The New Roberts Court, Donald Trump, and Our Failing Constitution
This book traces the evolution of the constitutional order, explaining Donald Trump’s election as a symptom of a degraded democratic-capitalist system. Beginning with the framers’ vision of a balanced system—balanced between the public and private spheres
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The New Roberts Court, Donald Trump, and Our Failing Constitution
Stephen M. Feldman
The New Roberts Court, Donald Trump, and Our Failing Constitution
Stephen M. Feldman College of Law University of Wyoming Laramie, WY USA
ISBN 978-3-319-56450-0 ISBN 978-3-319-56451-7 (eBook) DOI 10.1007/978-3-319-56451-7 Library of Congress Control Number: 2017938539 © The Editor(s) (if applicable) and The Author(s) 2017 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover credits: © Stocktrek Images, Inc. / Alamy Stock Photo © Josiah Romano / EyeEm Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
To Laura, as always
Acknowledgements
This book developed from a series of articles into an evolving book project. When I decided to transform the articles into a book, I began with a critique of the Roberts Court, including Justice Antonin Scalia. Justice Scalia’s death changed that project. When Hillary Clinton appeared likely to win the 2016 presidential election, I reconceived the book as explaining where a new progressive Supreme Court might go. Then, when Donald Trump won the presidency, I again reconceived the book—into the current volume. A number of people helped along the way with their comments on the various manuscripts (sometimes on more than one). I thank Alan Chen, Richard Delgado, Sam Kalen, Noah Novogrodsky, Alex Tsesis, Mark Tushnet, and Evan Zoldan for their insights. Parts of this book are derived from papers I presented at the 2013 and 2014 Yale Law School Freedom of Expression Scholars Conferences, a 2013 University of Virginia Constitutional History Conference, and the 2014 Law and Society Conference. I appreciate Jack Balkin’s invitations to the
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