The premise of this fascinating study is that judicial sobriety has been underappreciated in scholarship and commentary on the Supreme Court, and that this underappreciation has led to a devaluation of certain justices. The five justices treated in this book-Nathan Clifford, Stanley Matthews, Edward White, Fred M. Vinson, and Antonin Scalia-have all exercised sobriety on the bench, and all have consequently been dealt with unjustly. These judges realized that judicial sobriety begins with a recognition that law and politics are distinct and separate enterprises. The authors assert that a good and sober judge goes only about the business of applying the Constitution and the laws in cases and controversies before him, and does not attempt to apply creative jurisprudence. Sober as a Judge will prove to be an essential volume for scholars of political science, history, and law.
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About the Author
Richard G. Stevens is Professor of Political Science at the Institute of World Politics. He is the author of The American Constitution and Its Provenance.Matthew J. Franck is Chair and Associate Professor of Political Science at Radford University. He is the author of Against the Imperial Judiciary.
Table of Contentschapter 1 Foreword: The President, the Senate, and Judicial Appointments chapter 2 Preface chapter 3 Acknowledgments chapter 4 Introduction: The Sober Justices, Guardians of Republican Liberty chapter 5 Judicial Sobriety: Nathan P. Clifford chapter 6 Due Process of Law: Stanley Matthews chapter 7 Constitutional Jurisprudence at the Crossroads: Edward Douglass White chapter 8 The Last Justice Without a Theory: Fred M. Vinson chapter 9 Steady, Upright, and Impartial Administration of the Laws: Antonin Scalia chapter 10 Staying Clean and Sober: The Future of the Supreme Court chapter 11 Notes chapter 12 Index to Cases chapter 13 Index