• Sign In
  • Help
  • My Basket0
Overruled: The Long War for Control of the U.S. Supreme Court (Hardback)
  • Overruled: The Long War for Control of the U.S. Supreme Court (Hardback)
zoom

Overruled: The Long War for Control of the U.S. Supreme Court (Hardback)

(author)
£17.99
Hardback 288 Pages / Published: 24/11/2014
  • We can order this

Usually despatched within 2 weeks

  • This item has been added to your basket

Check Marketplace availability

Can the federal government make you eat your fruits and vegetables? Supreme Court nominee Elena Kagan seemed to think so when asked if she thought Congress possessed the constitutional power to force every American to "eat three fruits and three vegetables every day." Kagan laughed and said that while it sounded like "a dumb law," that did not make it an unconstitutional one. In other words, if you don't like what your lawmakers have done, take your complaint to the ballot box, not to the courthouse. It was a classic case of judicial restraint, the idea that judges should defer to the will of the majority and refrain from striking down most democratically-enacted laws, even the really dumb ones. Judicial restraint and judicial activism cut across the political spectrum in surprising ways and make for some unusual bedfellows. Judicial restraint is not only a touchstone of the Progressive left, it is also a philosophy adopted by many members of the modern right. The growing camp of libertarians and free-market conservatives, however, has no patience with judicial restraint and little use for majority rule. Chief Justice Roberts' 2012 ruling in favor of Obama's health care law is an excellent case in point, though only the most recent. This is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.

Publisher: Palgrave Macmillan
ISBN: 9781137279231
Number of pages: 288
Weight: 467 g
Dimensions: 242 x 164 x 25 mm


MEDIA REVIEWS

"In "Overruled," Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." --P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute

"A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." --Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution

"Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In "Overruled," he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."--Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School

"I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."--David T. Beito, professor of history at the University of Alabama and co-author of "Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power"


"An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."--"Kirkus Reviews"

"In "Overruled," Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." --P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute

"A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." --Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution

"Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In "Overruled," he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."--Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School

"I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."--David T. Beito, professor of history at the University of Alabama and co-author of "Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power"


"Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter--the most overrated justices in our history--had not the foggiest notion of the Constitution."--"Wall Street Journal"

"An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."--"Kirkus Reviews"

"In "Overruled," Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." --P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute

"A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." --Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution

"Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In "Overruled," he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."--Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School

"I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."--David T. Beito, professor of history at the University of Alabama and co-author of "Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power"


..".The most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues." --"The Washington Post"


"Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter--the most overrated justices in our history--had not the foggiest notion of the Constitution."--"Wall Street Journal"

"An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."--"Kirkus Reviews"

"In "Overruled," Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." --P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute

"A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." --Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution

"Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In "Overruled," he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."--Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School

"I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."--David T. Beito, professor of history at the University of Alabama and co-author of "Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power"


"Damon Root...traces the differences between judicial conservatives and libertarians, and advances the libertarians' cause... "Overruled" is a sober, well-researched, and thoughtful case for the libertarian point of view on judicial issues." --"Washington Monthly"
..".The most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues." --"The Washington Post"


"Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter--the most overrated justices in our history--had not the foggiest notion of the Constitution."--"Wall Street Journal"

"An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."--"Kirkus Reviews"

"In "Overruled," Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." --P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute

"A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." --Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution

"Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In "Overruled," he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."--Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School

"I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."--David T. Beito, professor of history at the University of Alabama and co-author of "Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power"


Damon Root traces the differences between judicial conservatives and libertarians, and advances the libertarians' cause "Overruled" is a sober, well-researched, and thoughtful case for the libertarian point of view on judicial issues. "Washington Monthly"

The most thorough account of the libertarian-conservative debate over judicial review a valuable guide to both the past and the potential future of these important issues. "The Washington Post"

Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter--the most overrated justices in our history--had not the foggiest notion of the Constitution. "Wall Street Journal"

An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues. "Kirkus Reviews"

In "Overruled," Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all. "P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute"

A riveting account of the raging debate over the future of our Constitution between those who contend that judges must defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book. "Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution"

Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In "Overruled," he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow. "Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School"

I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty. "David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power""


"Damon Root...traces the differences between judicial conservatives and libertarians, and advances the libertarians' cause... Overruled is a sober, well-researched, and thoughtful case for the libertarian point of view on judicial issues." --Washington Monthly

..".The most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues." --The Washington Post

"Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter--the most overrated justices in our history--had not the foggiest notion of the Constitution." --Wall Street Journal

"An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues." --Kirkus Reviews

"In Overruled, Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." --P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute

"A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." --Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution

"Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled, he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow." --Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School

"I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty." --David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power

You may also be interested in...

The Foundations of Public Law
Added to basket
The Athenian Constitution
Added to basket
The Prince
Added to basket
£2.50
Paperback
Seeing Like a State
Added to basket
The New British Constitution
Added to basket
The Prince
Added to basket
£10.00
Hardback
States and Citizens
Added to basket
Russia Under the Old Regime
Added to basket
Mao: The Unknown Story
Added to basket
Black Mass
Added to basket
£9.99
Paperback
Foreign Policy Analysis
Added to basket
Hacking the Electorate
Added to basket
The Republic
Added to basket
£12.99
Hardback
The Prince
Added to basket
£10.99
Hardback
The Prince
Added to basket
£7.99   £5.99
Paperback

Reviews

Please sign in to write a review

Your review has been submitted successfully.