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Compelling Assessment
Mark Levin, known to listeners of Sean Hannity as, "the great one," demonstrates the depth of his intellect, the range of his research, and the passion of his heart in "Men in Black." His premise is simple, yet vital: for decades the judicial branch of the government, the only unelected of the three, has increasing usurped its original purpose and powers.
His publishers say it well, "He shares jaw-dropping examples of judicial power grabs and liberal power plays by judges." Though vitriolic in style, his prolific documentation prevents this from being just another "the sky is falling tale."
For Levin the diagnosis is clear: will activist judges continue to write law rather than interpret the constitution? Less clear, and perhaps a weakness of "Men in Black," is the prognosis (what is likely to happen should this continue?) and the prescription (what could be done instead to rectify the situation?).
However, Levin fails to discuss the relationship between the court in the last fifty years and philosophical deconstructionism over the same time period. French philosophers Jacque Derrida and Michel Foucault, among others, helped to launch a movement that is anti-foundational by teaching that all language is socially constructed. Therefore, no text, be it the Christian Scriptures or the American Constitution, can be viewed as an authoritative foundation upon which to build a life or a nation. Instead, each new generation much give to these texts their own new meaning, rather than seeking to apply or derive any supposed original meaning or intent from those texts.
This is the "deeper diagnosis" of the current, post-modern legal dilemma. It leads to a "deeper prescription"-one that will take longer than most conservatives would wish. Foundationalists need to enter the intellectual arena of the elite academic institutions where most members of our three branches of government are educated. Armed with intellectual arguments, they must state their case for their belief in the original authorial intent of traditional documents, and they must make their case that those documents have served the test of time and therefore are worthy of trust.
Reviewer: Dr. Bob Kellemen, author of "Soul Physicians: A Theology of Soul Care and Spiritual Direction" and "Spiritual Friends: A Methodology of Soul Care and Spiritual Direction."
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