Book picks similar to
M'Culloch V. Maryland: Securing a Nation by Mark Robert Killenbeck
supreme-court
law
grad-school
history
Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck
Adam Cohen - 2016
Bell ruling made government sterilization of "undesirable" citizens the law of the land. New York Times bestselling author Adam Cohen tells the story in Imbeciles of one of the darkest moments in the American legal tradition: the Supreme Court's decision to champion eugenic sterilization for the greater good of the country. In 1927, when the nation was caught up in eugenic fervor, the justices allowed Virginia to sterilize Carrie Buck, a perfectly normal young woman, for being an "imbecile." It is a story with many villains, from the superintendent of the Dickensian Virginia Colony for Epileptics and Feebleminded who chose Carrie for sterilization to the former Missouri agriculture professor and Nazi sympathizer who was the nation's leading advocate for eugenic sterilization. But the most troubling actors of all were the eight Supreme Court justices who were in the majority--including William Howard Taft, the former president; Louis Brandeis, the legendary progressive; and Oliver Wendell Holmes, Jr., America's most esteemed justice, who wrote the decision urging the nation to embark on a program of mass eugenic sterilization
Clarence Thomas and the Lost Constitution
Myron Magnet - 2019
He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people's representatives with rules made by highly educated, modern, supposedly nonpartisan "experts," an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson's dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age.But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR's batch, had deep misgivings about the new governmental order. He shared the framers' vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court--the most important of them explained in these pages in clear, non-lawyerly language--he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed.A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas's biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America's future depends on the power of its culture and institutions to form ever more citizens of this stamp.
Pillars of the Republic: Common Schools and American Society, 1780-1860
Carl F. Kaestle - 1983
Public acceptance of state school systems, Kaestle argues, was encouraged by the people's commitment to republican government, by their trust in Protestant values, and by the development of capitalism. The author also examines the opposition to the Founding Fathers' educational ideas and shows what effects these had on our school system.
Give Us the Ballot: The Modern Struggle for Voting Rights in America
Ari Berman - 2015
The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional.Berman brings the struggle over voting rights to life through meticulous archival research, in-depth interviews with major figures in the debate, and incisive on-the-ground reporting. In vivid prose, he takes the reader from the demonstrations of the civil rights era to the halls of Congress to the chambers of the Supreme Court. At this important moment in history, Give Us the Ballot provides new insight into one of the most vital political and civil rights issues of our time.A National Book Critics Circle Award Finalist, NonfictionA New York Times Notable Book of 2015A Washington Post Notable Nonfiction Book of 2015A Boston Globe Best Book of 2015A Kirkus Reviews Best Nonfiction Book of 2015An NPR Best Book of 2015Countless books have been written about the civil rights movement, but far less attention has been paid to what happened after the dramatic passage of the Voting Rights Act (VRA) in 1965 and the turbulent forces it unleashed. Give Us the Ballot tells this story for the first time.
A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America
Saul T. Cornell - 2006
Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern collective right view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern individual right view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the collective rights theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well-Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read.Winner of the Langum Prize in American Legal History/Legal Biography
Bastogne: The First Eight Days
S.L.A. Marshall - 1988
General Mcaulliffe decided that despite the odds and the lack of supplies and ammunition his troops would continue to hold the important communication hub of Bastogne during the Battle of the Bulge. This dramatic, yet authoritative account brings all of the action to the fore as the Battered Bastards of Bastogne wrote their names into legend."THIS STORY OF BASTOGNE was written from interviews with nearly all the commanders and staff officers and many of the men who participated in the defense of Bastogne during the first phase of that now celebrated operation—the days during which the American forces were surrounded by forces of the enemy…Thus it is essentially the account of how a single strong defensive force was built from separate commands of armor, airborne infantry and tank destroyers—a force convinced that it could not be beaten."-Introduction.
The Court and the World: American Law and the New Global Realities
Stephen G. Breyer - 2015
It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.From the Hardcover edition.
