The explicit subtitle will likely dissuade some, but Chemerinsky’s rock-solid arguments are rooted in history, in a profound...
The veteran author of numerous volumes about the Constitution and the courts returns with a close look at our founding document through progressive eyes.
Chemerinsky (Dean, Univ. of California School of Law; Closing the Courthouse Door: How Your Constitutional Rights Became Unenforceable, 2017, etc.) pulls no punches. In the first sentence he mentions the “devastating” election of Donald Trump, and throughout he expresses deep concern about the certain consequent conservative bent of the Supreme Court. After some initial comments about the state of the Constitution today—and the challenges to progressives—he guides us through the document, emphasizing what he identifies as key provisions and pointing out where he thinks the Supreme Court has succeeded and where it has erred. One crucial point he raises continually: the significance of the Preamble, for it is there, he argues, that the values of the document (and of us) reside, and yet the court tends to ignore that portion of the Constitution, basing decisions on articles and amendments. Chemerinsky believes this is a mistake and that the courts should apply the democratic values contained in the Preamble. After this section, the author moves through the document, examining such issues as the Electoral College (get rid of it, he says), federalism, the separation of powers, fairness in policing practices and court-imposed punishments, freedoms of religion and speech, privacy, affirmative action, and others. He balances his patent passion for the issues he has identified with scholarly documentation and many references to and descriptions of key court cases and decisions. Repeatedly, he praises the protections and social advances made possible by liberal justices and condemns the restrictions and corporate-friendly decisions of the conservatives. With modesty, he also admits his own losses in cases he argued before the court.
The explicit subtitle will likely dissuade some, but Chemerinsky’s rock-solid arguments are rooted in history, in a profound progressive philosophy.Pub Date: Nov. 13, 2018
ISBN: 978-1-250-16600-5
Page Count: 320
Publisher: Picador
Review Posted Online: Aug. 26, 2018
Kirkus Reviews Issue: Sept. 15, 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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