The Tempting of America

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Simon and Schuster, 24.11.2009 - 448 Seiten
Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law.

In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written.

Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.

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LibraryThing Review

Nutzerbericht  - oakes - LibraryThing

Robert Bork is valuable as a critic of liberal constitutional interpretation (and in an earlier incarnation, as an acute analyst of antitrust legislation); his positive contribution to constitutional ... Vollständige Rezension lesen

The tempting of America: the political seduction of the law

Nutzerbericht  - Not Available - Book Verdict

Bork portrays the Senate's rejection of his nomination to the Supreme Court as one skirmish in a broader battle over the political role of American judges. For a journalist's account of the nomination ... Vollständige Rezension lesen

Ausgewählte Seiten

Inhalt

THE SUPREME COURT
15
The New Deal Court and the Constitutional
51
The Political Role
69
The Restructuring of State
84
Poll Taxes and the New Equal Protection
90
The Burger and Rehnquist Courts
101
The Supreme Courts Trajectory
129
The Madisonian Dilemma and the Need
139
The Theorists of Conservative Constitutional
223
Of Moralism Moral Relativism
241
The Impossibility of All Theories that Depart
251
Good Results
261
THE BLOODY CROSSROADS
267
The Hearings and After
295
A Study
323
Why the Campaign Was Mounted
337

Objections to Original Understanding
161
The Theorists of Liberal Constitutional
187
Effects for the Future
345
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Seite 374 - SECTION 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. SECTION 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Seite 367 - The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. SECTION 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive...
Seite 377 - President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office...
Seite 367 - No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. SECTION 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more...
Seite 24 - The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that , limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?
Seite 45 - This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind. But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement has nothing to do with the right of a majority to embody their opinions in law.
Seite 374 - January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Seite 98 - We deal with a right of privacy older than the Bill of Rights— older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions.
Seite 364 - States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
Seite 74 - We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.

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