Synopsis
A non-lawyer's guide to the worst Supreme Court decisions of the modern era.
The Dirty Dozen takes on twelve Supreme Court cases that changed American history-and yet are not well known to most Americans.
Starting in the New Deal era, the Court has allowed breathtaking expansions of government power that significantly reduced individual rights and abandoned limited federal government as envisioned by the founders.
For example: . Helvering v. Davis (1937) allowed the government to take money from some and give it to others, without any meaningful constraints . Wickard v. Filburn (1942) let Congress use the interstate commerce clause to regulate even the most trivial activities-neither interstate nor commerce . Kelo v. City of New London (2005) declared that the government can seize private property and transfer it to another private owner
Levy and Mellor untangle complex Court opinions to explain how The Dirty Dozen harmed ordinary Americans. They argue for a Supreme Court that will enforce what the Constitution actually says about civil liberties, property rights, racial preferences, gun ownership, and many other controversial issues.
Biography
Robert A. Levy is senior fellow in constitutional studies at the Cato
Institute. He has written for The New York Times, The Wall Street Journal,
The Washington Post, and many other publications. William Mellor is the
president and general counsel of the Institute for Justice. He litigates
constitutional cases involving economic liberty, property rights, school
choice, and free speech.
Table of Contents
Foreword Richard A. Epstein xiii
Introduction 1
Expanding Government
Promoting the General Welfare 19
The Dirty Dozen List: Helvering v. Davis (1937)
Dishonorable Mention: United States v. Butler (1936)
Regulating Interstate Commerce 37
The Dirty Dozen List: Wickard v. Filburn (1942)
Dishonorable Mention: Gonzales v. Raich (2005)
Rescinding Private Contracts 50
The Dirty Dozen List: Home Building & Loan Association v. Blaisdell (1934)
Dishonorable Mention: Gold Clause Cases (1935)
Lawmaking by Administrative Agencies 67
The Dirty Dozen List: Whitman v. American Trucking Associations, Inc. (2001)
Eroding Freedom
Campaign Finance Reform and Free Speech 89
The Dirty Dozen List: McConnell v. Federal Election Commission (2003)
Dishonorable Mention: Buckley v. Valeo (1976)
Gun Owners' Rights 107
The Dirty Dozen List: United States v. Miller (1939)
Civil Liberties Versus National Security 127
The Dirty Dozen List: Korematsu v. United States (1944)
Asset Forfeiture Without Due Process 143
The Dirty Dozen List: Bennis v. Michigan (1996)
Eminent Domain for Private Use 155
The Dirty Dozen List: Kelo v. City of New London (2005)
Dishonorable Mention: Berman v. Parker (1954)
Taking Property by Regulation 169
The Dirty Dozen List: Penn Central TransportationCo. v. New York (1978)
Dishonorable Mention: Tahoe-Sierra Preservation Council, Inc., v. Tahoe
Regional Planning Agency (2002)
Earning an Honest Living 181
The Dirty Dozen List: United States v. Carolene Products (1938)
Dishonorable Mention: Nebbia v. New York (1934)
Equal Protection and Racial Preferences 198
The Dirty Dozen List: Grutter v. Bollinger (2003)
Dishonorable Mention: Regents of the University of California v. Bakke
(1978)
Afterword: Judicial Activism and Tomorrow's Supreme Court 215
Roe v. Wade (1973) 225
Bush v. Gore (2000) 229
Acknowledgments 233
The Constitution of the United States of America 235
Table of Cases 255
Notes 261
Index 291