Book picks similar to
The Roberts Court: The Struggle for the Constitution by Marcia Coyle
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law
The Nine: Inside the Secret World of the Supreme Court
Jeffrey Toobin - 2007
An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.
Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices
Noah Feldman - 2010
A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.
The Burger Court and the Rise of the Judicial Right
Michael J. Graetz - 2016
It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review).When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).
American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia
Joan Biskupic - 2009
Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what’s inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia. Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is “the justice who has had the most important impact over the years on how we think and talk about the law,” as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it.Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one’s mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia’s adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia’s childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic’s careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it’s going, with Scalia helping to lead the charge.Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.
You Have the Right to Remain Innocent
James Duane - 2016
Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police—especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it’s also the advice law-enforcement professionals give their own kids.Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
The Mueller Report
Robert S. Mueller III - 2019
This investigation includes any possible links or coordination between Donald Trump's presidential campaign and the Russian government, "and any matters that arose or may arise directly from the investigation." The scope of the investigation reportedly includes potential obstruction of justice by Trump and others. The investigation, since it began on May 17, 2017, has been conducted by the United States Department of Justice Special Counsel's Office, headed by Robert Mueller, a Republican and former Director of the Federal Bureau of Investigation (FBI). This book chronicles the legal actions Mueller has taken against Trumps associates in the 2016 Presidential Elections.
We the Corporations: How American Businesses Won Their Civil Rights
Adam Winkler - 2018
Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.
Five Chiefs: A Supreme Court Memoir
John Paul Stevens - 2011
Douglas, whom Stevens succeeded, and Stephen Field have served on the Court for a longer time. In Five Chiefs, Justice Stevens captures the inner workings of the Supreme Court via his personal experiences with the five Chief Justices -- Fred Vinson, Earl Warren, Warren Burger, William Rehnquist, and John Roberts -- that he interacted with. He reminisces of being a law clerk during Vinson's tenure; a practicing lawyer for Warren; a circuit judge and junior justice for Burger; a contemporary colleague of Rehnquist; and a colleague of current Chief Justice John Roberts. Along the way, he will discuss his views of some the most significant cases that have been decided by the Court from Vinson, who became Chief Justice in 1946 when Truman was President, to Roberts, who became Chief Justice in 2005. Packed with interesting anecdotes and stories about the Court, Five Chiefs is an unprecedented and historically significant look at the highest court in the United States.
Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court
James MacGregor Burns - 2009
Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court
A Very Stable Genius: Donald J. Trump's Testing of America
Philip Rucker - 2020
They peer deeply into Trump's White House – at the aides pressured to lie to the public, the lawyers scrambling to clear up norm-breaking disasters, and the staffers whose careers have been reduced to ashes – to paint an unparalleled group portrait of an administration driven by self-preservation and paranoia. Rucker and Leonnig reveal Trump at his most unvarnished, showing the unhinged decision-making and incompetence that has floored officials and stunned foreign leaders. They portray unscripted calls with Vladimir Putin, steak dinners with Kim Jong-un, and calls with Theresa May so hostile that they left her aides shaken. They also take a hard look at Robert Mueller, Trump's greatest antagonist to date, and how his investigation slowly unravelled an administration whose universal value is loyalty – not to country, but to the president himself.
Let the People Pick the President: The Case for Abolishing the Electoral College
Jesse Wegman - 2020
Lawmakers have tried to amend or abolish it more than 700 times. To this day, millions of voters, and even members of Congress, misunderstand how it works. It deepens our national divide and distorts the core democratic principles of political equality and majority rule. How can we tolerate the Electoral College when every vote does not count the same, and the candidate who gets the most votes can lose?Twice in the last five elections, the Electoral College has overridden the popular vote, calling the integrity of the entire system into question—and creating a false picture of a country divided into bright red and blue blocks when in fact we are purple from coast to coast. Even when the popular-vote winner becomes president, tens of millions of Americans—Republicans and Democrats alike—find that their votes didn't matter. And, with statewide winner-take-all rules, only a handful of battleground states ultimately decide who will become president.Now, as political passions reach a boiling point at the dawn of the 2020 race, the message from the American people is clear: The way we vote for the only official whose job it is to represent all Americans is neither fair nor just. Major reform is needed—now. Isn't it time to let the people pick the president?In this thoroughly researched and engaging call to arms, Supreme Court journalist and New York Times editorial board member Jesse Wegman draws upon the history of the founding era, as well as information gleaned from campaign managers, field directors, and other officials from twenty-first-century Democratic and Republican presidential campaigns, to make a powerful case for abolishing the antiquated and antidemocratic Electoral College. In Let the People Pick the President he shows how we can at long last make every vote in the United States count—and restore belief in our democratic system.
