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A 2018 Pew Research Center poll found that while 78 percent of Democrats and Democratic-leaning independents believed that the Supreme Court should base its decisions on the "modern" meaning of the Constitution, 67 percent of Republicans and Republican-leaning independents asserted that Justices should rely on the Constitution's "original meaning."
The Court often is the final arbiter of polarizing battles that originate in other branches of government. At the same time, however, its structural insulation from Congress, the Presidency, and electoral politics make the Supreme Court-at least in theory-well positioned to rise above the rough-and-tumble of politics.
This book examines the power of the Supreme Court in America's system of democratic governance in several ways. These include: reviewing debates over whether justices should interpret the Constitution in line with its "original meaning" or in accordance with present-day understandings; exploring the processes and factors that shape how cases are chosen and decided; considering contentious battles over the selection of justices; and examining the impact of the Court on American culture and society.
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Creators
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Series
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Publisher
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Release date
March 29, 2021 -
Formats
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Kindle Book
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OverDrive Read
- ISBN: 9798216151876
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EPUB ebook
- ISBN: 9798216151876
- File size: 584 KB
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Languages
- English
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Reviews
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Starred review from June 1, 2021
The inaugural volume of this series is a concise, authoritative primer on the U.S. Supreme Court. Silverstein (government and law, Lafayette Coll.; Unleashing Rights) clarifies, without simplifying, the court's complex situation, evolution, and impact. Seven coherently scaffolded chapters cover judicial review, multiple theories of constitutional interpretation, court structures and procedures, the selection of justices, factors that affect SCOTUS decision-making, the court's relations with media and the public, and (in a key chapter) the impact of decisions. Silverstein concludes by mulling the future; readers should note that the book went to print before the 2020 election and the death of Ruth Bader Ginsburg, so Justice Amy Coney Barrett isn't covered, but the author does consider the court's "conservative shift." A chronology (1787-2019), a bibliography, and an index assist researchers. Among the work's most valuable features is an introduction outlining the history of the institution and the development of its powers and place in government, through key chief justices, cases, and reversals. Silverstein's evenhanded and well-grounded exposition of controversies and differing viewpoints is admirable. Specific case examples, well-chosen quotations, succinct chapter conclusions, and relevant scholarly references explain the nature, scope, and import of the court's functions. It's regrettable that the book doesn't analyze the implications of the so-called "shadow docket" that's increasingly important in the court's ideological battles. VERDICT Silverstein's insightful, thorough, well-organized, lucidly expressed guide to both basic and abstruse aspects of the court will be essential for students of U.S. history and government.--Patricia D. Lothrop, formerly of St. George's Sch., Newport, RI
Copyright 2021 Library Journal, LLC Used with permission.
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