Title: The new Roberts court, Donald Trump, and our failing constitution /
Authors: Feldman, Stephen M., 1955-
Year: 2017
Subjects: Roberts, John G.,; Trump, Donald,; Gorsuch, Neil M.; United States. History; Political questions and judicial power United States.; Constitutional law United States; Political rights, Loss of.; Presidents United States Election; United States Politics and government
Abstract: "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?" -- Publisher's website.
Contents: Introduction: Democracy, Inc., and the betrayal of the Constitution -- The constitutional framing: republican democracy, private property, and free expression -- Republican democracy evolves: corporations and laissez faire -- Pluralist democracy saves the United States and invigorates free expression -- Pluralist democracy evolves: free expression, judicial conservatism, and the cold war -- Democracy, Inc., and the end of the cold war -- Constitution betrayed: the endangerment of the American democratic-capitalist system -- Will we save the American constitutional system?