This work examines judicial power as an integral part of America's increasingly anxious and intolerant society. Nagel argues that judicial decisions are often an effort to stifle disagreement and to censor important beliefs and important traditions. Covering controversial topics, the analysis crosses conventional political and philosophic lines.
In this highly original book, Robert Nagel demonstrates how contemporary constitutional politics relate to the moral character of American culture. He argues persuasively that judicial decisions reflect wider social tendencies towards moral evasiveness, privatization, and opportunism. Constitutional interpretation, he urges, is often an effort to stifle political disagreement and, ultimately, to censor our own beliefs and traditions.Nagel ranges over such controversial topics as the confirmation hearings of Clarence Thomas and Robert Bork, local resistance to abortion rights, political correctness on campus, and judicial decisions dealing with pornography, flag burning, gay rights, school prayer, and racial desegregation.
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