The Tempting of America : Book Review

"The Tempting of America: The Political Seduction of the Law" by Robert H. Bork is a highly thought-provoking book that takes a deep dive into the evolution of American law and the role of the judiciary system. Bork, a respected conservative legal scholar and former Supreme Court nominee, argues that the judiciary has expanded its power and strayed from its intended purpose, effectively becoming a legislative force. He raises crucial questions about the influence of liberal activism on court decisions and highlights the negative consequences of this shift.

A central argument in the book is that the Supreme Court has moved away from its original mandate of interpreting the Constitution and has instead engaged in political policymaking. Bork asserts that this judicial activism undermines the democratic process by overriding legislative decisions and essentially rewriting the law. He supports his claims with historical analysis and legal reasoning, forming a compelling case for the need to restrict the court's power.

To strengthen his overall thesis, Bork examines specific cases and legal controversies such as abortion, the exclusionary rule, freedom of speech, and affirmative action. Through his incisive analysis and extensive research, he offers a fresh perspective on these contentious topics, shedding light on the complex legal considerations involved.

Bork's writing style is clear and concise, making complex legal concepts accessible to a broad audience. He skillfully combines historical references, philosophical arguments, and personal anecdotes to engage readers and present his ideas in a captivating manner. Regardless of one's alignment with Bork's conservative views, "The Tempting of America" provides valuable insights into the American legal system and the potential dangers of judicial overreach.

In summary, "The Tempting of America" by Robert H. Bork is an incredibly thought-provoking book that challenges conventional beliefs regarding the role of the judiciary in American society. Bork constructs a compelling argument against judicial activism and offers valuable insights into its impact on democracy. With a well-researched and accessible analysis, this book is a must-read for anyone interested in the intricate relationship between law, politics, and society.

What are readers saying?

Robert H. Bork's book, "The Tempting of America," published in 1990, elicited a range of responses from readers. Bork's exploration of the expansion of individual rights and the erosion of traditional values in America was met with both appreciation and criticism. While some readers commended Bork's conservative viewpoints and intellectual analysis, others found his arguments unconvincing and overly partisan.

Positive reviews emphasized Bork's profound understanding of constitutional law and his robust defense of originalism. Readers found his analysis of significant Supreme Court cases and his critique of judicial activism to be thought-provoking and informative. Many appreciated his argument that the Court should interpret the Constitution as it was originally intended to prevent arbitrary changes to the law.

Nevertheless, numerous reviewers expressed reservations about Bork's arguments and conclusions. Some felt that he relied excessively on personal biases and did not present a balanced viewpoint. Critics accused him of selectively choosing evidence and disregarding alternative interpretations of the Constitution, which weakened the strength of his arguments. Additionally, they found Bork's writing style to be dry and lacking clarity, impeding full engagement with his ideas.

Furthermore, a few readers expressed concern that Bork's views were regressive and disconnected from the evolving social and cultural landscape of America. They believed his stances on issues such as abortion, civil rights, and privacy rights were overly conservative and posed a threat to individual liberties. These readers disagreed with Bork's premise that a return to traditional values would be advantageous for the country.

In conclusion, Robert H. Bork's "The Tempting of America" received mixed reviews. While some readers admired his profound knowledge of constitutional law and his defense of originalism, others found his arguments unconvincing, overly partisan, and out of touch with modern societal values. The perception of the book largely depended on readers' own political and philosophical leanings.

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