An informed discussion of a serious issue that may be too easily dismissed for its intrusive partisan bias.
An appeal for greater judicial restraint from the Supreme Court.
Former Newsweek legal affairs editor Kaplan (Mine's Bigger: Tom Perkins and the Making of the Greatest Sailing Machine Ever Built, 2007, etc.) devotes much of the first half of the book to chatty sketches of the biographies and jurisprudence of various Supreme Court justices. These contribute little beyond establishing the author’s sympathies with the liberal members of the court and snarky disapproval of the conservatives. He reserves special contempt for Justice Anthony Kennedy, "the Court's metaphysicist-in-residence," whom he sees as embodying a judicial triumphalism that has "made the Supreme Court the most dangerous branch." Kaplan then settles into a tendentious review of several recent landmark cases, starting with Roe v. Wade; though approving the result, he lambasts the decision as not an example of constitutional law at all. This sets the table for a tour of standard liberal bugbears like Bush v. Gore, Citizens United, and Shelby County v. Holder; Kaplan trashes the majority opinions and approvingly quotes at length from the dissents. Still, the author is in pursuit of a serious point. He argues persuasively that, through these decisions, the court has seized control of debates and policies best left to the legislative process, thus damaging its own integrity and our system of democratic government. Worse, it has done so by resurrecting the legal doctrine of substantive due process, thought to have been discredited in the 1930s, which tends to position the court illegitimately as a superlegislature. These developments have unnecessarily politicized the court and poisoned the confirmation process for justices. Ironically, it is often the acerbic Justice Antonin Scalia who makes Kaplan’s point best in his dissents in cases like Obergefell v. Hodges which, like Roe, the author disapproves of for consistency's sake.
An informed discussion of a serious issue that may be too easily dismissed for its intrusive partisan bias.Pub Date: Sept. 4, 2018
ISBN: 978-1-5247-5990-2
Page Count: 464
Publisher: Crown
Review Posted Online: July 15, 2018
Kirkus Reviews Issue: Aug. 1, 2018
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”
The powerful story of a father’s past and a son’s future.
Atlantic senior writer Coates (The Beautiful Struggle: A Father, Two Sons, and an Unlikely Road to Manhood, 2008) offers this eloquent memoir as a letter to his teenage son, bearing witness to his own experiences and conveying passionate hopes for his son’s life. “I am wounded,” he writes. “I am marked by old codes, which shielded me in one world and then chained me in the next.” Coates grew up in the tough neighborhood of West Baltimore, beaten into obedience by his father. “I was a capable boy, intelligent and well-liked,” he remembers, “but powerfully afraid.” His life changed dramatically at Howard University, where his father taught and from which several siblings graduated. Howard, he writes, “had always been one of the most critical gathering posts for black people.” He calls it The Mecca, and its faculty and his fellow students expanded his horizons, helping him to understand “that the black world was its own thing, more than a photo-negative of the people who believe they are white.” Coates refers repeatedly to whites’ insistence on their exclusive racial identity; he realizes now “that nothing so essentialist as race” divides people, but rather “the actual injury done by people intent on naming us, intent on believing that what they have named matters more than anything we could ever actually do.” After he married, the author’s world widened again in New York, and later in Paris, where he finally felt extricated from white America’s exploitative, consumerist dreams. He came to understand that “race” does not fully explain “the breach between the world and me,” yet race exerts a crucial force, and young blacks like his son are vulnerable and endangered by “majoritarian bandits.” Coates desperately wants his son to be able to live “apart from fear—even apart from me.”
This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”Pub Date: July 8, 2015
ISBN: 978-0-8129-9354-7
Page Count: 176
Publisher: Spiegel & Grau
Review Posted Online: May 5, 2015
Kirkus Reviews Issue: July 1, 2015
BOOK REVIEW
BOOK REVIEW
SEEN & HEARD
BOOK TO SCREEN
BOOK TO SCREEN
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