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In an angry age too easily seduced by partisan aggressiveness and simple-minded slogans, Cass R. Sunstein, one of our country's finest legal scholars, argues for a constitutional law based on common sense, patience, modesty, and restraint.
Why Extreme Right-Wing Courts are Wrong for America
Basic Books
August 2005
281 pages
ISBN: 0465083269
Hardcover
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Non-Fiction
Even with the recent changes in its makeup, most people
think the Supreme Court is roughly balanced between left
and right. This is a myth. In fact the justices once
considered right-wing are now the Court's moderates; those
who were once centrists are now the Court's "liberals"; and
the liberal element, once represented by Thurgood Marshall
and William Brennan, has all but disappeared. Many people also think that judicial activism is the
province of liberals. This is also a myth; since William
Rehnquist was confirmed as Chief Justice in 1986, the
Supreme Court has struck down decisions of Congress more
than thirty times-an unprecedented record of judicial
activism. Some conservatives want to return to the
eighteenth-century Constitution or to restore "the
Constitution in Exile," by which they mean the Constitution
as it existed before the administration of Franklin Delano
Roosevelt. In Radicals in Robes, Cass R. Sunstein explains what
this constitutional vision would mean. It would endanger
environmental regulations, campaign finance laws, and the
right to privacy. It would threaten the Federal
Communications Commission, the Securities and Exchange
Commission, the Environmental Protection Agency, and many
other federal agencies. It might well allow states to
establish official religions. It would impose sharp new
limits on Congress's authority to protect rights. Radicals in Robes pulls away the veil of rhetoric
from a dangerous and radical movement and issues a strong
and passionate warning about what some extremists really
intend. One of the most respected legal theorists in the
country, Sunstein here issues a warning of compelling
concern to us all.
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