Reviews
Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter--the most overrated justices in our history--had not the foggiest notion of the Constitution., An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues., "An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."- Kirkus Reviews "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."-Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."-David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power, "Damon Root…traces the differences between judicial conservatives and libertarians, and advances the libertarians' cause… Overruled is a sober, well-researched, and thoughtful case for the libertarian point of view on judicial issues." - Washington Monthly "…The most thorough account of the libertarian-conservative debate over judicial review…a valuable guide to both the past and the potential future of these important issues." - The Washington Post "Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter-the most overrated justices in our history-had not the foggiest notion of the Constitution."- Wall Street Journal "An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."- Kirkus Reviews "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."-Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."-David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power, Damon Root...traces the differences between judicial conservatives and libertarians, and advances the libertarians' cause... Overruled is a sober, well-researched, and thoughtful case for the libertarian point of view on judicial issues., "…The most thorough account of the libertarian-conservative debate over judicial review…a valuable guide to both the past and the potential future of these important issues." - The Washington Post "Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter-the most overrated justices in our history-had not the foggiest notion of the Constitution."- Wall Street Journal "An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."- Kirkus Reviews "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."-Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."-David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power, I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty., "Damon Root...traces the differences between judicial conservatives and libertarians, and advances the libertarians' cause... Overruled is a sober, well-researched, and thoughtful case for the libertarian point of view on judicial issues." -- Washington Monthly "...The most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues." -- The Washington Post "Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter--the most overrated justices in our history--had not the foggiest notion of the Constitution." -- Wall Street Journal "An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues." -- Kirkus Reviews "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -- P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -- Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow." -- Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty." -- David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power, A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book., "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."-Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."-David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power, ...The most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues., Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow., In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all., "Confident, competent telling. In particular, [Root] powerfully illustrates that Holmes, Brandeis and Frankfurter-the most overrated justices in our history-had not the foggiest notion of the Constitution."- Wall Street Journal "An intriguing account of judicial and economic policy reflecting controversies within conservatism over civil rights and other issues."- Kirkus Reviews "In Overruled , Damon Root explains a divide in judicial theory about which I was not only ignorant but mistaken. 'Judicial activism' is wrong. Right? It gives unelected authorities minority power to impose rules and regulations that violate individual rights without a democratic process. Wrong. It's 'judicial deference' that gives elected authorities majority power to impose rules and regulations that violate individual rights within a democratic process. And to further confuse the issue judicial activism and judicial deference have, by turns, been the darlings of both Liberals and Conservatives. Fortunately, Damon Root explains it all." -P. J. O'Rourke, journalist and H. L. Mencken Research Fellow at the Cato Institute "A riveting account of the raging debate over the future of our Constitution between those who contend that judges must 'defer' to legislatures and those who view the judiciary as an equal branch of government whose mandate is to secure the rights and liberties of the people by holding government to its just powers. Root reveals the inside story behind the surging movement to restore constitutionally-limited government. I loved this book." -Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center, and Director, Georgetown Center for the Constitution "Damon Root, whom I have had the pleasure of interrogating on television, understands the concept of personal liberty in a free society better than many members of the legal profession; and he knows, too, that the Constitution was written by men who properly feared the numerous insidious ways that government assaults our natural rights. In Overruled , he shares his knowledge and uncanny ability to explain liberty lost with his readers. This book is nothing short of a lucid and brilliantly crafted history of the Framers' fears coming to pass at the hands of a judiciary faithless to first principles. Read it today so you can anticipate and understand the judicial contortions coming tomorrow."-Hon. Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel, Distinguished Visiting Professor of Constitutional Jurisprudence, Brooklyn Law School "I not only learned a lot from Damon Root's rich and compelling analysis of the clash between the warring legal traditions but was thoroughly entertained along the way. Exploring the full sweep of American history, Root describes a division that not only transcends left and right but is now threatening to lead to a public showdown between conservatives and those who emphasize the protection of individual liberty."-David T. Beito, professor of history at the University of Alabama and co-author of Black Maverick: T.R.M. Howard's Fight for Civil Rights and Economic Power