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Myth of the Imperial Judiciary
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"The Myth of the Imperial Judiciary" explores the anti-judicial ideological trend of the American Right. Mark Kozlowski first assesses the validity of the conservative view of Founding Fathers' intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which courts now determine our politics and the extent to which courts remain subject to political controls. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully to give meaning to constitutional promises.
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