Keith E. Whittington – författare

Why colleges and universities live or die by free speechFree speech is under attack at colleges and universities today, as critics on and off campus challenge the value of freewheeling debate. In Speak Freely, Keith Whittington argues that universities must protect and encourage vigorous free speech because it goes to the heart of their mission to foster freedom of thought, ideological diversity, and tolerance. Examining hot-button issues such as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, and the use of social media by faculty, Speak Freely describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why universities must make space for voices from both the Left and Right. And it points out how better understanding why the university lives or dies by free speech can help guide students, faculty, administrators, and alumni when faced with unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely shows why universities can succeed only by fostering more free speech, more free thought—and a greater tolerance for both.

An essential primer on impeachment for today’s divided public squareWe are witnessing an unprecedented moment in American politics in which impeachments are increasingly common. In today’s partisan environment, it is more vital than ever that government officials, scholars, and ordinary citizens understand what an impeachment can reasonably be expected to accomplish. In this incisive and accessible book, Keith Whittington provides needed clarity on the constitutional power of impeachment, explaining why it exists and how it should be used to preserve American democracy.Drawing insights from American and British history, congressional practice, and the language of the Constitution itself, Whittington shows how impeachment is a tool for checking abuses of elective office and defending constitutional norms. While we have come to associate impeachment with the presidency, it can be used to remedy gross misconduct by an array of officers of the federal government. Whittington cautions against abusing this immense and consequential power to settle political scores, demonstrating how it undermines the independence of the branches and makes Congress the seat of political power.Required reading for the informed citizen, The Impeachment Power argues that impeachment is ultimately a political instrument and gives us the perspective we need to recognize when an impeachment might be useful and when we are better served by looking for alternative ways to solve our political problems.

Winner: Thomas M. Cooley Book Prize

Choice Outstanding Academic Title

When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review.

A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable.

The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.

Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court''s justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution.Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court''s power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.