Review by Publisher's Weekly Review
Chemerinsky (Closing the Courthouse Door), dean of the University of California, Berkeley, School of Law, articulates an alternative vision for the Supreme Court of the United States in this relatively accessible polemic. To open, he examines the prevailing conservative values and vision of the court, as well as what he considers conservative justices' false claims of ideological neutrality, delving into "originalism" and its employment as a cover for conservative judicial activism. He also counters arguments that the court should not be able to strike down laws and executive actions, and lays out a case for identifying core values in the U.S. Constitution. In Chemerinsky's view, the preamble to the Constitution, despite being "largely ignored" or "treated as a mere rhetorical flourish," holds the key to understanding the values inherent in the document, namely ensuring democratic government, providing effective governance, establishing justice, securing liberty, and achieving equality. The remainder of the book details these five values and cites Supreme Court cases relevant to each. The work has value as a history, and Chemerinsky levies trenchant critiques of the Supreme Court's recent decision making; however, those who don't agree with the author that certain liberal values are self-evidently good may not be swayed, and he offers no material way to change the situation. (Nov.) © Copyright PWxyz, LLC. All rights reserved.
(c) Copyright PWxyz, LLC. All rights reserved
Review by Library Journal Review
With Brett Kavanaugh's confirmation to the Supreme Court in October 2018, the Court now solidly represents the conservative legal view. For Chemerinsky, a leading U.S. legal scholar and currently dean of the Berkeley School of Law, there exists an alternative perspective, one that reflects a progressive outlook on the law. Chemerinsky takes issue with the "originalist" ideals of the late Justice Antonin Scalia and others who argue that the Constitution must be interpreted only in the light of what was allegedly the mind-set of the Founding Fathers. Instead, the author believes that the Constitution is a living document that can only best be interpreted through the lens of contemporary thought and culture. He also places a great deal of importance on the Preamble to the Constitution, which inspired the title of this book, and its focus on liberty and justice. VERDICT Those troubled by the Court's trending rightward can take solace in Chemerinsky's learned articulation of a different outlook. His valuable counterpoint to the current Court's dominant view is recommended for all collections.-Ed Goedeken, Iowa State Univ. Lib., Ames © Copyright 2019. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
(c) Copyright Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
Review by Kirkus Book Review
The veteran author of numerous volumes about the Constitution and the courts returns with a close look at our founding document through progressive eyes.Chemerinsky (Dean, Univ. of California School of Law; Closing the Courthouse Door: How Your Constitutional Rights Became Unenforceable, 2017, etc.) pulls no punches. In the first sentence he mentions the "devastating" election of Donald Trump, and throughout he expresses deep concern about the certain consequent conservative bent of the Supreme Court. After some initial comments about the state of the Constitution todayand the challenges to progressiveshe guides us through the document, emphasizing what he identifies as key provisions and pointing out where he thinks the Supreme Court has succeeded and where it has erred. One crucial point he raises continually: the significance of the Preamble, for it is there, he argues, that the values of the document (and of us) reside, and yet the court tends to ignore that portion of the Constitution, basing decisions on articles and amendments. Chemerinsky believes this is a mistake and that the courts should apply the democratic values contained in the Preamble. After this section, the author moves through the document, examining such issues as the Electoral College (get rid of it, he says), federalism, the separation of powers, fairness in policing practices and court-imposed punishments, freedoms of religion and speech, privacy, affirmative action, and others. He balances his patent passion for the issues he has identified with scholarly documentation and many references to and descriptions of key court cases and decisions. Repeatedly, he praises the protections and social advances made possible by liberal justices and condemns the restrictions and corporate-friendly decisions of the conservatives. With modesty, he also admits his own losses in cases he argued before the court.The explicit subtitle will likely dissuade some, but Chemerinsky's rock-solid arguments are rooted in history, in a profound progressive philosophy. Copyright Kirkus Reviews, used with permission.
Copyright (c) Kirkus Reviews, used with permission.
