The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom (Hardcover)

by Robert A. Levy (Author), William Mellor (Author)
Key Phrases: electioneering communications, filled milk, narrow tailoring, Supreme Court, Second Amendment, Penn Central (more...)

Editorial Reviews

From Publishers Weekly
Cato Institute senior fellow Levy and lawyer Mellor, in this excellent examination of twelve far-reaching Supreme Court cases and their consequences, force readers to question the direction in which the judiciary has led our country over the past century-and possibly their own attitudes toward the federal government. The authors deftly navigate the complicated proceedings without slipping into lawyer-speak, while unapologetically leaning on their libertarian sentiments to color their commentary and analysis. Though the writers defend well their claim that the dozen cases under discussion-with a number of "dishonorable mentions" and an appendix each for Roe v. Wade and Bush v. Gore-have expanded the federal government and eroded civil liberties, one can't help but feel a creeping sense of arrogance when Levy and Mellor assert repeatedly that they know how the Constitution's authors would view the document were they alive today. Still, the authors' canny investigation into the Supreme Court should call into doubt some of the staid political viewpoints readers may have taken too long for granted.
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Review
“Cato Institute senior fellow Levy and lawyer Mellor, in this excellent examination of twelve far-reaching Supreme Court cases and their consequences, force readers to question the direction in which the judiciary has led our country over the past century—and possibly their own attitudes toward the federal government. The authors deftly navigate the complicated proceedings without slipping into lawyer-speak, while unapologetically leaning on their libertarian sentiments to color their commentary and analysis. Though the writers defend well their claim that the dozen cases under discussion—with a number of “dishonorable mentions” and an appendix each for Roe v. Wade and Bush v. Gore—have expanded the federal government and eroded civil liberties, one can’t help but feel a creeping sense of arrogance when Levy and Mellor assert repeatedly that they know how the Constitution’s authors would view the document were they alive today. Still, the authors’ canny investigation into the Supreme Court should call into doubt some of the staid political viewpoints readers may have taken too long for granted.”
--Publisher’s Weekly(May)

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Product Details

• Hardcover: 320 pages
• Publisher: Sentinel HC; First Printing edition (May 1, 2008)
• Language: English
• ISBN-10: 1595230505
• ISBN-13: 978-1595230508
• Product Dimensions: 9.3 x 6.1 x 1.2 inches
• Shipping Weight: 1.1 pounds (View shipping rates and policies)
• Average Customer Review: 4.8 out of 5 stars See all reviews (18 customer reviews)
• Amazon.com Sales Rank: #33,349 in Books (See Bestsellers in Books)

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Customer Reviews

Most Helpful Customer Reviews

49 of 52 people found the following review helpful:

5.0 out of 5 stars Twelve (+) Bad Cases in One Amazing Book!, May 13, 2008

By	The Stranger "Meursault" (Arlington, VA) - See all my reviews

When reviewing Epstein's "How Progressives Rewrote the Constitution" I griped that he failed to use the "treasure trove" of case law available to support his argument. Well Levy and Mellor have found it and put it all on display! I was immediately intrigued when I saw the title. What twelve cases would they pick? The title, however, is a tad misleading. I was pleasantly surprised to discover that this book is much more than just twelve bad cases. Sure, you get twelve cases and the facts and issues involved but there's a lot more.

Liberties aren't destroyed overnight. Levy and Mellor recognize this by breaking the book up into chapters focusing on specific freedoms or clauses in the constitution rather than solely one case. They masterfully focus on one case in each area while also recognizing (through "dishonorable mentions") the precedent that lead to each of the Dirty Dozen. They also detail the repercussions and cases that followed. The effect is that they manage to take a premise, twelve distinct and often unrelated cases, and construct a comprehensive argument for the Court's responsibility in the expansion of our government and erosion of our liberties.

This book is an easy read for lawyers who are likely already aware of many of the cases. One of the many successes of this book, however, is its clear enunciation of the issues for those without a legal background. The authors spare no one, regardless of political affiliation, in their analysis of the cases. This is a perfect explanation of the damage the Supreme Court has done to our constitutional form of government in the last century.

23 of 27 people found the following review helpful:

5.0 out of 5 stars A great book, May 16, 2008

By	Richard A. Comroe "RichC" (Barrington, IL) - See all my reviews (REAL NAME)

The title is misleading. It's not about 12 cases, it's about 12 topics of constitutional abuse, each topic being carefully crafted to teach an abused section of the constitution, along with how that section of the constitution has been abused, complete with the landmark cases: what they were, how they were decided, and how the Supreme Court err'ed on each.

As such it's a wonderfully informative book teaching a broad scope of Supreme Court sanctioned constitutional abuse. I found it well written, immensely entertaining, and comprehensive in both its structure and coverage. I couldn't put the book down til reaching the end.

22 of 26 people found the following review helpful:

5.0 out of 5 stars A superb exposition of how the defenders of the Constitution have eroded our freedom, July 11, 2008

By	Jerry Saperstein (Evanston, IL USA) - See all my reviews (TOP 100 REVIEWER)

"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