Since America's founding, the U.S. Supreme Court had issued a vast
number of decisions on a staggeringly wide variety of subjects. And
hundreds of judges have occupied the bench. Yet as Cass R. Sunstein,
the eminent legal scholar and bestselling co-author of _Nudge_, points
out, almost every one of the Justices fits into a very small number of
types regardless of ideology: the hero, the soldier, the minimalist,
and the mute. Heroes are willing to invoke the Constitution to
invalidate state laws, federal legislation, and prior Court decisions.
They loudly embrace first principles and are prone to flair, employing
dramatic language to fundamentally reshape the law. Soldiers, on the
other hand, are skeptical of judicial power, and typically defer to
decisions made by the political branches. Minimalists favor small
steps and only incremental change. They worry that bold reversals of
long-established traditions may be counterproductive, producing a
backlash that only leads to another reversal. Mutes would rather say
nothing at all about the big constitutional issues, and instead tend
to decide cases on narrow grounds or keep controversial cases out of
the Court altogether by denying standing. As Sunstein shows, many of
the most important constitutional debates are in fact contests between
the four Personae. Whether the issue involves slavery, gender
equality, same-sex marriage, executive power, surveillance, or freedom
of speech, debates have turned on choices made among the four
Personae--choices that derive as much from psychology as
constitutional theory. Sunstein himself defends a form of minimalism,
arguing that it is the best approach in a self-governing society of
free people. More broadly, he casts a genuinely novel light on
longstanding disputes over the proper way to interpret the
constitution, demonstrating that behind virtually every decision and
beneath all of the abstract theory lurk the four Personae. By
emphasizing the centrality of character types, Sunstein forces us to
rethink everything we know about how the Supreme Court works.
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Heroes, Soldiers, Minimalists, and Mutes
Produktdetaljer
ISBN
9780190222697
Publisert
2020
Utgiver
Vendor
Oxford University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter