Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Thursday, January 23, 2020

Conversations with RBG by Jeffrey Rosen


I admit my knowledge and understanding of the Supreme Court is barely adequate, based mostly on headline news and gleanings from my readings in history and biographies.

With some trepidation, I proceeded to read Conversations with RBG, worried it would be 'over my head.'

I was immediately pleased to find Jeffrey Rosen's book was informative, with a good sense of Justice Ruth Bader Ginsberg's personality and ideas about "life, love, liberty, and law," and yet accessible to a general reader like myself. Most of the cases discussed were quite well known, although in Rosen's chapter introductions there were references to cases outside of my knowledge.

Each chapter is a transcript of a conversation between Rosen and RBG that took place over time, focusing on one aspect of her life or career. The conversations consider landmark Supreme Court cases but also consider the present and future of the Court.

Rosen and RBG bonded over a shared love of opera. Classical music and opera are RBG's passion, bringing beauty, joy, and therapeutic escape into her workaholic life.

I appreciated learning about her early cases working with the American Civil Liberties Union and the Women's Rights Project.

RBG endeavored for laws that were neutral in regards to sex, so that men and women had the same, equal protections.

I think that men and women, shoulder to shoulder, will work together to make this a better world.~RBG quoted in Conversations with RBG
All the landmark cases are addressed from RBG's landmark cases to her dissenting votes. A very interesting chapter concerns RBG's meeting with Margaret Atwood. Also discussed is how RBG became a cultural icon, memorialized in opera and social media memes.

Rosen asked, "What's the worst ruling" the current Court has produced, and she answered Citizens United. "I think the notion that we have all the democracy that money can buy strays fo far from what our democracy is supposed to be."

I read in the newspaper today that Virginia passed the Equal Rights Amendment, which RBG had supported. Last night I had read about Rosen asking if the ERA might be revived in correlation with the 100th anniversary of the Nineteenth Amendment. RBG replied that because some states withdrew their ratification "it would be better to start over."

I appreciated RBG's philosophy of the court being "a reactive institution." She believes the Court should respect the legislative judgment of Congress.

RBG is hopeful, understanding that the American democratic experiment is an ever-evolving process.

"I am an originalist; I think we're constantly forming a more perfect Union, which is what the Founders intended. As bad as things may be, there are better than they once were. These are not the best of times, but think of how many bad time's I've experienced in my long lig.e Starting with the Second World War...then Senator Joe McCarthy...Then Vietnam. Somehow, we have gotten over the worst of times."~RBG in Conversations with RBG by Jeffrey Rosen

I won a free book from the publisher through LibraryThing. My review is fair and unbiased.

Read an excerpt here.

Conversations with RBG
by Jeffrey Rosen
Henry Holt and Co.
Publication: 11/05/2019
hardcover $28
ISBN: 9781250235176

Monday, February 19, 2018

How Democracies Die: How Elected Leaders Subvert Democratic Process and How To Stop It


My photo of How Democracies Die  by Steven Levitsky and Daniel Ziblatt may be a visual joke, but this book is a sobering consideration of how democratic governments have, through subtle and even legal steps, evolved into authoritarian states. If American norms--political interactions not legislated but tacitly agreed upon--continue to be eroded we, too, could quickly find ourselves watching the last days of a democratic America.

The authors present the histories of countries that were democracies and became authoritarian, highlighting the strategies used by populist leaders to bring the system into their control. Later chapters consider the history of our political parties as gatekeepers as well as the source of conflict. A sad reality is that consensus has only occurred in America when the racist elements have been appeased.

And I am not just talking about slave owning states bulking up their political power by making slaves 3/5ths of a person, or the later repression of voting rights. As my readings in late 20th c political history have taught, the repression of African American, and the poor, is active to this day. I was a young adult when I heard our politicians call for 'law and order' and the end of 'welfare queens' and 'young bucks' drawing the dole. If after the mid-century Civil Rights protests we could not be above board with racism, it morphed into new language.

I was shocked not to have noticed before that recent anti-immigration movements are rooted in a desire to weaken the Democratic party, since most immigrants, along with people of color, vote Democratic. I knew it was overt racism, just missed that connection.

After leading readers through history the authors turn to today's political situation, evaluating the administration's tendency toward authoritarianism. As by the end of 2017, the system of checks and balances appear to be working. BUT, if the Republican party is complicit, the breakdown can and happen here.

In the end, the authors offer how the Democratic party should respond to the crisis--not by imitating the Tea Party methods, or by giving up 'identity politics' and letting the disenfranchised flounder, but by committing to consensus politics, forming a broad coalition, and restoring the basic norms that worked in the past: mutual toleration and forbearance.

I think this is one of the most enlightening books I have read recently. I highly recommend it.

I received a free book through Blogging for Books in exchange for a fair and unbiased review.

How Democracies Die
By Steven Levitsky and Daniel Ziblatt
Hardcover $26.00
Published by Crown
ISBN 9781524762933

Read an interview with the authors, excepts which appears below, at
https://www.penguinrandomhouse.com/books/562246/how-democracies-die-by-steven-levitsky-and-daniel-ziblatt/9781524762933/


 We think two norms in particular carry a lot of weight in the American political system. The first is “mutual toleration”—not treating political rivals as existential enemies, but rather as fellow loyal Americans. The second is “forbearance,” or restraint—by which we mean that leaders don’t “play politics to the max,” using all the legal power you have a right to in order to destroy your rivals.
But there is something else that ordinary Americans must do: Try to build broader coalitions in defense of democracy. To ensure democracy’s survival, we must build alliances that extend beyond traditional party lines.


Hear an interview on Fresh Air at
https://www.npr.org/2018/01/22/579670528/how-democracies-die-authors-say-trump-is-a-symptom-of-deeper-problems

Read an excerpt at New Republic at
https://newrepublic.com/article/145916/democracy-dies-donald-trump-contempt-for-american-political-institutions

Read a review at the Wall Street Journal at
https://www.wsj.com/articles/review-polarized-societies-and-how-democracies-die-1516836739

“We live in perilous times. Anyone who is concerned about the future of American democracy should read this brisk, accessible book. Anyone who is not concerned should definitely read it.”
—Daron Acemoglu, co-author of Why Nations Fail