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America's Prophets: How Judicial Activism Makes America Great 1st Edition

4.5 out of 5 stars 2 customer reviews
ISBN-13: 978-0313377082
ISBN-10: 0313377081
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Editorial Reviews

About the Author

DAVID R. DOW is University Distinguished Professor at the University of Houston Law Center and Visiting Professor of History at Rice University. His areas of expertise include contracts, constitutional law, and death penalty law. He has handled more than fifty appeals, including 25 death penalty appeals. He earned his J.D. from Yale University, where he was an editor on the Yale Law Journal. He is the author of three books, including Executed on a Technicality (2005) and Machinery of Death (2002), and more than one hundred book chapters and professional articles. His essays and editorials on abortion, polygamy, gay marriage, affirmative action, separation of church and state, biblical law, and judicial activism have appeared in The New York Times, The Washington Post, The Christian Science Monitor, The Progressive, The Houston Chronicle, and The Dallas Morning News.

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Product Details

  • Hardcover: 165 pages
  • Publisher: Praeger; 1 edition (April 30, 2009)
  • Language: English
  • ISBN-10: 0313377081
  • ISBN-13: 978-0313377082
  • Product Dimensions: 6.1 x 0.5 x 9.2 inches
  • Shipping Weight: 14.9 ounces (View shipping rates and policies)
  • Average Customer Review: 4.5 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #4,504,233 in Books (See Top 100 in Books)

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Format: Hardcover
Back in 2009 when this book was published, and still in print. The term `judicial activism' was code for liberal judges ruling in favor of liberal causes. Now that we have very conservative Supreme Court and the likelihood that it will remain so, this term seems to have lost its sting.

Be this as it may, David R. Dow , Distinguished Professor at the University of Houston Law Center and visiting Professor of History at Rice University lays out a case in favor of judicial activism. He builds his case on a biblical division of legal power. He identifies the biblical judges as the priests who adjudicated disputes. The prophets were those who interpreted the words and by extension the will of God.

He gives the examples first of Rabbi Hillel famous summation of the old testament as being "Thou shalt not do unto others, that which you would not have done to yourself". He then quotes Jesus as having restarted this principle, except in a positive formula "Do unto others as you would have done to you." The special relevancy of these statements is that they encode a directive not to be found in any explicit biblical quotation. That is both formulas represent interpretations rather than strict readings.

He then opines that American Judges have the particular duty of stating when the rule of the majority has, or is likely to become the dictatorship of the majority. The older term he cites is the problem of the "tyranny of the majority". This term is a quote from James Madison's Federalist Paper No 10.

Clearly the importance of these sources is to make the case directly to the so called Christian Right, that judicial activism has both biblical precedence and the support of the founding fathers of the US Constitution.
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Format: Hardcover
...on the impeachment methodology should the "Prophets" fail to argue, rule or hold progressively sufficient to our liking or in such a manner as to cause us to FEEL as if they were being prophetic.
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