No Democracy Lasts Forever argues that the Constitution has become a threat to American democracy and must be dramatically changed or replaced if secession is to be avoided.
Deeply troubled by the Constitution's inherent flaws, Erwin Chemerinsky, the renowned dean of Berkeley law school, came to the sobering conclusion that our nearly 250-year-old founding document is responsible for the crisis now facing American democracy. Pointing out that just fifteen of the 11,848 amendments proposed since 1789 have passed, Chemerinsky contends that the very nature of our polarization results from the Constitution's 'bad bones,' which have created a government that no longer works or has the confidence of the public. Yet political armageddon can still be avoided, Chemerinsky writes, if a new constitutional convention is empowered to replace the Constitution of 1787, much as the Founding Fathers replaced the outdated Articles of Confederation. If this isn't possible, Americans must give serious thought to forms of secession—including a United States structured like the European Union—based on a recognition that what divides us as a country is, in fact, greater than what unites us.
Both historically and in the present, the Supreme Court has largely been a failure
In this devastating book, Erwin Chemerinsky-"one of the shining lights of legal academia" (The New York Times)-shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court's historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11.
No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation
Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.
Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the 'original intent' of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
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Presumed Guilty reveals how the Supreme Court allows the perpetuation of racist policing by presuming that suspects, especially people of color, are guilty.
Presumed Guilty, like the bestselling The Color of Law, is a 'smoking gun' of civil rights research, a troubling history that reveals how the Supreme Court enabled racist policing and sanctioned law enforcement excesses. The fact that police are nine times more likely to kill Black men than other Americans is no accident; it is the result of an elaborate body of doctrines that allow the police and courts to presume that suspects are guilty before being charged.
Demonstrating how the prodefendant Warren Court was a brief historical aberration, Erwin Chemerinsky shows how this more liberal era ended with Nixon's presidency and the ascendance of conservative justices, whose rulings have permitted stops and frisks, limited suits to reform police departments, and even abetted the use of chokeholds. Presumed Guilty concludes that an approach to policing that continues to exalt 'Dirty Harry' can be transformed only by a robust court system committed to civil rights.
The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens' ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts' primary purpose, and they should not be barred from considering any constitutional question.
