The Myth of the Imperial Judiciary: Why the Right Is Wrong about the Courts Contributor(s): Kozlowski, Mark (Author), Lewis, Anthony (Foreword by) |
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ISBN: 0814747957 ISBN-13: 9780814747957 Publisher: New York University Press OUR PRICE: $30.40 Product Type: Paperback - Other Formats Published: January 2006 Annotation: View the Table of Contents. Read the Foreword. "This thoughtful book will appeal to readers across the political spectrum." "An invaluable source . . . for anyone interested in navigating the judiciary's politics." "The Myth of the Imperial Judiciary makes a formidable argument that conservatives indeed have an unrealistic conception of the Supreme Court." "Kozlowski marshals history to show that not only was a strong and active judiciary intended by the Founding Fathers, but also that it has served the nation extremely well." "Kozlowski effectively demonstrates that courts have far less power to operate as free agents than many believe." "Kozlowski marshals history to show that not only was a strong and active judiciary intended by the Founding Fathers, it has served the nation extremely well. . . . A fine piece of scholarship." "How many minds his book will change on a subject so charged with emotion remainds dubious, but the points Mr. Kozlowski makes so expertly cannot in fairness be ignored." Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today's intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the "imperial judiciary." American conservatives contend not only thatjudicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly "unrealistic" conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders' intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises. |
Additional Information |
BISAC Categories: - Political Science | Political Ideologies - Conservatism & Liberalism - Political Science | American Government - Judicial Branch |
Dewey: 347.73 |
Physical Information: 0.74" H x 6.28" W x 8.72" (0.88 lbs) 293 pages |
Descriptions, Reviews, Etc. |
Publisher Description: Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today's intensely ideological assault is nearly unprecedented. |
Contributor Bio(s): Lewis, Anthony: - Anthony Lewis is a former editorial columnist for the New York Times. Kozlowski, Mark: - Mark Kozlowski is Associate Counsel at the Brennan Center for Justice at NYU School of Law, with a Ph.D. in Political Science. He writes about issues of judicial independence on behalf of the Center. His work has appeared in publications such as The New York Times, Boston Herald, and Legal Times, and he is recognized by leading media nationwide as an expert on the judiciary. |