Kamis, 06 Agustus 2020

Read The Most Dangerous Branch: Inside the Supreme Court in the Age of Trump By David A. Kaplan

Read The Most Dangerous Branch: Inside the Supreme Court in the Age of Trump By David A. Kaplan

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The Most Dangerous Branch: Inside the Supreme Court in the Age of Trump-David A. Kaplan

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The former legal affairs editor of Newsweek takes us inside the secret world of the Supreme Court and shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril.Never before has the Court been more central in American life. It is now the nine justices who too often decide the biggest issues of our time—from abortion and same-sex marriage to gun control, campaign finance, and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The newest justice, Brett Kavanaugh—replacing Anthony Kennedy—is even more important, holding the swing vote over so much social policy. With the 2020 campaign underway, and with two justices in their ’80s, the Court looms even larger. Is that really how democracy is supposed to work?Based on exclusive interviews with the justices, Kaplan provides fresh details about life behind the scenes at the Court: the reaction to Kavanaugh’s controversial arrival, the new role for Chief Justice John Roberts, Clarence Thomas's simmering rage, Antonin Scalia's death, Ruth Bader Ginsburg's celebrity, Breyer Bingo, and the petty feuding between Gorsuch and the chief justice.Kaplan offers a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United. (He also faults the Court for not getting involved when it should—for example, to limit partisan gerrymandering.) But the arrogance of the Court isn't partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court's transcendent power, as well as presenting an intimate inside look at the Court, The Most Dangerous Branch is sure to rile both sides of the political aisle.

Book The Most Dangerous Branch: Inside the Supreme Court in the Age of Trump Review :



The Republicans have controlled the Supreme Court for the past fifty years. Abraham Lincoln was the first Republican president. There have been twenty-nine presidents since then but only nine have been Democrats. Of course, the Republican Party has changed a lot since the days of Lincoln. In recent years it has gone way to the right.The book is well written and researched. Kaplan had many interviews with the Justices and their law clerks as well as reviewed the archives. Kaplan provides an overview of the Court and the role between executive, legislative and judicial. Most of the book covers Justices and the Court of the past few years. He describes how Gorsuch has changed the Court and the retirement of Kennedy. The book is not unbiased even though Kaplan points out the failures of the liberal wing. Kaplan attempts to build a case that the Court has exceeded its role and the legislature has failed to do its job. I was surprised to discover that Kaplan discussed Kavanaugh as a potential to replace Kennedy and how that would affect the make-up of the Court. Kaplan is a journalist and the book is written in that style. It is very easy to read for a lay person. I thoroughly enjoyed reading the book and learning about the current Court. I had this book on preorder from Amazon and it was released and arrived on my iPad Kindle app on the first day of the Kavanaugh hearings. My, what timing! The book is 464 pages and I read it as an e-book.
This is a substantial analysis of essentially the Roberts Court (2005 to the present), although the author sometimes dips back into earlier history to discuss a point. It is divided into two parts: Characters and Cases. The author's primary thesis is that the Court has been too active in too many different areas and usurped the prerogatives of the other two branches, especially Congress, thereby imperiling American democracy. The heroes of the book are not any of the current justices particularly, but essentially the great scholars and judges of the past who argued for a more restrained Court. These individuals include Justices Holmes, Frankfurter and Brandeis, Learned Hand, as well as especially the late scholar Alexander Bickel (especially his "The Least Dangerous Branch").The individual portraits of the Justices enable the reader to appreciate their individual personalities and how they interact together. The author is critical of several of the Justices: Gorsuch, Roberts, and especially Kennedy who gets a lot of critical attention. This is because for many key years, Kennedy was the swing vote shifting back and forth between the conservative and liberal "flanks" of Justices. The author is unsparing in criticizing Kennedy for lustfully embracing opportunities to plunge into new areas such as the 1965 Voting Rights Act and gay marriage. I was surprised to see that the author has not jumped onto the Justice Ginsberg bandwagon, despite her positive reviews from the press and in other books. Scalia as well does not play a prominent role in the author's assessment. His evaluations of Breyer and Kagan are positive, seeing Breyer as focusing on the functioning of democratic government while Kagan is interested in doctrinaire arguments.Things get really interesting when the author discusses individual cases in the second part of the book. His chapter on the "Sleeping Giant" is a useful compact history of the major trends in the Court's history. The author's primary yardstick for evaluating cases if whether he believes the Court should even have taken them on for decision. For example, he is almost livid in attacking Roe v. Wade, which "snubbed" state legislatures and ever after has generated intense hostility toward the Court. The greatest self-inflicted wound is Bush v. Gore, where the Court ignored a controlling Congressional statute in order to rule the day. Next in line are the Heller second amendment decision, the 1965 Voting Rights Act case, Citizens United's take on the campaign finance laws, and the gay marriage decision. All these decisions, in the author's opinion, involved the Court rushing into areas where it really had no business or need to intervene. The Court has invaded these areas because it could, and there is no indication that the Court will not continue this undermining of democracy in the future. Obviously, some readers will surely disagree that some of these cases were ill-advised and unnecessary for decision.The epilogue is interesting for the author's observations about Roberts' role in the Obamacare decision and the revival of the Commerce Clause as a restraint on federal power. The narrative is supported by 42 pages of notes, a table of cases, and an index. Whether or not you agree with the author's overwhelming thesis, a reader will learn a good deal about the Court from this volume. It is especially gratifying for me to see Alex Bickel resume the spotlight (he died far too young in 1974), and perhaps he can once again sharpen our judgments about the Court.

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Read The Most Dangerous Branch: Inside the Supreme Court in the Age of Trump By David A. Kaplan Rating: 4.5 Diposkan Oleh: salmamal

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