The Myth of the Imperial Judiciary: Why the Right Is Wrong about the Courts

By Mark Kozlowski | Go to book overview

3
The Judiciary in History

It is a persistent theme of the Imperial Judiciary thesis that the power wielded by American courts over the past forty or so years is orders of magnitude beyond that exercised by courts for any sustained period ever before in our history. Recall Nathan Glazer’s declaration in “Towards an Imperial Judiciary?” on what judicial power has become: “The courts have truly changed their role in American life…. [They] are now far more powerful than ever before…. [They] now reach into the lives of the people, against the will of the people, deeper than they ever have in American history.”1 Max Boot tells us that, “because the law matters more” today, “what could have been shrugged off as a petty annoyance a hundred years ago—bad judges making bad decisions—today assumes the proportions of a much more substantial problem.”2 Similarly, federal appellate judge James L. Buckley has recently declared that, while “an inclination among federal judges to take policy into account is hardly new,” what is unique about recent decades “is the profound impact that a number of the [Supreme] Court’s more recent decisions have had on the social and political life of this country.”3

Further, when writers of the Imperial Judiciary school acknowledge the existence of judicial power in pre-Warren Court America, they spend a disproportionate amount of time focusing on particular cases that have come to be widely considered improvident or even disastrous exercises of the judicial function. More specifically, they make frequent reference to Dred Scott v. Sandford,4 the 1857 U.S. Supreme Court ruling that held that Congress had no power to halt the territorial expansion of slavery, the effect of which was to hasten, perhaps even guarantee, the outbreak of the Civil War. The ideological utility of this catastrophic ruling for Imperial Judiciary theorists is proved by the manner in which it is reflexively linked to Roe v. Wade,5 a practice begun a few days after the latter decision was issued when William F. Buckley termed Roe “the Dred Scott decision of the twentieth century.”6 The linkage is typically followed by a statement like

-86-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
The Myth of the Imperial Judiciary: Why the Right Is Wrong about the Courts
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Foreword ix
  • Acknowledgments xv
  • Introduction - The Ballad of Alexander and Alexis 1
  • 1 - The Imperial Judiciary and Its Malcontents 11
  • 2 - The Constitution and the Judiciary 51
  • 3 - The Judiciary in History 86
  • 4 - The Judiciary and the Extent of Rights 117
  • 5 - The Judiciary and the Politics of Rights 150
  • 6 - The Judiciary and the Polity 177
  • Conclusion - Why the Courts 217
  • Notes 221
  • Index 285
  • About the Author 293
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 293

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.