Posted Online: Aug. 29, 2025
Kirkus Reviews Issue: Oct. 1, 2025
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Cogent, well-timed ideas for meeting today’s biggest challenges.
Helping liberals get out of their own way.
Klein, a New York Times columnist, and Thompson, an Atlantic staffer, lean to the left, but they aren’t interrogating the usual suspects. Aware that many conservatives have no interest in their opinions, the authors target their own side’s “pathologies.” Why do red states greenlight the kind of renewable energy projects that often languish in blue states? Why does liberal California have the nation’s most severe homelessness and housing affordability crises? One big reason: Liberal leadership has ensnared itself in a web of well-intentioned yet often onerous “goals, standards, and rules.” This “procedural kludge,” partially shaped by lawyers who pioneered a “democracy by lawsuit” strategy in the 1960s, threatens to stymie key breakthroughs. Consider the anti-pollution laws passed after World War II. In the decades since, homeowners’ groups in liberal locales have cited such statutes in lawsuits meant to stop new affordable housing. Today, these laws “block the clean energy projects” required to tackle climate change. Nuclear energy is “inarguably safer” than the fossil fuel variety, but because Washington doesn’t always “properly weigh risk,” it almost never builds new reactors. Meanwhile, technologies that may cure disease or slash the carbon footprint of cement production benefit from government support, but too often the grant process “rewards caution and punishes outsider thinking.” The authors call this style of governing “everything-bagel liberalism,” so named because of its many government mandates. Instead, they envision “a politics of abundance” that would remake travel, work, and health. This won’t happen without “changing the processes that make building and inventing so hard.” It’s time, then, to scrutinize everything from municipal zoning regulations to the paperwork requirements for scientists getting federal funding. The authors’ debut as a duo is very smart and eminently useful.
Cogent, well-timed ideas for meeting today’s biggest challenges.Pub Date: March 18, 2025
ISBN: 9781668023488
Page Count: 288
Publisher: Avid Reader Press
Review Posted Online: Jan. 16, 2025
Kirkus Reviews Issue: Feb. 15, 2025
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