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

By Mark Kozlowski

Book Overview

Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today's intensely ideological assault is nearly unprecedented.
Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the "imperial judiciary." American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity.
The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders' intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals.
Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.

• Format: Hardcover
• Language: English
• ISBN: 0814747752
• ISBN13: 9780814747759
• Release Date: February 2003
• Publisher: New York University Press
• Length: 293 Pages
• Weight: 1.25 lbs.
• Dimensions: 0.9" x 6.4" x 9.1"

Customer Reviews

'Radicals in robes'? Hardly

Is the federal judiciary really out of control? By way of answer to that question, Mark Kozlowski delivers 220 pages (plus endnotes) of fresh air and good sense -- all pointing to the conclusion that, nope, the federal judiciary is doing pretty much what it's always done and working pretty much the way the framers of the Constitution intended it to work. It's a nice analysis. In his opening chapter, he sets out an eminently fair statement of what he calls the 'Imperial Judiciary thesis' (propounded most recently in Mark Levin's ill-reasoned screed _Men In Black_ -- endorsed, notably, by Ed Meese). In the rest of the book, he proceeds to make complete mincemeat of it. 'Originalism' (both the 200-proof Bork/Meese variety and the 100-proof version offered by Keith Whittington) get a pretty complete takedown -- along with, really, the entire Levin/Bork/Meese view of the Constitutional role of the judiciary. I won't try to summarize Kozlowski's arguments here; I'll just recommend them highly to anyone looking for a sane voice in reply to the current round of anti-judiciary fanatics. This is an excellent and well-reasoned book that, unfortunately, remains timely two years after its publication. I guess there are still some people who need to read it.

Thought provoking

A refreshing look at the judiciary. Well worth the read.