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Whistle Stopper - The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom
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List Price: $25.95
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Manufacturer: Sentinel HC
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Average Customer Rating: 
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Binding: Hardcover
Dewey Decimal Number: 347.73260264
EAN: 9781595230508
ISBN: 1595230505
Label: Sentinel HC
Manufacturer: Sentinel HC
Number Of Items: 1
Number Of Pages: 320
Publication Date: 2008-05-01
Publisher: Sentinel HC
Studio: Sentinel HC
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Spotlight customer reviews:
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Customer Rating:
Summary: Outstanding - one of the best I have read
Comment: I have read the Constitution several times and it has always been a mystery to me how many (if not most) laws are permissible by our courts and deemed congruent with our founding fathers vision. This book no only addresses my confusion but does it in a clear entertaining style free of Latin and other confusing "legalese". I highly recommend this well written engaging book.
Customer Rating:
Summary: An expertly crafted and harsh criticism of the courts
Comment: The Supreme Court is governed by humans, and humans do make errors."The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom" is an examination of these mistakes that have cost America dearly. Pointing out cases in which the Supreme Court has bumbled and allowed the federal government to interfere with private contracts or political support, detain prisoners charge, wrongfully seize property, and other misdeeds of the court, "The Dirty Dozen" is an expertly crafted and harsh criticism of the courts. Highly recommended for community library law collections.
Customer Rating:
Summary: A superb exposition of how the defenders of the Constitution have eroded our freedom
Comment: "Regrettably, the [Supreme] court has too often taken the plain wording of the Constitution and interpreted it to mean exactly the opposite of what the Founding Fathers intended. By that process the Court profoundly altered the American legal, political, and economic landscape."
So begins Richard Epstein's forward to this truly remarkable book.
The authors, Robert Levy, of the Cato Institute, and William Mellor, of the Institute of Justice, have chosen twelve Supreme Court cases they believe "changed the course of American history".
The book is not written solely for lawyers. In fact, it is written for the citizen concerned with the expansion of government at the expense of individual freedom.
The tragedy of this book is that it will be read by so few people when it should be read by every citizen, regardless of political persuasion, who is concerned the fate of the United States.
These twelve cases are considered by the authors to be the worst decisions of the Supreme Court of the modern era. In most cases, they also list a runner-up. Events move quickly, so it is quite likely that the authors would add Boumedienne v. Bush, the incredible decision that grants a variety of rights to terrorists. Personally I think that Boumedienne will vie with Dredd Scott as being the most lunkheaded decision ever made by the Court. U.S. v. Miller, 1939 case about the Second Amendment, has been resolved by the very recent decision in District of Columbia v. Heller. (One can see how endangered the Constitution is by the 5-4 vote of the Court in Heller.)
The authors (unsurprisingly) relate each of the cases to a specific topic. The book consists of two parts, the first on how the Court has allowed government to expand far beyond the intentions of the Founding Fathers and the second on how the Court's decisions have eroded freedom.
The topics and "dirty dozen" cases are:
Promoting the general welfare (Helvering v Davis)
Regulating Interstate Commerce (Wickard v. Filburn)
Rescinding Private Contracts (Home Building & Loan v. Blaisdell)
Lawmaking by Administrative Agencies (Whitman v. American Trucking)
Campaign Finance Reform and Free Speech (McConnel v. FEC)
Gun Owner's Rights (United States v. Miller)
Civil Liberties Versus National Security (Korematsu v. U.S.)
Asset Forfeiture Without Due Process (Bennis v. Michigan)
Eminent Domain for Private Use (Kelo v. City of New London)
Taking Property by Regulation (Penn Central v . New York)
Earning an Honest Living (U.S. v. Carolene Products)
Equal Protection and Racial Preferences (Grutter v. Bolinger)
As you can see, critical liberties we take for granted are covered, such as what most people consider their "right" to earn an honest living. In fact, as the authors point out, more than 20% of jobs are subject to regulation or licensing requirements - and no matter how stupid or anti-competitive the restrictions, the Court has given the states free reign to restrict your right to earn a living. This chapter is frightening - but so are all the other chapters. Once you see how the Court has truly altered the intent of the Constitution in the past seven decades, you will worry about tomorrow and what could happen if more left-wingers are appointed to the Court.
If you are concerned for the future of the United States and its Constitution, read this book. I suspect that after reading it, you - like me - will be suggesting to everyone you know that they read it too.
Jerry
Customer Rating:
Summary: A look at how the Supreme Court has botched decisions and eroded our freedoms
Comment: I believe you and every American interested in our freedoms and the Supreme Court should read this book. The authors, Robert Levy and William Mellor, pick 12 Supreme Court cases they believe were poorly decided and had detrimental consequences to our society. Each of these cases is given its own chapter and often includes another case as a "dishonorable mention" that they may also reference.
