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Reinterpreting the Constitution

How the Supreme Court Changes the Law
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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.
Edward F. Mannino is lawyer and historian.
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?
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