Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court
Written by James MacGregor Burns
Narrated by Norman Dietz
3.5/5
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About this audiobook
Few Americans appreciate that the framers of the Constitution envisioned a much more limited role for the Supreme Court than it has come to occupy. In keeping with the founders' desire for balanced government, the Constitution does not grant the Supreme Court the power of judicial review-that is, the ability to veto acts of Congress and the president. Yet throughout its history, as Packing the Court details, the Supreme Court has blocked congressional laws and, as a result, often derailed progressive reform.
The term packing the court is usually applied to FDR's failed attempt to expand the size of the Court after a conservative bench repeatedly overturned key elements of the New Deal. But Burns shows that FDR was not the only president to confront a high court that seemed bent on fighting popular mandates for change, nor was he the only one to try to manipulate the bench for political ends. Many of our most effective leaders-from Jefferson to Jackson, Lincoln to FDR-have clashed with powerful justices who refused to recognize the claims of popularly elected majorities. Burns contends that these battles have threatened the nation's welfare in the most crucial moments of our history, from the Civil War to the Great Depression-and may do so again.
Given the erratic and partisan nature of Supreme Court appointments, Burns believes we play political roulette with the Constitution with each election cycle. Now, eight years after Bush v. Gore, ideological justices have the tightest grip on the Court in recent memory. Drawing on more than two centuries of American history, Packing the Court offers a clear-eyed critique of judicial rule and a bold proposal to rein in the Supreme Court's power over the elected branches.
Editor's Note
In the news…
This clear-eyed critique of the politicization of the court emphasizes the ways partisan nominations hamper the judicial prudence of the court, and the fate of the country.
James MacGregor Burns
James MacGregor Burns (1918–2014) was a bestselling American historian and political scientist whose work earned both the National Book Award and a Pulitzer Prize. Born in Boston, Burns fell in love with politics and history at an early age. He earned his BA at Williams College, where he returned to teach history and political science after obtaining his PhD at Harvard and serving in World War II. Burns’s two-volume biography of Franklin D. Roosevelt is considered the definitive examination of the politician’s rise to power, and his groundbreaking writing on the subject of political leadership has influenced scholars for decades. Most recently, he served as the Woodrow Wilson Professor of Government Emeritus at Williams College and as Distinguished Leadership Scholar at the University of Maryland.
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