Now, we are far too deferential to the Supreme Court and even the Federal Courts. We allow them to "correct society" through rulings that are really super-legislation. This is not in the Constitution and is bad for our society. It allows the legislative branch to avoid its responsibilities, and plants undemocratic sentiments in the hearts and minds of the citizenry. But this is my point of view.
Richard Epstein gives a very nice introduction and goes over his views on the cases selected. While he mostly agrees with the authors, he offers up some disagreements and explains why. This helps the reader start his or her critical thinking as they work through the book. Yes, it is written for the general public, but it is reading you will want to read and argue with in your own mind to come to your own conclusions.
The book is in two parts. The first talks about cases that have led to the expansion of government. Chapter 1 uses Helvering v Davis (1937) and U.S. v Butler (1936) to discuss the misuse of the general welfare clause. Chapter 2 uses Wickard v. Filburn (1942) and Gonzales v. Raich (2005) to demonstrate the abuse of the clause about regulating interstate commerce. Chapter 3 looks at rescinding private contracts with the 1934 case Home Building & Loan Association v. Blaisdell and the 1935 case Gold Clause Cases. Chapter 4 is an important look at lawmaking by administrative agencies through the 2001 case Whiteman v. American Trucking Association, Inc.
Part two is about eroding our freedoms. Chapter 5 examines the infamous efforts at campaign finance reform and free speech. McConnell v. Federal Election Commission 2005 and Buckley v. Valeo in 1976 are explained clearly. Gun owner rights are discussed in chapter 6 using the 1939 case U.S. v. Miller. Of course we are about to get some kind of ruling from our current Supreme Court about the second amendment. Are they going to affirm our rights, deny them or punt? We don't know yet. Chapter 7 is an important look at our civil liberties versus national security using the case Korematsu v. U.S. from 1944.
Chapter 8 talks about asset forfeiture without due process using Bennis v. Michigan from 1996. Closely related is eminent domain for private use discussed in chapter 9. The authors use the rotten decision Kelo v. City of New London from 2005 and Berman v. Parker from 1954. Taking property by regulation (a real problem nowadays) uses the cases Penn Central Transportation Co. v. New York from 1978 and the Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency from 2002 in Chapter 10.
Chapter 11 examines earning an honest living using U.S. v. Carolene Products from 1938 and Nebbia v. New York in 1934. Chapter 12 looks at equal protection and racial preferences using the famous Grutter v. Bollinger case from 2003 and the Regents of the U. of California v. Bakke from 1978. The afterword on "Judicial Activism and Tomorrow's Supreme Court" is very much worth reading.
They offer two postscripts. The first is on Roe V. Wade from 1973 and Bush v. Gore in 2000. They also provide a copy of the Constitution for easy reference. There is also a table of the cases referenced, notes, and a helpful index.
I enjoyed this book and recommend that you read it and wrestle with what the authors say about our government, our Constitution, and our manner of living. This is important and serious stuff that each of us needs to think about and act on.
For their next book, I hope they take on cases where the results were popular, but were still wrongly decided because the Supreme Court should have referred it back to the legislature for resolution.
Reviewed by Craig Matteson, Ann Arbor, MI
You might also want to look at:
The People Themselves: Popular Constitutionalism and Judicial Review
and
The Heritage Guide to the Constitution
Customer Rating:
Summary: stare decisis?????
Comment: It had been years that I looked for some author to explain the solidity of "stare decicis"of the Common Law, and, I found it here, an honest explanation of how to understand the "dogma" of the stare decisis. Magnigicent and very honest!!!!
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Editorial Reviews:
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A non-lawyer’s guide to the worst Supreme Court decisions of the modern era
The Dirty Dozen takes on twelve Supreme Court cases that changed American history—and yet are not well known to most Americans.
Starting in the New Deal era, the Court has allowed breathtaking expansions of government power that significantly reduced individual rights and abandoned limited federal government as envisioned by the founders.
For example:
• Helvering v. Davis (1937) allowed the government to take money from some and give it to others, without any meaningful constraints
• Wickard v. Filburn (1942) let Congress use the interstate commerce clause to regulate even the most trivial activities—neither interstate nor commerce
• Kelo v. City of New London (2005) declared that the government can seize private property and transfer it to another private owner
Levy and Mellor untangle complex Court opinions to explain how The Dirty Dozen harmed ordinary Americans. They argue for a Supreme Court that will enforce what the Constitution actually says about civil liberties, property rights, racial preferences, gun ownership, and many other controversial issues.
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