The Conservative Assault On The Constitution

Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.

The essays by journalist Frank Miele in this collection span from 2004 to 2018. "How We Got Here" is Volume 5 of the Heartland Diary USA series. Most of these essays originally appeared in the Daily Inter Lake in Kalispell, Montana, where Miele worked for 34 years, including 18 years as managing editor. Miele gained a wide following for his weekly conservative "Editor's 2 Cents" commentaries, which are now collected in the Heartland Diary series. The author, who is now a columnist for Real Clear Politics, has used his position as a journalist to expose the assault on the Constitution that has been under way for more than 100 years. You will read essays about the runaway court system, the progressive agenda, the New Deal, 1960s radicals like Bill Ayers, the illusion of free health care, and the continuing struggle for American values fought by patriots like Dorothy Thomson, Ayn Rand, Sarah Palin and many more. Miele finds common ground with Donald Trump and declares himself to be a sworn enemy of Fake News. Economist Richard L. Spencer, who wrote the introduction to the Heartland Diary USA series, commends Miele as "America's diarist" and believes that Miele's columns represent a vital resource for future historians.

The former legal affairs editor of Newsweek takes us inside the secret world of the Supreme Court and shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. Never before has the Court been more central in American life. It is now the nine justices who too often decide the biggest issues of our time—from abortion and same-sex marriage to gun control, campaign finance, and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The newest justice, Brett Kavanaugh—replacing Anthony Kennedy—is even more important, holding the swing vote over so much social policy. With the 2020 campaign underway, and with two justices in their ’80s, the Court looms even larger. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices, Kaplan provides fresh details about life behind the scenes at the Court: the reaction to Kavanaugh’s controversial arrival, the new role for Chief Justice John Roberts, Clarence Thomas's simmering rage, Antonin Scalia's death, Ruth Bader Ginsburg's celebrity, Breyer Bingo, and the petty feuding between Gorsuch and the chief justice. Kaplan offers a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United. (He also faults the Court for not getting involved when it should—for example, to limit partisan gerrymandering.) But the arrogance of the Court isn't partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court's transcendent power, as well as presenting an intimate inside look at the Court, The Most Dangerous Branch is sure to rile both sides of the political aisle.

"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

Don’t miss syndicated radio host and author Mark Levin's #1 New York Times acclaimed and longtime bestselling manifesto for the conservative movement. When nationally syndicated radio host Mark R. Levin’s Liberty and Tyranny appeared in the early months of the Obama presidency, Americans responded by making his clarion call for a new era in conservatism a #1 New York Times bestseller for an astounding twelve weeks. As provocative, well-reasoned, robust, and informed as his on-air commentary, with his love of our country and the legacy of our Founding Fathers reflected on every page, Levin’s galvanizing narrative provides a philosophical, historical, and practical framework for revitalizing the conservative vision and ensuring the preservation of American society. In the face of the modern liberal assault on Constitution-based values, an attack that has resulted in a federal government that is a massive, unaccountable conglomerate, the time for reinforcing the intellectual and practical case for conservatism is now. In a series of powerful essays, Levin lays out how conservatives can counter the tyrannical liberal corrosion that has filtered into every timely issue affecting our daily lives, from the economy to health care, global warming to immigration, and more.

A New York Times Book Review Editor's Choice Finalist for the J. Anthony Lukas Book Prize In the wake of Donald Trump's victory in the 2016 presidential election, a deeply reported look inside the conservative movement working to undermine American democracy. Donald Trump is the second Republican this century to triumph in the Electoral College without winning the popular vote. As Zachary Roth reveals in The Great Suppression, this is no coincidence. Over the last decade, Republicans have been rigging the game in their favor. Twenty-two states have passed restrictions on voting. Ruthless gerrymandering has given the GOP a long-term grip on Congress. Meanwhile, the Supreme Court has eviscerated campaign finance laws, boosting candidates backed by big money. It would be worrying enough if these were just schemes for partisan advantage. But the reality is even more disturbing: a growing number of Republicans distrust the very idea of democracy—and they’re doing everything they can to limit it. In The Great Suppression, Roth unearths the deep historical roots of this anti-egalitarian worldview, and introduces us to its modern-day proponents: The GOP officials pushing to make it harder to cast a ballot; the lawyers looking to scrap all limits on money in politics; the libertarian scholars reclaiming judicial activism to roll back the New Deal; and the corporate lobbyists working to ban local action on everything from the minimum wage to the environment. And he travels from Rust Belt cities to southern towns to show us how these efforts are hurting the most vulnerable Americans and preventing progress on pressing issues. A sharp, searing polemic in the tradition of Rachel Maddow and Matt Taibbi, The Great Suppression is an urgent wake-up call about a threat to our most cherished values, and a rousing argument for why we need democracy now more than ever.