Justice in the Balance Alexander Hamilton famously predicted that the judiciary would be "the least dangerous" branch of government. How's that working out? The Supreme Court stands as arbiter over a country increasingly unable to govern itself. Americans can't agree on the meaning of the Constitution or even the rule of law. Are the nine high priests enthroned in their marble temple the saviors of the Republic or the pallbearers of democracy? Are they defenders of the Constitution as written or super-legislators who make law from the bench? What did the Founders envision when they vested the "judicial Power" in "one supreme Court"? John Yoo, a professor of law at UC Berkeley, and Robert J. Delahunty, a fellow at the Claremont Institute Center for the American Way of Life, provide the answers with an incisive reading of the law and constitutional history. The Politically Incorrect Guide to the Supreme Court explains: The turbulent history of the court's early years, and the eventual triumph of "judicial supremacy" The Bill of Rights: how the Court has defined free speech, freedom of religion, and the right to bear arms The Court's notorious rulings and how they were overturned—from Dred Scottto Roe v. Wade Why "court-packing" is a constant temptation for Democratic presidents The Supreme Court's best and worst justices—and what qualities distinguished them The future of the Supreme Court: Will it be the rubber stamp of corrupt administrations or the ultimate watchdog protecting our nation's liberties? The Politically Incorrect Guide to the Supreme Court offers a penetrating and irreverent account of the justices—ideologues and cowards, geniuses and mediocrities, all of them thoroughly human—and a fascinating analysis of a Court that has swung like a pendulum from preserving the Republic to undermining government by the people and back to defending the Constitution. Sprightly, informative, and powerfully argued, this book is guaranteed to give the reader a deeper understanding of America's most powerful judicial body.
Justice in the Balance Alexander Hamilton famously predicted that the judiciary would be "the least dangerous" branch of government. How's that working out? The Supreme Court stands as arbiter over a country increasingly unable to govern itself. Americans can't agree on the meaning of the Constitution or even the rule of law. Are the nine high priests enthroned in their marble temple the saviors of the Republic or the pallbearers of democracy? Are they defenders of the Constitution as written or super-legislators who make law from the bench? What did the Founders envision when they vested the "judicial Power" in "one supreme Court"? John Yoo, a professor of law at UC Berkeley, and Robert J. Delahunty, a fellow at the Claremont Institute Center for the American Way of Life, provide the answers with an incisive reading of the law and constitutional history. The Politically Incorrect Guide to the Supreme Court explains: The turbulent history of the court's early years, and the eventual triumph of "judicial supremacy" The Bill of Rights: how the Court has defined free speech, freedom of religion, and the right to bear arms The Court's notorious rulings and how they were overturned—from Dred Scottto Roe v. Wade Why "court-packing" is a constant temptation for Democratic presidents The Supreme Court's best and worst justices—and what qualities distinguished them The future of the Supreme Court: Will it be the rubber stamp of corrupt administrations or the ultimate watchdog protecting our nation's liberties? The Politically Incorrect Guide to the Supreme Court offers a penetrating and irreverent account of the justices—ideologues and cowards, geniuses and mediocrities, all of them thoroughly human—and a fascinating analysis of a Court that has swung like a pendulum from preserving the Republic to undermining government by the people and back to defending the Constitution. Sprightly, informative, and powerfully argued, this book is guaranteed to give the reader a deeper understanding of America's most powerful judicial body.
The Presidency of George W. Bush is the first balanced academic study to analyze the entirety of his presidency—domestic, social, economic, and national security policies—as well as the administration’s response to 9/11 and the subsequent War on Terror. In so doing, John Robert Greene argues persuasively that the judgment of most scholars—that the Bush administration was a complete failure—has been made in haste and without the benefit of primary sources. This book is the first scholarly work to make wide use of the documents at the George W. Bush Presidential Library, many of which have only recently been made available to researchers through the Freedom of Information Act. John Robert Greene offers a balanced assessment and nuanced conclusions supported by documentary evidence. Yet in doing so he does not absolve the Bush administration of its shortcomings. The Presidency of George W. Bush shows that the administration could be vindictive, as demonstrated by the Plame Wilson affair and the firing of the US attorneys. It all too often moved too slowly, as shown by the National Security Council’s lethargic handling of terrorism pre-9/11, the failed attempt to revise Social Security, and the sluggish reaction to Hurricane Katrina. It was an administration that accepted, and acted on, the highly suspect theory of the unitary presidency as advocated by Dick Cheney and accepted by the president. On the other side of the balance sheet, however, the evidence also makes it eminently clear that the Bush administration was responsible for many positive achievements: No Child Left Behind set the nation on the road toward affecting serious educational reform. In healthcare reform, the Bush administration both strengthened the Medicare system and extended its benefits for millions of Americans. And Bush did more to combat the worldwide scourge of AIDS, particularly in Africa, than any other president. In sum, the actions of this presidency continue to affect the presidencies of each of his successors as well as the trajectory of world history to the present day.
After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context. In Terror Detentions and the Rule of Law: US and UK Perspectives, Dr. Robert H. Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. In this book Dr. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international Rule of Law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law.
The care of pregnant women presents one of the paradoxes of modern medicine. Women usually require little medical intervention during an (uneventful) pregnancy. Conversely, those at high risk of damage to their own health or that of their unborn require the help of appropriate medicinal technology, including drugs. Accordingly, there are two classes of pregnant women, the larger group requires support but not much intervention, while the other needs the full range of diagnostic and therapeutic measures applied in any other branch of medicine. This book presents the current state of knowledge about drugs in pregnancy. In each chapter information is presented separately for two different aspects of the problem seeking a drug appropriate for prescription during pregnancy, and assessing the risk of a drug when exposure has already taken place. Practising clinicians who prescribe medicinal products to women who are, or who may become, pregnant, will find this volume an invaluable reference.
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