America's Prophets: How Judicial Activism Makes America Great

America s Prophets How Judicial Activism Makes America Great America s Prophets How Judicial Activism Makes America Great fills a major void in the popular literature by providing a thorough definition and historical account of judicial activism and by arguing

  • Title: America's Prophets: How Judicial Activism Makes America Great
  • Author: David R. Dow
  • ISBN: 9780313377082
  • Page: 251
  • Format: Hardcover
  • America s Prophets How Judicial Activism Makes America Great fills a major void in the popular literature by providing a thorough definition and historical account of judicial activism and by arguing that it is a method of prophetic adjudication which is essential to preserving American values Dow confounds the allegation of the Christian right that judicial activism isAmerica s Prophets How Judicial Activism Makes America Great fills a major void in the popular literature by providing a thorough definition and historical account of judicial activism and by arguing that it is a method of prophetic adjudication which is essential to preserving American values Dow confounds the allegation of the Christian right that judicial activism is legally and morally unsound by tracing the roots of American judicial activism to the methods of legal and moral interpretation developed by the prophets of the Hebrew Bible He claims that Isaiah, Amos, and Jesus are archetypal activist judges and, conversely, that modern activist judges are America s prophets Dow argues that judicial restraint is a priestly method of adjudication and that it, not judicial activism, is the legally and morally unsound method.Race and gender discrimination, separation of church and state, privacy rights, and same sex marriage are all issues that have divided our nation and required judicial intervention Every time the courts address a hot button issue and strike down entrenched bias or bigotry, critics accuse the justices of being judicial activists, whose decisions promote their personal biases and flout constitutional principles This term, despite its widespread currency as a pejorative, has never been rigorously defined Critics of judicial activism properly point out that when judges overturn laws that enforce popular norms they thwart the will of the majority But Dow argues that so called activist judges uphold two other American legal values that are as deeply embedded in American legal culture as majoritarianism liberty and equality He challenges the notion that judicial activism is unprincipled, and he provides a vocabulary and historical context for defending progressive decisions.

    • America's Prophets: How Judicial Activism Makes America Great - David R. Dow
      251 David R. Dow
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      Posted by:David R. Dow
      Published :2019-07-15T22:22:29+00:00

    About " David R. Dow "

  • David R. Dow

    David R. Dow Is a well-known author, some of his books are a fascination for readers like in the America's Prophets: How Judicial Activism Makes America Great book, this is one of the most wanted David R. Dow author readers around the world.

  • 367 Comments

  • Back in 2009 when this book was published, and still in print. The term `judicial activism' was code for liberal judges ruling in favor of liberal causes. Now that we have very conservative Supreme Court and the likelihood that it will remain so, this term seems to have lost its sting.Be this as it may, David R. Dow , Distinguished Professor at the University of Houston Law Center and visiting Professor of History at Rice University lays out a case in favor of judicial activism. He builds his ca [...]


  • NB: Both my older brother and I were students of David Dow in law school.In this book, Dow presents a progressive view of constitutional interpretation. He contends that in most cases of alleged liberal judicial activism, "history has sided with the judges nearly all of the time," because the so-called activist "justices have perceived the direction of American legal history in a way that the populace as a whole has not" (p.9). These are judicial "prophets," with the vision to see the future tra [...]


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