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Index
Cover
Title Page
Copyright Page
Contents
Introduction: A Rebellion against the Monarchy
In the Beginning . . .
A Suicide Pact
Corporate America Seizes the Court
Part One: The Hidden History of Judicial Review
The Founders’ Vision
The Glue That Binds Us Together
A Bold Experiment
Debating the Supreme Court
Where Does the New Buck Stop?
The Power Grab
Whoever Controls the Law Controls the Country
Jefferson: “The People Themselves”
Who Decides What the Constitution Means?
The Powell Memo and the Court
Partisan Politics in “Original Intent”
Originalism Is Joined by Textualism
One True Spokesman
Clear Preferences versus Ambiguities
The Corruption of the Court Itself
Fossil Fuels Seize the Court
Right-Wing Takeover and Corporate Handouts
The Constitution Afflicts the Afflicted and Comforts the Comfortable
The Constitution Protects Property and Its Owners
The Constitution Protects Killers and Slave Owners
The Constitution Prefers Property Rights to Human Rights
The Constitution Protects Takers, Not the Taken
Part Two: The Hidden History of the People and the Court
The Supreme Court versus Labor
Haymarket and Allgeyer: The Public Turns against Labor and the Court Follows
The Great Depression: The Public Embraces Labor and the Supreme Court Follows
FDR Tries to Pack the Supreme Court
The Court Devastates Union Rights
The Supreme Court versus Civil Rights
“Separate but Equal”: Created by the Court, Ended through Popular Struggle
The Road to Plessy
Charles Houston and the Long Slog to End Jim Crow
Brown: The Supreme Court Overrules Itself
How Roe Empowered the Right
The Supreme Court and the Environment
Local Zoning Law as Early Environmental Law
Protecting the Environment Goes Federal
The Planet’s Future on Trial
In Nature’s Trust
Our Children’s Trust
A New Hurdle to Climate Justice
How Communities Fight Back
How Idealogues and Partisans Seized the Court: From Nixon to Trump
Reagan and the Court
George H. W. Bush Avoids Prosecution
George W. Bush and the Court
An Astroturf Resistance in Florida
Trump and the Court
If We’d Had Clean Elections
Part Three: To Save the Planet, Democratize, and Modernize the Supreme Court
Regulating the Number of Justices on the Court
Term Limits
Cameras in the Courtroom
The Constitutional Amendment Remedy for an Out-of-Control Court
The Last Resort: Strip the Courts
The Roberts Plan to Strip the Courts
Court Stripping in the 20th Century
A Planetary Emergency
Taking Democracy Back from the Court
Notes
Acknowledgments
Index
About the Author
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