Doing Justice: A Prosecutor's Thoughts on Crime, Punishment, and the Rule of Law
Preet Bharara - 2019
Using case histories, personal experiences and his own inviting writing and teaching style, Preet Bharara shows the thought process we need to best achieve truth and justice in our daily lives and within our society.Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, we must also acknowledge and allow for flaws in the system and in human nature. The book is divided into four sections: Inquiry, Accusation, Judgment and Punishment. He shows why each step of this process is crucial to the legal system, but he also shows how we all need to think about each stage of the process to achieve truth and justice in our daily lives. Bharara uses anecdotes and case histories from his legal career--the successes as well as the failures--to illustrate the realities of the legal system, and the consequences of taking action (and in some cases, not taking action, which can be just as essential when trying to achieve a just result). Much of what Bharara discusses is inspiring--it gives us hope that rational and objective fact-based thinking, combined with compassion, can truly lead us on a path toward truth and justice. Some of what he writes about will be controversial and cause much discussion. Ultimately, it is a thought-provoking, entertaining book about the need to find the humanity in our legal system--and in our society.
The Impeachers: The Trial of Andrew Johnson and the Dream of a Just Nation
Brenda Wineapple - 2019
Congress was divided over how the Union should be reunited: when and how the secessionist South should regain full status, whether former Confederates should be punished, and when and whether black men should be given the vote. Devastated by war and resorting to violence, many white Southerners hoped to restore a pre-Civil War society, just without slavery, and the pugnacious Andrew Johnson, who was no Lincoln, seemed to share their goals. With the unchecked power of executive orders, Johnson ignored Congress, pardoned rebel leaders, promoted white supremacy, opposed civil rights, and called Reconstruction unnecessary. Congress had to stop the American president who acted like a king.With her extensive research and profound insights, Brenda Wineapple dramatically restores this pivotal period in American history, when the country, on the heels of a brutal war, was rocked by the first-ever impeachment of a sitting American president. And she brings to vivid life the extraordinary characters who brought that impeachment forward: the willful Johnson and his retinue of advocates--including complicated men like Secretary of State William Seward--as well as the equally complicated visionaries committed to justice and equality for all, like Thaddeus Stevens, Charles Sumner, Frederick Douglass, and Ulysses S. Grant. Theirs was a last-ditch, patriotic, and Constitutional effort to render the goals of the Civil War into reality and to make the Union free, fair, and whole.
The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals
Jane Mayer - 2008
The radical decisions about how to combat terrorists and strengthen national security were made in a state of utter chaos and fear, but the key players, Vice President Dick Cheney and his powerful, secretive adviser David Addington, used the crisis to further a long held agenda to enhance Presidential powers to a degree never known in U.S. history, and obliterate Constitutional protections that define the very essence of the American experiment.The Dark Side is a dramatic, riveting, and definitive narrative account of how the United States made terrible decisions in the pursuit of terrorists around the world-- decisions that not only violated the Constitution to which White House officials took an oath to uphold, but also hampered the pursuit of Al Qaeda. In gripping detail, acclaimed New Yorker writer and bestselling author, Jane Mayer, relates the impact of these decisions—U.S.-held prisoners, some of them completely innocent, were subjected to treatment more reminiscent of the Spanish Inquisition than the twenty-first century.The Dark Side will chronicle real, specific cases, shown in real time against the larger tableau of what was happening in Washington, looking at the intelligence gained—or not—and the price paid. In some instances, torture worked. In many more, it led to false information, sometimes with devastating results. For instance, there is the stunning admission of one of the detainees, Sheikh Ibn al-Libi, that the confession he gave under duress—which provided a key piece of evidence buttressing congressional support of going to war against Iraq--was in fact fabricated, to make the torture stop.In all cases, whatever the short term gains, there were incalculable losses in terms of moral standing, and our country's place in the world, and its sense of itself. The Dark Side chronicles one of the most disturbing chapters in American history, one that will serve as the lasting legacy of the George W. Bush presidency.
The Soul of America: The Battle for Our Better Angels
Jon Meacham - 2018
Painting surprising portraits of Lincoln and other presidents, including Ulysses S. Grant, Theodore Roosevelt, Woodrow Wilson, Franklin D. Roosevelt, Harry S. Truman, Dwight Eisenhower, and Lyndon B. Johnson, and illuminating the courage of such influential citizen activists as Martin Luther King Jr., early suffragettes Alice Paul and Carrie Chapman Catt, civil rights pioneers Rosa Parks and John Lewis, First Lady Eleanor Roosevelt, and Army-McCarthy hearings lawyer Joseph N. Welch, Meacham brings vividly to life turning points in American history.He writes about the Civil War, Reconstruction, and the birth of the Lost Cause; the backlash against immigrants in the First World War and the resurgence of the Ku Klux Klan in the 1920s; the fight for women's rights; the demagoguery of Huey Long and Father Coughlin and the isolationist work of America First in the years before World War II; the anti-Communist witch hunts led by Senator Joseph McCarthy; and Lyndon Johnson's crusade against Jim Crow. Each of these dramatic hours in our national life have been shaped by the contest to lead the country to look forward rather than back, to assert hope over fear — a struggle that continues even now.While the American story has not always — or even often — been heroic, we have been sustained by a belief in progress even in the gloomiest of times. In this inspiring book, Meacham reassures us, "The good news is that we have come through such darkness before" — as, time and again, Lincoln's better angels have found a way to prevail.