Reinterpreting the Constitution: How the Supreme Court Changes the Law

In the Senate Confirmation Hearings on his nomination, Chief Justice John Roberts memorably stated that he believed that the proper role of judges is "to call balls and strikes," an analogy repeated by Justice Kavanaugh in his hearings. This book makes clear, however, that the justices have often changed the strike zone. They have overruled past precedent, significantly expanded or limited prior rulings, created new constitutional rights such as that protecting same-sex marriage, while striking down constitutional rights recognized for many years, including a woman's right to choose an abortion. The book carefully reviews some 200 cases, highlighting what the justices themselves have said in explaining their rulings. It also notes how the dissenting opinions are particularly valuable in explaining the dissenters' often accurate contentions that some decisions significantly changed prior precedent. The book begins with cases decided in the 19th and 20th centuries to give the background of the constitutional issues discussed, but the overall focus is on 21st-century decisions since they have accelerated changes in constitutional law.

Table of Contents:
Introduction Chapter 1: Free Speech Chapter 2: Free Exercise of Religion Chapter 3: Establishment of Religion Chapter 4: Unlawful Searches and Seizures Chapter 5: Race Chapter 6: The Right to Bear Arms Chapter 7: Cruel and Unusual Punishment Chapter 8: Property Rights Chapter 9: The Commerce Clause and the Taxing Power Chapter 10: Same-Sex Marriage Chapter 11: Abortion Chapter 12: Limiting Immigration Conclusion: Whither Goes the Court?

About the Author :
Edward F. Mannino is lawyer and historian.

Review :
In this new offering, Mannino, a lawyer and historian, presents a contemporary take on the Supreme Court and its recent jurisprudence. The book represents a major undertaking, covering more than 200 cases on subjects such as free speech, race, the right to bear arms, abortion, same-sex marriage, and property rights. Mannino notes that the contemporary Court has often changed the interpretation of rights or created new rights where none existed. The book also traces how the Court has overruled precedent, affecting the lives of Americans. Overall, and unlike many other current accounts of the Supreme Court, Mannino’s book is fairly evenhanded and balanced. Mannino does not include much commentary in his overview and lets the justices speak for themselves. This is a refreshing approach and allows readers to evaluate the Court’s decisions themselves. The volume is an excellent overview of the contemporary Court and should be a useful resource for practitioners and novices alike. Highly recommended. General readers through faculty; professionals. What Edward F. Mannino has done with this book is new and important. It is of immense value, primarily to legal scholars, but also to practitioners and interdisciplinary observers, including journalists and political scientists. Reinterpreting the Constitution is the first compendium of modern US Supreme Court rulings since the Court came to be dominated by a conservative supermajority of justices.