The New Roberts Court, Donald Trump, and Our Failing Constitution

  • Stephen M. Feldman

Table of contents

  1. Front Matter
    Pages i-x
  2. The Foundation for a Balanced Structure

  3. The Transformation of the Constitutional System

  4. The Early and New Roberts Courts

    1. Front Matter
      Pages 197-197
    2. Stephen M. Feldman
      Pages 227-257
  5. Back Matter
    Pages 259-274

About this book


This book traces the evolution of the constitutional order, explaining Donald Trump’s election as a symptom of a degraded democratic-capitalist system. Beginning with the framers’ vision of a balanced system—balanced between the public and private spheres, between government power and individual rights—the constitutional order evolved over two centuries until it reached its present stage, Democracy, Inc., in which  corporations and billionaires wield herculean political power. The five conservative justices of the early Roberts Court, including the late Antonin Scalia, stamped Democracy, Inc., with a constitutional imprimatur, contravening the framers’ vision while simultaneously claiming to follow the Constitution’s original meaning. The justices believed they were upholding the American way of life, but they instead placed our democratic-capitalist system in its gravest danger since World War II. With Neil Gorsuch replacing Scalia, the new Court must choose: Will it follow the early Roberts Court in approving and bolstering Democracy, Inc., or will it restore the crucial balance between the public and private spheres in our constitutional system?


Politics Supreme Court Democracy Economic Policy Judicial System Legislation Court Policy Scalia Finance Progressivism Constitution Laissez Faire Citizens United

Authors and affiliations

  • Stephen M. Feldman
    • 1
  1. 1.College of LawUniversity of WyomingLaramieUSA

Bibliographic information