The Tempting of America
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The Tempting of America

3.93 of 5 stars 3.93  ·  rating details  ·  209 ratings  ·  24 reviews
Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law.
Paperback, 448 pages
Published January 1st 1997 by Free Press (first published 1989)
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Atlas Shrugged by Ayn RandAfterTastes and Tales from Russia by Jake DanishevskyThe Tempting of America by Robert H. BorkRight from the Beginning by Patrick J. BuchananThe Road to Serfdom by Friedrich Hayek
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Werner
Mar 02, 2012 Werner rated it 4 of 5 stars
Recommends it for: Anyone interested in American government and public policy
Shelves: other-nonfiction
The development, over a period of thousands of years, of democracy --the idea that the people of a nation should ultimately rule themselves through laws made by elected representatives responsible to them-- has to rank as one of the major achievements of Western civilization. It's closely related to a second major Western achievement: the concept of the rule of law, the idea that law is binding on everybody and that the powerful can't simply ignore or defy it whenever they want to. And since the...more
Rex Libris
In this work Judge Bork examines how law is corrupted when judges allow political and personal value preferences to substitute themselves for the original intentions founded in the constitution. In disregard the constitution, we lose the rule of law and replace it with the rule of men. The rule of men leads ultimately to a collapse in the basis of law, as it simply becomes what whatever any judge wants it to be that day.

Bork gives a history of different periods in the life of the courts where ju...more
Vivencio
never thought i'd relish reading a book i was so prepared to dislike. would never look at 'substantive due process' and the 'equal protection clause' with the same reverential attitude i acquired from those long ago constitutional law classes.
Doug May
Very revealing insights into the confirmation debacle that I personally listened to from gavel to gavel. The late Edward Kennedy and Joe Biden are exposed for the rogue and bafoon the respectively was/is.
Charles Blumberg
Should be required reading for every political science, us gov't, and law student. Part I and III are a good read...Part II is a little more tedious and harder to read for someone from a non-legal background.
Thomas Bundy
Unbelievable book. Best I have read on Constitutional law.
Steven
Complaints? This book is a heavy, intellectual read, not for the faint of heart. It merits attention and study--but it will reward your efforts ten-fold.

Now for the good stuff: After I read Bork's book, I told fellow law students there were few law school courses I would not trade for it. I only wish I had read it before sitting through Constitutional Law.

Yet the book would be worth the reading for anyone interested in the law. It is likely the most complete and well-reasoned statement of the...more
Shad
Judge Bork did a good job of showing the intellectual dishonesty the Court and others have exercised with regard to the Constitution and its interpretation. Personally, I think textualism is superior to originalism, largely due to the difficulty of discerning the intent of those who enacted legislation or ratified the Constitution because the only thing that can usually said to have been definitely agreed upon is the actual text adopted and not what ratifiers or legislators thought about it. How...more
Brandon Zaffini
This book is perfect for those seeking a potent defense of the originalist approach to the Constitution. Bork lays out the relevant theory, then applies it to Supreme Court cases down through the years. He also confronts opposing arguments from both the left and right--he eschews results-driven approaches to the Constitution, irregardless of whether they are supported from conservatives or liberals. Last, Bork details the circumstances and arguments surrounding his nomination to the Supreme Cour...more
Andrea
This is the HARDEST book I have ever tried to read and the back cover said it was the most understandable book ever written on the law. I gave up but I did learn some interesting things before I did. I learned that the high courts decision in Roe vs. Wade was not based on an explicit constitutional right but was distorted from the right to privacy. The author, a high judge in Washington D.C, claims that the courts are to interpret the Constitution not make laws. The laws should be made by the Le...more
Dennis
I thought that this book was a well-thought out defense of originalism and the right of people to take a wide range of action through the democratic processes. I ultimately disagree with his philosophy, but it is important for people to read good arguments for originalism so they understand what it is and what it is not. I thought that the book was a tad under-sourced and tended to only source pronouncements that the author agreed. Thus, it was less scholarly that I would have liked, but this is...more
Chris Hunt
What an excellent book on the history of the Supreme Court seen through the eyes of someone who, though eminently qualified, was rejected from serving on said court by the Democrats in 1987. There is nothing but objective history here. You'll find no resentment coming from this man in this great work.

In this book, Bork discusses many landmark decisions throughout the history of the High Court and the implications these decisions have had on American history. Only problem is that this book is rat...more
Skip
Judge Bork outlines his concept of the judicail doctrine commonly called "Original Understanding" and the dangers inherent in judicial reasoning that is results oriented as opposed to the application of original principles and logic to the problem at hand with the result flowing from problem to solution as opposed to backward from desired political result. Dry reading that would only appeal to lawyers, judges or students of the law and politics.
Aaron Jordan
Best exposition of originalism. Bork shows that if you abandon originalism, you must also abandon the separation of powers. A thoughtful, brilliant work, even if you disagree with his argument.
John Peebles
An important book about a bad view of Constitutional theory. Bork is the best advocates of the school of originalist interpretation of the constitution.
Robert
I read this book based on a recommendation from a lawyer friend. I am not aware of the cases / constitution to really appreciate Bork and his views.
Tjarman
Great book that shows the importance of having judges who apply the law and do not create it.
Shar
I found this quite interesting at first...but, after a while...hum. (I'm glad it is you, Jeff)
Ronald
Simply a masterpiece. One of the reasons I went to law school.
Michael
scholarly look at constitutional law, also details his hearings
Christa Levko
Disgustingly conservative
Brian
A must read for anyone who wants to understand the nuts and bolts of our political battles over judges and the Supreme Court. Agree with him or not, you will understand the issues much better.
Myron
Strict construction of the US Constitution is a principle that is dying. Positivists on the bench are nullifying the values of the country's founding and usurping the States who are the only rightful amenders. A good read to law and government students and cultural documentarians.
Teddee
partially read
Chrystal Jerin
Chrystal Jerin marked it as to-read
Jul 19, 2014
Michelle
Michelle marked it as to-read
Jul 17, 2014
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Matthew A. marked it as to-read
Jul 14, 2014
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Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American legal scholar who advocated the judicial philosophy of originalism. Bork served as a Yale Law School professor, Solicitor General, Acting Attorney General, and a judge of the United States Court of Appeals for the District of Columbia Circuit. In 1987, he was nominated to the Supreme Court by President Ronald Reagan, but the Sen...more
More about Robert H. Bork...
Slouching Towards Gomorrah: Modern Liberalism and American Decline Coercing Virtue: The Worldwide Rule of Judges Antitrust Paradox: A Policy at War with Itself A Country I Do Not Recognize: The Legal Assault on American Values A Time to Speak: Selected Writings and Arguments

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