Synopses & Reviews
Nearly everyone agrees that we have made a mess of the constitutional process for selecting Supreme Court Justices, cabinet officers, and other top federal officials. From the bitter battle over the nomination of Robert Bork in 1987 to the Nanny Problem that trapped so many potential public servants in 1993, we have developed a system in which the only way to defeat a nominee is to prove that he or she is "disqualified" which means, in practice, finding a way to convince the public that the individual is a dangerous radical or has engaged in scandalous misconduct.
In a lively and brilliantly argued work, Stephen L. Carter tells what's wrong with our confirmation process, explains how it got this way, and suggests what we can do to fix it. He reviews the most notorious recent confirmation battles Robert Bork, Clarence Thomas, Lani Guinier, among many others and puts them into historical context, reminding us of the bitter attacks on such nominees as Louis Brandeis and Thurgood Marshall. Carter points out that with our current system, "we talk little about a nominee's qualifications. Instead, today's hearings, when anybody pays attention, are mostly about disqualifications." Our confirmation battles will continue to be bloody until we develop a more balanced attitude toward public service and the Supreme Court and come to recognize that human beings have flaws, commit sins, and can be redeemed.
Carter's first two books were widely discussed and debated everywhere from the White House to Mirabella, from the New Republic to the New York Times. One of this country's leading constitutional scholars, Carter is particularly adept at offering a new perspective on issues that have split the country along liberal/conservative lines: affirmative action, religion in public life, and, now with this new book, the federal appointments process.
Review
"The abuse heaped on Marshall, Bork, and, more recently, Lani Guinier is a stark reminder that the whole process deserves our attention." Library Journal
Review
"In diagnosing the problem, Mr. Carter shows a lot of good sense....But some of Mr. Carter's solutions seem tepid, and others a bit peculiar." Cass R. Sunstein, The New York Times Book Review
Review
"[The author] has added...[another] provocative and thoughtful essay to his canon on modern American culture and politics. With neither a liberal nor conservative bias, he examines the problems associated with the process of nominating and confirming federal executive and judicial officers....Highly recommended." Choice
Review
"This marvelous monograph chronicles how the politics of federal appointments went awry and why it will be hard to set aright. Every reader will learn from Carter's accessible analyses of problems and deft critique of proposals.Every library, individual and institutional, will be adorned by this timely, pithy volume." William Haltom, Political Science Quarterly
Synopsis
The provocative author of The Culture of Disbelief and Reflections of an Affirmative Action Baby sheds new light on the process that brought us such public spectacles as the Clarence Thomas hearings and the Lani Guinier fiasco.
Table of Contents
I. Borking for fun and profit -- II. Governing instead of gossiping.