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

The New Roberts Court, Donald Trump, And Our Failing Constitution
by Stephen M. Feldman / / / PDF


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This book examines what Supreme Court Justice Antonin Scalia’s death and Judge Neil Gorsuch’s appointment mean for the future of democracy in America. Before Scalia’s death, the five conservative justices of the Roberts Court―John Roberts, Clarence Thomas, Samuel Alito, Anthony Kennedy, and Antonin Scalia―stamped a capitalized version of democracy, discussed in this book as Democracy, Inc., with a constitutional imprimatur. 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. Democracy, Inc. not only contravenes the framers’ vision of a system balanced between the public and private spheres, government power and individual rights, but also threatens the very survival of American constitutionalism. With the looming confirmation of Gorsuch, 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 democratic-capitalist system?

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