The Tempting of America
the Political Seduction of the Law
1st Edition
Published on 24. November 2009
448 pages
978-1-4391-8886-6 (ISBN)
Description
Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law.
In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the "original understanding" of the Framers and the people for whom it was written.
Widely hailed as the most important critique of the nation's intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork's chillingly emblematic experiences during the Senate Judiciary Committee's hearing on his Supreme Court nomination.
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Person
Robert H. Bork
Content
- Cover Page
- Title Page
- Contents
- Acknowledgments
- A Word About Structure
- I THE SUPREME COURT AND THE TEMPTATIONS OF POLITICS
- 1 Creation and Fall
- 2 The New Deal Court and the Constitutional Revolution
- 3 The Warren Court The Political Role Embraced
- After Warren The Burger and Rehnquist Courts
- The Supreme Court's Trajectory
- II THE THEORISTS
- 6 The Madisonian Dilemma and the Need for Constitutional Theory
- 7 The Original Understanding
- 8 Objections to Original Understanding
- 9 The Theorists of Liberal Constitutional Revisionism
- 10 The Theorists of Conservative Constitutional Revisionism
- 11 Of Moralism Moral Relativism and the Constitution
- 12 The Impossibility of All Theories that Depart from Original Understanding
- In Defense of Legal Reasoning "Good Results" vs Legitimate Process
- III THE BLOODY CROSSROADS
- 14 The Nomination and the Campaign
- 15 The Hearings and After
- The Charges and the Record A Study in Contrasts
- Why the Campaign Was Mounted
- Effects for the Future
- Conclusion
- APPENDIX The Constitution of the United States of America
- Notes
- Table of Cases
- Index
- About the Author
- Copyright Page
