As the 2000 decision by the Supreme Court to effectively deliver
the presidency to George W. Bush recedes in time, its real meaning
comes into focus. If the initial critique of the Court was that it
had altered the rules of democracy after the fact, the perspective
of distance permits us to see that the rules were, in some sense,
not altered at all. Here was a "landmark" decision that, according
to its own logic, was applicable only once and that therefore
neither relied on past precedent nor lay the foundation for future
interpretations. This logic, according to scholar Jack Jackson, not
only marks a stark break from the traditional terrain of U.S.
constitutional law but exemplifies an era of triumphant radicalism
and illiberalism on the American Right. In Law Without Future,
Jackson demonstrates how this philosophy has manifested itself
across political life in the twenty-first century and locates its
origins in overlooked currents of post-WWII political thought.
These developments have undermined the very idea of constitutional
government, and the resulting crisis, Jackson argues, has led to
the decline of traditional conservatism on the Right and to the
embrace on the Left of a studiously legal, apolitical understanding
of constitutionalism (with ironically reactionary implications).
Jackson examines Bush v. Gore, the post-9/11 "torture memos," the
2005 Terri Schiavo controversy, the Republican Senate's
norm-obliterating refusal to vote on President Obama's Supreme
Court nominee Merrick Garland, and the ascendancy of Donald Trump
in developing his claims. Engaging with a wide array of canonical
and contemporary political thinkers-including St. Augustine, Alexis
de Tocqueville, Karl Marx, Martin Luther King Jr., Hannah Arendt,
Wendy Brown, Ronald Dworkin, and Hanna Pitkin-Law Without Future
offers a provocative, sobering analysis of how these events have
altered U.S. political life in the twenty-first century in profound
ways-and seeks to think beyond the impasse they have created.
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