We the People

September 24, 2018
Chemerinsky (Closing the Courthouse Door), dean of the University of California, Berkeley, School of Law, articulates an alternative vision for the Supreme Court of the United States in this relatively accessible polemic. To open, he examines the prevailing conservative values and vision of the court, as well as what he considers conservative justices’ false claims of ideological neutrality, delving into “originalism” and its employment as a cover for conservative judicial activism. He also counters arguments that the court should not be able to strike down laws and executive actions, and lays out a case for identifying core values in the U.S. Constitution. In Chemerinsky’s view, the preamble to the Constitution, despite being “largely ignored” or “treated as a mere rhetorical flourish,” holds the key to understanding the values inherent in the document, namely ensuring democratic government, providing effective governance, establishing justice, securing liberty, and achieving equality. The remainder of the book details these five values and cites Supreme Court cases relevant to each. The work has value as a history, and Chemerinsky levies trenchant critiques of the Supreme Court’s recent decision making; however, those who don’t agree with the author that certain liberal values are self-evidently good may not be swayed, and he offers no material way to change the situation.

With Brett Kavanaugh's confirmation to the Supreme Court in October 2018, the Court now solidly represents the conservative legal view. For Chemerinsky, a leading U.S. legal scholar and currently dean of the Berkeley School of Law, there exists an alternative perspective, one that reflects a progressive outlook on the law. Chemerinsky takes issue with the "originalist" ideals of the late Justice Antonin Scalia and others who argue that the Constitution must be interpreted only in the light of what was allegedly the mind-set of the Founding Fathers. Instead, the author believes that the Constitution is a living document that can only best be interpreted through the lens of contemporary thought and culture. He also places a great deal of importance on the Preamble to the Constitution, which inspired the title of this book, and its focus on liberty and justice. VERDICT Those troubled by the Court's trending rightward can take solace in Chemerinsky's learned articulation of a different outlook. His valuable counterpoint to the current Court's dominant view is recommended for all collections.--Ed Goedeken, Iowa State Univ. Lib., Ames