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 timely contribution to the discussion of a crucial issue.
A history of the right to vote in America.
Since the nation’s founding, many Americans have been uneasy about democracy. Law and policy expert Waldman (The Second Amendment: A Biography, 2014, etc.), president of New York University’s Brennan Center for Justice, offers a compelling—and disheartening—history of voting in America, from provisions of the Constitution to current debates about voting rights and campaign financing. In the Colonies, only white male property holders could vote and did so in public, by voice. With bribery and intimidation rampant, few made the effort. After the Revolution, many states eliminated property requirements so that men over 21 who had served in the militia could vote. But leaving voting rules to the states disturbed some lawmakers, inciting a clash between those who wanted to restrict voting and those “who sought greater democracy.” That clash fueled future debates about allowing freed slaves, immigrants, and, eventually, women to vote. In 1878, one leading intellectual railed against universal suffrage, fearing rule by “an ignorant proletariat and a half-taught plutocracy.” Voting corruption persisted in the 19th century, when adoption of the secret ballot “made it easier to stuff the ballot box” by adding “as many new votes as proved necessary.” Southern states enacted disenfranchising measures, undermining the 15th Amendment. Waldman traces the campaign for women’s suffrage; the Supreme Court’s dismal record on voting issues (including Citizens United); and the contentious fight to pass the Voting Rights Act of 1965, which “became a touchstone of consensus between Democrats and Republicans” and was reauthorized four times before the Supreme Court “eviscerated it in 2013.” Despite increased access to voting, over the years, turnout has fallen precipitously, and “entrenched groups, fearing change, have…tried to reduce the opportunity for political participation and power.” Waldman urges citizens to find a way to celebrate democracy and reinvigorate political engagement for all.
A timely contribution to the discussion of a crucial issue.Pub Date: Feb. 23, 2016
ISBN: 978-1-5011-1648-3
Page Count: 384
Publisher: Simon & Schuster
Review Posted Online: Nov. 28, 2015
Kirkus Reviews Issue: Dec. 15, 2015
This guide to Black culture for White people is accessible but rarely easy.
A former NFL player casts his gimlet eye on American race relations.
In his first book, Acho, an analyst for Fox Sports who grew up in Dallas as the son of Nigerian immigrants, addresses White readers who have sent him questions about Black history and culture. “My childhood,” he writes, “was one big study abroad in white culture—followed by studying abroad in black culture during college and then during my years in the NFL, which I spent on teams with 80-90 percent black players, each of whom had his own experience of being a person of color in America. Now, I’m fluent in both cultures: black and white.” While the author avoids condescending to readers who already acknowledge their White privilege or understand why it’s unacceptable to use the N-word, he’s also attuned to the sensitive nature of the topic. As such, he has created “a place where questions you may have been afraid to ask get answered.” Acho has a deft touch and a historian’s knack for marshaling facts. He packs a lot into his concise narrative, from an incisive historical breakdown of American racial unrest and violence to the ways of cultural appropriation: Your friend respecting and appreciating Black arts and culture? OK. Kim Kardashian showing off her braids and attributing her sense of style to Bo Derek? Not so much. Within larger chapters, the text, which originated with the author’s online video series with the same title, is neatly organized under helpful headings: “Let’s rewind,” “Let’s get uncomfortable,” “Talk it, walk it.” Acho can be funny, but that’s not his goal—nor is he pedaling gotcha zingers or pleas for headlines. The author delivers exactly what he promises in the title, tackling difficult topics with the depth of an engaged cultural thinker and the style of an experienced wordsmith. Throughout, Acho is a friendly guide, seeking to sow understanding even if it means risking just a little discord.
This guide to Black culture for White people is accessible but rarely easy.Pub Date: Nov. 10, 2020
ISBN: 978-1-250-80046-6
Page Count: 256
Publisher: Flatiron Books
Review Posted Online: Oct. 12, 2020
Kirkus Reviews Issue: Nov. 1, 2020
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