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Men in Black: How the Supreme Court Is Destroying America
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Men in Black: How the Supreme Court Is Destroying America
Unavailable
Men in Black: How the Supreme Court Is Destroying America
Ebook375 pages5 hours

Men in Black: How the Supreme Court Is Destroying America

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Conservative talk radio host, lawyer, and frequent National Review contributor Mark R. Levin comes out firing against the United States Supreme Court in Men in Black, accusing the institution of corrupting the ideals of America's founding fathers. The court, in Levin's estimation, pursues an ideology-based activist agenda that oversteps its authority within the government. Levin examines several decisions in the court's history to illustrate his point, beginning with the landmark Marbury v. Madison case, wherein the court granted itself the power to declare acts of the other branches of government unconstitutional. He devotes later chapters to other key cases culminating in modern issues such as same-sex marriage and the McCain-Feingold campaign finance reform bill. Like effective attorneys do, Levin packs in copious research material and delivers his points with tremendous vigor, excoriating the justices for instances where he feels strict constit utional constructivism gave way to biased interpretation. But Levin's definition of "activism" seems inconsistent. In the case of McCain-Feingold, the court declined to rule on a bill already passed by congress and signed by the president, but Levin, who thinks the bill violates the First Amendment, still accuses them of activism even when they were actually passive. To his talk-radio listeners, Levin's hard-charging style and dire warnings of the court's direction will strike a resonant tone of alarm, though the hyperbole may be a bit off-putting to the uninitiated. As an attack on the vagaries of decisions rendered by the Supreme Court and on some current justices, Men in Black scores points and will likely lead sympathetic juries to conviction. -
LanguageEnglish
Release dateSep 25, 2006
ISBN9781596980327
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Men in Black: How the Supreme Court Is Destroying America
Author

Mark R. Levin

Mark R. Levin, nationally syndicated talk radio host, host of LevinTV, chairman of Landmark Legal Foundation, and the host of the Fox News show Life, Liberty, & Levin, is the author of eight consecutive #1 New York Times bestsellers: Liberty and Tyranny, Ameritopia, The Liberty Amendments, Plunder and Deceit, Rediscovering Americanism, Unfreedom of the Press, and American Marxism. Liberty and Tyranny spent three months at #1 and sold more than 1.5 million copies. His books Men in Black and Rescuing Sprite were also New York Times bestsellers. Levin is an inductee of the National Radio Hall of Fame and was a top adviser to several members of President Ronald Reagan’s cabinet. He holds a BA from Temple University and a JD from Temple University Law School.

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  • Rating: 5 out of 5 stars
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    This book addresses a topic critical to America's future, and it could be understood by the average reader. Levin makes his conservative stance transparent (as does the introduction by Rush Limbaugh and afterword by Edwin Meese). While I'm not convinced he would relegate so much to the states if current law swayed more toward his own moral views, he distinguishes between criticism and opinion sufficiently for his book to remain instructive. His main point is that the history of the Supreme Court is a constant trend toward activism over originalism. This trend violates the intent of the Constitution. It has led to increasingly complex law, supplanting the role of the legislature with a web of implications set by the courts. Rather than define the law, activist rulings continually create a need to refine the law and open up whole new paths of precedent triggered by the introduction of new concepts. For example, the 14th ammendment can be violated by a "compelling interest." I found it interesting to learn how much of the Supreme Court's expanded role was spawned from cases involving the 14th ammendment. It was leveraged in key decisions related to abortion, affirmative action, immigration, and elections. (If Republicans regret the decisions resulting from the 14th ammendment, they should note their party is solely responsible for it's wording. Amend with care.) Levin's adherence to principle breaks down somewhat in his chapter about the Court's rulings about enemy combatants. "There has been no widespread detention of U.S. citizens - only two, to the best of my knowledge - and only after an extensive vetting process" (p.122). He also seems to justify the Bush administration's steps in this matter on the basis that they aren't as extreme as the wartime detentions ordered by Lincoln and Roosevelt. Despite these criticisms, I found Levin's arguments generally understandable, principled, and balanced. He himself criticizes the Bush administration for signing McCain-Feingold. His closing chapter explores potential solutions to activism, including impeachment, Congressional limits on judicial scope, and changes to confirmation processes and tenure.Those who support the activist rulings, do so only because they agree with the prevailing winds. When the direction shifts, they will, no doubt, decry expansive rulings as violating the appropriate role of the court. A judiciary fixed on original principles would preserve a proper balance of powers, while leaving specific laws to be written where laws should be written.