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The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism |
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The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism
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by Thomas M. Keck
Sales Rank: 408739
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List Price: $24.00
$24.00
At Amazon
on 6-19-2008.
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Features
Cover Type: Paperback with 370 pages
Published by: University Of Chicago Press October 8, 2004
Written in: English
ISBN 10 Number: 0226428850
ISBN 13 Number: 978-0226428857
Book Dimensions:
8.9 x 6 x 0.9 inches
Weighs: 1.1 pounds
Product Review
Choice : "[Keck] places the decisions of the Supreme Court in broad historical perspective and shows how the recent conservative activism of the Rehnquist Court fits within an unbroken activist tradition. . . . If you read just one book on the history of the modern Supreme Court, this should probably be the one."
Choice : Choice Outstanding Academic Title, 2006
Craig Emmert Law and Politics : "Keck makes a compelling case for the Rehnquist''s Court''s very high level of judicial activism. I agree that for too long judicial activism has been equated with liberal judicial decisions. His book makes a clear statement that the same Court may issue both liberal activist decisions and conservative activist decisions. . . . I would recommend [the book] for general courses on the Supreme Court, the judicial system, or American politics."
Jeffrey Rosen New Republic : "Provocative."—Jeffrey Rosen, New Republic
William E. Hellerstein New York Law Journal : "A welcome and extremely timely book. . . . Because Professor Keck writes from a political science perspective, his book provides a broader dimension than others which have analyzed the Rehnquist Court in largely legalistic terms. Thus, he shows us how decisions of the Supreme Court are not easily separated from the broader trends of political and social change. . . . If one is looking to understand the relationship between constitutional decision-making and the political and social forces which may influence that process, especially in the immediate aftermath of the 2004 presidential election and with the looming prospect of vacancies on the Court, Professor Keck''s book more than amply fills the bill."—New York Law Journal
Mark A. Graber AR Reivews in Advance : "Keck devastates claims that contemporary conservatives on the federal bench have no judicial agenda other than to return control over basic polity questions to elected officials."
Book Description
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism.
Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Reader Reviews
Prof. Keck has written an interesting book on Constitutional Law since the New Deal, focusing on the debate over the proper scope of judicial review in the Supreme Court(ie: should judges be activist and make their own substantive appreciations on policy questions or should they faithfully defer to other supposedly more democratic branches of government). The author nicely weaves this story with another one, that of the rise of judicial conservatism and judicial activism on the right that has been going on for more than twenty five years now. In so doing, the book sheds light on the conservative fallacy that conservative judges are more deferent to elected branches than liberal judges. However, the book does not really inquire into the structural features of American constitutionalism that make the practice of judicial review such a double edged sword for liberals and conservatives alike and does not tell much about collective decision making on the Court. Still well worth reading for its clarity and relatively broad historical sweep.
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The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism
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