Document Type

Book Review

Publication Date

1990

Publication Information

81 Soc. Just. Rev. 214 (1990) (book review).

Abstract

THE TEMPTING OF AMERICA by Robert Bork. New York: The Free Press/Macmillan, 1990. Hdbd: pp. xiv-432.

In the concluding third of The Tempting of America Robert Bork recounts his unsuccessful fight to gain Senate confirmation to the Supreme Court.

Bork relates his war story to the rest of the book. In the first two-thirds of Tempting, he takes us on a grand tour of the Constitution's career, starting in the courts with Chief Justice John Marshall, on through the Civil War, Reconstruction, and New Deal eras. He finishes with a detailed examination of the Warren, Burger and Rehnquist Courts. In Part Two he takes on the "theorists," most of them legal academics. Along the way Bork spells out his own normative jurisprudence of "original understanding," defends it against its rivals, and refutes them all.

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