The Case Against the Supreme Court, Erwin Chemerinsky
As the contemporary U.S. Supreme Court weighs in on the meaning of marriage equality, the First Amendment’s protections for expression, and the limits of government interventions to structure voting and the availability of health care, veteran Supreme Court litigator Erwin Chemerinsky offers a salient and often scathing indictment of the nation’s highest tribunal: “The Court has frequently failed, throughout American history, at its most important tasks, at its most important moments” (p. 5). Chemerinsky’s detailed historical and contemporary overview of the performance of the Supreme Court challenges perceptions that the Court has fulfilled its constitutional role of enforcing the Bill of Rights against repressive majorities and protecting politically powerless minorities.
Chemerinsky’s case—which could be read loosely as a merits brief—examines the historical issue areas of minority protections, times of crisis, property rights, and states’ rights alongside contemporary issue areas of employee and consumer protection, abuses of government power, and campaign spending in making his case against the Court. The Earl Warren Court is an exception for Chemerinsky, although even here, he argues the Court could have done more to protect those accused of crimes and encourage public school desegregation. Indeed
To continue reading, see options above.
Join the Academy of Political Science and automatically receive Political Science Quarterly.
Ukraine, Russia, and the West
Publishing since 1886, PSQ is the most widely read and accessible scholarly journal with distinguished contributors such as: Lisa Anderson, Robert A. Dahl, Samuel P. Huntington, Robert Jervis, Joseph S. Nye, Jr., Theda Skocpol, Woodrow Wilsonview additional issues
Articles | Book reviews
PERSPECTIVES ON PRESIDENTIAL ELECTIONS, 1992–2020
The Academy of Political Science, promotes objective, scholarly analyses of political, social, and economic issues. Through its conferences and publications APS provides analysis and insight into both domestic and foreign policy issues.
With neither an ideological nor a partisan bias, PSQ looks at facts and analyzes data objectively to help readers understand what is really going on in national and world affairs.