The Tempting of AmericaSimon and Schuster, 24. nov 2009 - 448 pages 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. |
Contents
| 15 | |
The New Deal Court and the Constitutional | 51 |
The Political Role | 69 |
The Restructuring of State | 84 |
Poll Taxes and the New Equal Protection | 90 |
The Burger and Rehnquist Courts | 101 |
The Supreme Courts Trajectory | 129 |
The Madisonian Dilemma and the Need | 139 |
The Theorists of Conservative Constitutional | 223 |
Of Moralism Moral Relativism | 241 |
The Impossibility of All Theories that Depart | 251 |
Good Results | 261 |
THE BLOODY CROSSROADS | 267 |
The Hearings and After | 295 |
A Study | 323 |
Why the Campaign Was Mounted | 337 |
Objections to Original Understanding | 161 |
The Theorists of Liberal Constitutional | 187 |
Effects for the Future | 345 |
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abortion American apply argument Bickel Biden Bill of Rights blacks campaign Chief Justice citizens civil rights claim Congress constitutional law constitutional right contraceptives culture decide decision democracy democratic discrimination dissent doctrine Dred Scott due process clause elected enacted enforce equal protection clause fact favor federal fifth amendment fourteenth amendment freedom Griswold groups guarantee homosexual Hugo Black Ibid idea individual intellectual issue John Hart Ely Judge Bork judicial power judicial review judiciary law school lawyers legislation legislature legitimate liberal liberty majority matter meaning ment minority moral relativism nation nomination opinion original understanding person political President principle professors prohibited provision question racial ratifiers reason Reprinted by permission right of privacy rule segregation Senate sexual social speech statute substantive due process supra note Supreme Court theorists theory tion tional tradition U.S. CONST United vote Warren Court women