The New Roberts Court, Donald Trump, and Our Failing Constitution

Authors: Feldman, Stephen M.

  • One of the first scholarly books to examine the political implications of the appointment of a new Supreme Court Justice after the death of Justice Antonin Scalia
  • Presents an in-depth perspective on political judicial developments from a leading Constitutional law scholar
  • Places Citizens United and related recent Supreme Court decisions in extensive historical context of developments in American political economy and Constitutional interpretation
  • Offers forward-looking proposals for reforming the political system to restore a more “republican,” public-interest-oriented democracy
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eBook $29.99
price for USA (gross)
  • ISBN 978-3-319-56451-7
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Softcover $39.99
price for USA
  • ISBN 978-3-319-56450-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

This book traces the evolution of the constitutional order, explaining Donald Trump’s election as a symptom of a degraded democratic-capitalist system. Beginning with the framers’ vision of a balanced system—balanced between the public and private spheres, between government power and individual rights—the constitutional order evolved over two centuries until it reached its present stage, Democracy, Inc., in which  corporations and billionaires wield herculean political power. The five conservative justices of the early Roberts Court, including the late Antonin Scalia, stamped Democracy, Inc., with a constitutional imprimatur, contravening the framers’ vision while simultaneously claiming to follow the Constitution’s original meaning. The justices believed they were upholding the American way of life, but they instead placed our democratic-capitalist system in its gravest danger since World War II. With Neil Gorsuch replacing Scalia, the new Court must choose: Will it follow the early Roberts Court in approving and bolstering Democracy, Inc., or will it restore the crucial balance between the public and private spheres in our constitutional system?


About the authors

Stephen M. Feldman is Visiting Scholar at Harvard Law School, USA, and has been the Jerry W. Housel/Carl F. Arnold Distinguished Professor of Law and Adjunct Professor of Political Science at the University of Wyoming, USA, since 2002. He has authored four scholarly books on Constitutional law and American legal thought, edited an anthology on law and religion, and written more than sixty articles and essay contributions on law, politics, and jurisprudence. 

Table of contents (8 chapters)

  • Introduction: Democracy, Inc., and the Betrayal of the Constitution

    Feldman, Stephen M.

    Pages 1-16

  • The Constitutional Framing: Republican Democracy, Private Property, and Free Expression

    Feldman, Stephen M.

    Pages 19-79

  • Republican Democracy Evolves: Corporations and Laissez Faire

    Feldman, Stephen M.

    Pages 83-104

  • Pluralist Democracy Saves the United States and Invigorates Free Expression

    Feldman, Stephen M.

    Pages 105-127

  • Pluralist Democracy Evolves: Free Expression, Judicial Conservatism, and the Cold War

    Feldman, Stephen M.

    Pages 129-158

Buy this book

eBook $29.99
price for USA (gross)
  • ISBN 978-3-319-56451-7
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Softcover $39.99
price for USA
  • ISBN 978-3-319-56450-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
The New Roberts Court, Donald Trump, and Our Failing Constitution
Authors
Copyright
2017
Publisher
Palgrave Macmillan
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-3-319-56451-7
DOI
10.1007/978-3-319-56451-7
Softcover ISBN
978-3-319-56450-0
Edition Number
1
Number of Pages
X, 274
Topics