Overruling Democracy

The Supreme Court vs. The American People

By Jamin B. Raskin

Reviews

The Supreme Court has recently issued decisions announcing that citizens have neither a constitutional right to vote, nor the right to an education. Conservative judges have continually disavowed claims to any rights not specifically mentioned in the Constitution. In Overruling Democracy, celebrated law professor Jamin B. Raskin, argues that we need to develop a whole new set of rights, through amendments or court decisions, that revitalize and protect the democracy of everyday life. Detailing specific cases through interesting narratives, Overruling Democracy describes the transgressions of the Supreme Court against the Constitution and the people -- and the faulty reasoning behind them -- and lays out the plan for the best way to back a more democratic system.

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In Bush v. Gore, the Supreme Court determined the American people have "no federal constitutional right to vote." But the Court's denial of this most basic right of democracy is the tip of the iceberg.

In Overruling Democracy,: The Supreme Court Versus the American People (Routledge, March 7, 2003, $27.50), Raskin argues that we are facing judicial activism of nearly unprecedented ferocity, with the Court routinely striking down democratically developed federal laws like the Violence Against Women Act, the Gun-Free School Zones Act, the Religious Freedom Restoration Act, the Brady Handgun Violence Prevention Act, and affirmative action programs.

Meantime, the judiciary has interfered with democracy by wiping out majority-African American and Hispanic congressional districts; inventing "rights" for private corporations to spend unlimited funds in public initiative and referendum campaigns; upholding discriminatory ballot access laws that exclude third parties; and denying the existence of a right to equal spending on public schools.

Raskin argues that defending civil liberties is insufficient to deal with the current judicial "reactivism" because today the minority is stifling the rights of the majority. What needs to be defended is democracy. Arguing for a new "constitutional patriotism," Raskin urges a series of constitutional amendments to protect the democratic rights the Court has read out of the document. Taking fellow liberals to task for being afraid of constitutional politics, Raskin argues it is time to take the issue of overruling democracy directly to the people.

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This brilliantly argued and meticulously researched book both alarms and inspires. Raskin shows how the Supreme Court has used its own perverse version of judicious activism to attack our fundamental constitutional rights -- and he offers a vision for how to restore democracy to America. Overruling Democracy belongs on the reading list of anyone who takes citizenship serious.

--Barbara Ehrenreich, author of Nickel and Dimed

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Jamin Raskin brilliantly shows how political and legislative democracy are being scandalously curtailed and undermined by the Supreme Court, which has become law unto itself. Not a counsel of despair, Overruling Democracy also explains how we the people--with a little courage--can reclaim our democracy.

--Robert Kuttner, co-editor, The American Prospect

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American democracy thrives because people like Jamin Raskin, an eloquent, thoughtful and provocative small-d democrat, insist on reminding us of our aspirations to equality and rule by the people. You may disagree with some of his ideas, as I do, and still come away refreshed and even electrified. The old issue was liberal judicial activism. The new issue is a conservative judicial activism that could constrain the ability of the democratic branches of our government to solve public problems. For liberals, Raskin says, ‘it is time to let go of any lingering nostalgic enchantment with the Supreme Court.’ He's right.”

— E.J. Dionne, author of Why Americans Hate Politics

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Jamin Raskin is in the forefront of progressive academics who bring specialized knowledge to bear on the large pressing issues of the day in a language that is broadly accessible.  InOverruling Democracy,he offers a critique of American law and politics that is impassioned yet thoughtful, polemical yet informative.”

—Randall Kennedy, Professor, Harvard Law School

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Jamin Raskin offers a passionate vision of the Supreme Court as the guardian of participatory democracy in America. Even those who take a more restrained view of the role of judges will benefit from his powerful arguments and moral fervor.”

—Jeffrey Rosen, Legal Affairs Editor, The New Republic

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A gripping book about the Supreme Court's assault on the political rights of the people. This book is required reading for every citizen who cares about the fate or our democracy.

—John Sweeney, President of the AFL-CIO

Raskin's groundbreaking suggestions for a democratic political reform movement provide the reader with a brighter vision for the future of the American governmental system

—Congressman John Conyers, (D. Michigan), Democratic leader on the House Judiciary Committee

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Overruling Democracy

The Supreme Court vs. The American People

By Jamin B. Raskin