Men in Black: How the Supreme Court Is Destroying America (U)

Conservative talk radio host, lawyer, and frequent National Review contributor Mark R. Levin comes out firing against the United States Supreme Court in Men in Black, accusing the institution of corrupting the ideals of America's founding fathers. The court, in Levin's estimation, pursues an ideology-based activist agenda that oversteps its authority within the government. Levin examines several decisions in the court's history to illustrate his point, beginning with the landmark Marbury v. Madison case, wherein the court granted itself the power to declare acts of the other branches of government unconstitutional. He devotes later chapters to other key cases culminating in modern issues such as same-sex marriage and the McCain-Feingold campaign finance reform bill. Like effective attorneys do, Levin packs in copious research material and delivers his points with tremendous vigor, excoriating the justices for instances where he feels strict const! itutional constructivism gave way to biased interpretation. But Levin's definition of "activism" seems inconsistent. In the case of McCain-Feingold, the court declined to rule on a bill already passed by congress and signed by the president, but Levin, who thinks the bill violates the First Amendment, still accuses them of activism even when they were actually passive. To his talk-radio listeners, Levin's hard-charging style and dire warnings of the court's direction will strike a resonant tone of alarm, though the hyperbole may be a bit off-putting to the uninitiated. As an attack on the vagaries of decisions rendered by the Supreme Court and on some current justices, Men in Black scores points and will likely lead sympathetic juries to conviction. --John Moe.