A cleareyed, depressingly convincing view of a Supreme Court that has abandoned the Republic for other masters.
Analysis of a U.S. Supreme Court far removed from other instruments and tenets of democratic governance.
Political scientist McMahon opens with the most consequential single Supreme Court decision in our time: Dobbs, which overturned Roe v. Wade, undoing “a constitutional right that had been in the law books for nearly fifty years.” The decision scarcely elicited comment from the ruling majority and barely any dissent. The decision, notes the author, was another sign of a growing “democracy gap” between the Court and other democratic institutions that lend it legitimacy. The will of the people was once an intangible institution that held some weight in juridical decision-making; now the Court comprises a majority of “numerical minority justices,” appointed by presidents and confirmed by legislators who represent a minority of the American population. Moreover, writes McMahon, the Court, the product of heavy vetting by the archconservative Federalist Society, is representative of “a small sliver—more like a tiny speck—of [an] America that is closed off to the vast majority.” Given all this, it is small wonder that the Court’s decisions are so increasingly narrow in whom they reward and so onerous to so many ordinary people. Arguing from the general premise that the Court has little or no democratic legitimacy, McMahon suggests amendments to the Constitution that would reduce lifetime appointments to term appointments, and he floats the idea that court packing might have its uses, such as affording “presidents additional opportunities to choose from outside the judicial monastery.” Both measures, McMahon urges, would help depoliticize a Court that promises to be in the sway of the hard right for a generation to come.
A cleareyed, depressingly convincing view of a Supreme Court that has abandoned the Republic for other masters.Pub Date: April 12, 2024
ISBN: 9780226831060
Page Count: 400
Publisher: Univ. of Chicago
Review Posted Online: Feb. 3, 2024
Kirkus Reviews Issue: March 1, 2024
A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.
Words that made a nation.
Isaacson is known for expansive biographies of great thinkers (and Elon Musk), but here he pens a succinct, stimulating commentary on the Founding Fathers’ ode to “life, liberty, and the pursuit of happiness.” His close reading of the Declaration of Independence’s second sentence, published to mark the 250th anniversary of the document’s adoption, doesn’t downplay its “moral contradiction.” Thomas Jefferson enslaved hundreds of people yet called slavery “a cruel war against human nature” in his first draft of the Declaration. All but 15 of the document’s 56 signers owned enslaved people. While the sentence in question asserted “all men are created equal” and possess “unalienable rights,” the Founders “consciously and intentionally” excluded women, Native Americans, and enslaved people. And yet the sentence is powerful, Isaacson writes, because it names a young nation’s “aspirations.” He mounts a solid defense of what ought to be shared goals, among them economic fairness, “moral compassion,” and a willingness to compromise. “Democracy depends on this,” he writes. Isaacson is excellent when explaining how Enlightenment intellectuals abroad influenced the founders. Benjamin Franklin, one of the Declaration’s “five-person drafting committee,” stayed in David Hume’s home for a month in the early 1770s, “discussing ideas of natural rights” with the Scottish philosopher. Also strong is Isaacson’s discussion of the “edits and tweaks” made to Jefferson’s draft. As recommended by Franklin and others, the changes were substantial, leaving Jefferson “distraught.” Franklin, who emerges as the book’s hero, helped establish municipal services, founded a library, and encouraged religious diversity—the kind of civic-mindedness that we could use more of today, Isaacson reminds us.
A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.Pub Date: Nov. 18, 2025
ISBN: 9781982181314
Page Count: 80
Publisher: Simon & Schuster
Review Posted Online: Aug. 29, 2025
Kirkus Reviews Issue: Oct. 1, 2025
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SEEN & HEARD
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
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