The New Roberts Court, Donald Trump, and Our Failing Constitution (eBook)

Stephen M. Feldman is Visiting Scholar at Harvard Law School, USA, and has been the Jerry W. Housel/Carl F. Arnold Distinguished Professor of Law and Adjunct Professor of Political Science at the University of Wyoming, USA, since 2002. He has authored four scholarly books on Constitutional law and American legal thought, edited an anthology on law and religion, and written more than sixty articles and essay contributions on law, politics, and jurisprudence. 

Chapter 1: Introduction: Democracy, Inc., and the Betrayal of the Constitution 1Part I: The Foundation for a Balanced Structure 15Chapter 2: The Constitutional Framing: Republican Democracy, Private Property, and FreeExpression 15The Revolutionary Background 18Experience Defeats Idealism 22The Nature of the Citizen-Self 24Republican Democratic Government and the Public Sphere 30Property and the Private Sphere 33Balancing the Public and Private 44Free Speech and a Free Press 55Part II: The Transformation of the Constitutional System 63Chapter 3: Republican Democracy Evolves: Corporations and Laissez Faire 63Chapter 4: Pluralist Democracy Saves the United States and Invigorates Free Expression 80American Democracy Transforms: Reconciling the Public and Private 81Pluralist Democratic Theory: Free Expression Becomes a Constitutional Lodestar 94Chapter 5: Pluralist Democracy Evolves: Free Expression, Judicial Conservatism, and the ColdWar 97The Early-Cold War, Free Expression, and Moral Clarity 98The Flip Side of the Cold War: Liberty and Equality in an Emerging Consumers’Democracy 104Civil Rights and Democracy 104Capitalism and Democracy 109Chapter 6: Democracy, Inc., and the End of the Cold War 123The Rise of Democracy, Inc.: An Attack on Government 125The Early Roberts Court in Democracy, Inc. 139Statutory and Other Non-constitutional Cases 141Free-Expression and Other Constitutional Cases 144Part III: The Early and New Roberts Courts 153Chapter 7: Constitution Betrayed: The Endangerment of the American Democratic-CapitalistSystem 153The Framing and Originalism 154Social and Political Theory 158The Practical Effects of Laissez Faire in History 171Chapter 8: Will We Save the American Constitutional System? 175