Erwin Chemerinsky Knihy

Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation

Police are nine times more likely to kill African American men than other Americans, with nearly one in every thousand dying at the hands of an officer. Erwin Chemerinsky argues that this disparity is not accidental but stems from doctrines that allow police and courts to presume suspects, particularly people of color, guilty before charges are filed. While the focus on police violence and racism is growing, the blame often misplaces responsibility on law enforcement rather than on the courts, especially the Supreme Court. Chemerinsky presents a compelling history of judicial failure, illustrating how the Supreme Court has perpetuated racist practices such as profiling and intimidation while legitimizing excessive law enforcement actions that disproportionately harm people of color. For most of its history, the Supreme Court has favored police, rarely ruling against them unless conduct was egregious. Although the Warren Court of the 1950s and 1960s imposed significant constitutional limits on policing, this liberal era was short-lived, giving way to conservative justices whose rulings have facilitated practices like stop-and-frisks and restricted avenues for challenging police misconduct. Chemerinsky argues that meaningful reform in policing requires a court system committed to civil rights, making this work a vital contribution to discussions on racial inequality and reform.

In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.

The author argues that the US Constitution's flaws are fundamentally responsible for the current crisis in American democracy. Highlighting the rarity of amendments being passed, he suggests that the Constitution's "bad bones" have led to governmental dysfunction and public distrust. Chemerinsky proposes that a new constitutional convention could effectively replace the outdated framework, or alternatively, Americans might consider secessionist ideas to address deep divisions, potentially envisioning a structure similar to the European Union.