
❝ In his book “The Most Dangerous Branch,” Kaplan describes the American system of government as providing a distinctly limited role for the unelected members of the Supreme Court. The justices could properly weigh in to interpret only rights made explicit in the text of the Constitution, such as Fourth Amendment protections from unreasonable searches and seizures. The court could also step in to protect the rights of minorities, for the Constitution’s framers recognized that the popular will could not always be trusted to safeguard the basic rights of a disfavored group. And the court could intervene to make sure that the crucial processes of democracy, such as voting and elections, were running smoothly. Beyond that, Kaplan maintains, all other questions of public debate were to be left to the rough and tumble of electoral politics. In key respects, Kaplan’s portrayal of the court’s role conflicts with the view of many scholars of the court and the Constitution. [WashingtonPost.com]
DAVID KAPLAN is an award-winning journalist, & author of several books, including The Most Dangerous Branch. Watch him discuss SCOTUS and the Kavanaugh appointment below, and learn more about booking David for your next event today. |