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Unfit for Democracy - The Roberts Court and the Breakdown of American Politics (Paperback)
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Unfit for Democracy - The Roberts Court and the Breakdown of American Politics (Paperback)
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Asked if the country was governed by a republic or a monarchy,
Benjamin Franklin replied, "A republic, if you can keep it." Since
its founding, Americans have worked hard to nurture and protect
their hard-won democracy. And yet few consider the role of
constitutional law in America's survival. In Unfit for Democracy,
Stephen Gottlieb argues that constitutional law without a focus on
the future of democratic government is incoherent-illogical and
contradictory. Approaching the decisions of the Roberts Court from
political science, historical, comparative, and legal perspectives,
Gottlieb highlights the dangers the court presents by neglecting to
interpret the law with an eye towards preserving democracy. A
senior scholar of constitutional law, Gottlieb brings a pioneering
will to his theoretical and comparative criticism of the Roberts
Court. The Roberts Court decisions are not examined in a vacuum but
instead viewed in light of constitutional politics in India, South
Africa, emerging Eastern European nations, and others. While
constitutional decisions abroad have contributed to both the
breakdown and strengthening of democratic politics, decisions in
the Roberts Court have aggravated the potential destabilizing
factors in democratic governments. Ultimately, Unfit for Democracy
calls for an interpretation of the Constitution that takes the
future of democracy seriously. Gottlieb warns that the Roberts
Court's decisions have hurt ordinary Americans economically,
politically, and in the criminal process. They have damaged the
historic American melting pot, increased the risk of
anti-democratic paramilitaries, and clouded the democratic future.
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