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The Myth of Judicial Activism Kermit Roosevelt

The Myth of Judicial Activism By Kermit Roosevelt

The Myth of Judicial Activism by Kermit Roosevelt


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Summary

Considers the debate over 'judicial activism'. This work offers a simple way to resolve the heated discord between conservatives, who argue that the Constitution is immutable, and progressives, who insist it is a living document that must be reinterpreted in new cultural contexts so that its meaning evolves.

The Myth of Judicial Activism Summary

The Myth of Judicial Activism: Making Sense of Supreme Court Decisions by Kermit Roosevelt

Can the Constitution change with the times without forsaking the framers' original intent?

This carefully considered book is a welcome addition to the debate over judicial activism. Constitutional scholar Kermit Roosevelt III offers an elegantly simple way to resolve the heated discord between conservatives, who argue that the Constitution is immutable, and progressives, who insist that it is a living document that must be reinterpreted in new cultural contexts so that its meaning evolves. Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document. Recent years have witnessed an increasing drumbeat of complaints about judicial behavior, focusing particularly on Supreme Court decisions that critics charge are reflections of the Justices' political preferences rather than enforcement of the Constitution. The author takes a balanced look at these controversial decisions through a compelling new lens of constitutional interpretation. He clarifies the task of the Supreme Court in constitutional cases, then sets out a model to describe how the Court creates doctrine to implement the meaning of the Constitution. Finally, Roosevelt uses this model to show which decisions can be justified as legitimate and which cannot.

About Kermit Roosevelt

Kermit Roosevelt III is professor of law, University of Pennsylvania Law School, and author of the novel In the Shadow of the Law. He lives in Philadelphia.

Additional information

NLS9780300126914
9780300126914
0300126913
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions by Kermit Roosevelt
New
Paperback
Yale University Press
2008-01-24
272
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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