Scalia: A Court of One
Bruce Allen Murphy - 2014
His sterling academic and legal credentials led to his nomination by President Ronald Reagan to the Court of Appeals for the DC Circuit in 1982. In four short years there, he successfully outmaneuvered the more senior Robert Bork to be appointed to the Supreme Court in 1986.Scalia’s evident legal brilliance and personal magnetism led everyone to predict he would unite a new conservative majority under Chief Justice William Rehnquist and change American law in the process. Instead he became a Court of One. Rather than bringing the conservatives together, Scalia drove them apart. He attacked and alienated his more moderate colleagues Sandra Day O’Connor, then David Souter, and finally Anthony Kennedy. Scalia prevented the conservative majority from coalescing for nearly two decades.Scalia: A Court of One is the compelling story of one of the most polarizing figures ever to serve on the nation’s highest court. It provides an insightful analysis of Scalia’s role on a Court that, like him, has moved well to the political right, losing public support and ignoring public criticism. To the delight of his substantial conservative following, Scalia’s “originalism” theory has become the litmus test for analyzing, if not always deciding, cases. But Bruce Allen Murphy shows that Scalia’s judicial conservatism is informed as much by his highly traditional Catholicism, mixed with his political partisanship, as by his reading of the Constitution. Murphy also brilliantly analyzes Scalia’s role in major court decisions since the mid-1980s and scrutinizes the ethical controversies that have dogged Scalia in recent years. A Court of One is a fascinating examination of one outspoken justice’s decision not to play internal Court politics, leaving him frequently in dissent, but instead to play for history, seeking to etch his originalism philosophy into American law.
Storm Center: The Supreme Court in American Politics
David M. O'Brien - 1986
In a balanced treatment of the Court's power and curbs on its power, O'Brien (government and foreign affairs, U. of Virginia) expands discussion of how changes in the Court's compos
The Big Book of American Facts: 1000 Interesting Facts And Trivia About USA (Trivia USA)
Bill O'Neill - 2016
From USA history to silly facts about American presidents, from laws you can’t believe are laws to facts about U.S. inventions, this book is the perfect solution to any moment of boredom. It has facts about religion and sports, facts about U.S. geography and nature, facts about food and drinks, and facts about language, animals, and American education. There are facts about science, facts about the military, facts about modes of transportation, facts about business and money, and facts about how big the United States really is. According to one American, “This book of trivia is the greatest thing that’s been written since the Nevada state Constitution. Did you know that was the longest message ever sent via Morse code telegram?” With this book of 1,000 trivia facts, you’ll impress even the most knowledgeable friends you have. Use the interesting facts to start a great conversation. Pull out the random facts to make someone smile. Be the center of any party with all the funny facts you’ll find in this book. Got a pub quiz or trivia night to go to? Prepare with this book! With this many fun facts about the United States, you’ll win every time.
The War Before the War: Fugitive Slaves and the Struggle for America's Soul from the Revolution to the Civil War
Andrew Delbanco - 2018
The struggle over slavery divided not only the American nation but also the hearts and minds of individual citizens faced with the timeless problem of when to submit to unjust laws and when to resist. The War Before the War illuminates what brought us to war with ourselves and the terrible legacies of slavery that are with us still.
Fundamental Cases: The Twentieth-Century Courtroom Battles that Changed our Nation
Alan M. Dershowitz - 2006
Professor and civil liberties lawyer Alan Dershowitz looks at history through the prism of the trial, because a trial presents a snapshot of what is going on at a particular point in time in the nation's history.
Who Gets What: Fair Compensation after Tragedy and Financial Upheaval
Kenneth R. Feinberg - 2012
What they had in common was their aftermath -- each required compensation for lives lost, bodies maimed, livelihoods wrecked, economies and ecosystems upended. In each instance, an objective third party had to step up and dole out allocated funds: in each instance, Presidents, Attorneys General, and other public officials have asked Kenneth R. Feinberg to get the job done. In Who Gets What?, Feinberg reveals the deep thought that must go into each decision, not to mention the most important question that arises after a tragedy: why compensate at all? The result is a remarkably accessible discussion of the practical and philosophical problems of using money as a way to address wrongs and reflect individual worth.
A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution
Peter Irons - 1999
In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn.
Clevenger Gold: The True Story of Murder and Unfound Treasure
S.E. Swapp - 2016
Once the old, cantankerous Sam Clevenger and his wife, Charlotte, hired Frank Willson and John Johnson to help with the move, their fate took a dark turn. These true events were documented by journalists through the 1887 trial and well into the 1900s, and stories have been told of Sam’s unfound treasure for nearly 130 years. But, this is the first detailed, documented, and vetted account of their bizarre and fascinating tale.