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BOOK The Conservative Assault on the Constitution by Erwin Chemerinsky read fb2 on iphone
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Book descriptionWhen I actually really looked at this title I thought that it would be interesting information but not in any way unbiased. I was rather surprised by the content because although its told from a liberal view point, he actually is describing something thats like the erosion of the rights that the Constitution is meant to protect. Its basically about how liberals view the rights in the Constitution more broadly and conservatives more narrowly. The title itself is important because the way that conservatives typically view this goes against what the original Constitution was meant to protect, not that theyre immoral. As the author said: Whats wrong, though, with the Nixon, Reagan, Bush approach to executive power, especially in areas of foreign policy and fighting terrorism? Since leaving office, Dick Cheney has been vociferous in defending his view that they are needed to protect the nation.At the risk of saying the obvious, checking executive power was a central goal of the American Constitution. For the framers of the Constitution, executive power was the authority most to be feared. Having endured the tyranny of the king of England, the framers viewed the principle of separation of powers as the central guarantee of a just government.So, although he disagrees with the Supreme Court decisions that are discussed in this book, hes approaching it from the perspective of what the Constitution was meant to do. He also points out that the U.S. is actually a constitutional democracy rather than a pure democracy. If it was a pure democracy then we could go by majority rule instead of using judicial review.He also addressed the concept of sovereign immunity, saying that A doctrine derived from the premise that a king can do no wrong deserves no place in American law. The United States was founded on rejection of monarchy and royal prerogatives. American government is based on the fundamental recognition that the government and government officials can do wrong and must be held accountable. Sovereign immunity undermines that basic notion.I think his explanation about the separation of church and state was one of the more interesting aspects of this book. His explanation is that the separation is to protect the religious minority, partially so that they dont feel coerced, and partially so that they feel that the government represents all Americans instead of just the majority.Over this last 6+ months Ive been trying to understand liberal vs conservative viewpoints in this country. What Im getting from everything Im reading is that it comes down to Human Rights vs Americas Roots. My confusion is this: What are Americas Roots if not the Constitution?This is something that Im determined to understand. In the meantime I feel that the authors final thoughts are something that I find can agree with:My vision for reclaiming the Constitution is not radical; it is a vision that the Warren Court embodied and pursued. The central notion is that society is best off having an institution - the Supreme Court and the federal judiciary - largely insulated from marjoritarian politics to enforce the Constitution and give it meaning… In doing so, the court should be guided by the Constitutions underlying goal of creating a more perfect union, of upholding the decency of every individual, and of advancing liberty and equality in society.The Conservative Assault on the Constitution by Erwin Chemerinsky free eng format epub review
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