Restoring the Lost Constitution: The Presumption of Liberty


Randy E. Barnett - 2003
    Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.

A History of the Supreme Court


Bernard Schwartz - 1979
    John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it almost bombastically pretentious, and another asked, What are we supposed to do, ride in on nine elephants? He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.

The Heritage Guide to the Constitution


Edwin Meese III - 2005
    Constitution as never before, including a clause-by-clause analysis of the document, each amendment and relevant court case, and the documents that serve as the foundation of the Constitution.

The Constitution: An Introduction


Michael Stokes Paulsen - 2015
    This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.The Constitution: An Introduction is the definitive modern primer on the US Constitution. Michael Stokes Paulsen, one of the nation's most provocative and accomplished scholars of the Constitution, and his son Luke Paulsen, a gifted young writer and lay scholar, have combined to write a lively introduction to the supreme law of the United States, covering the Constitution's history and meaning in clear, accessible terms. Beginning with the Constitution's birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors provide correctives to the shallow myths and partial truths that pervade so much popular treatment of the Constitution, from school textbooks to media accounts of today's controversies, and offer powerful insights into the Constitution's true meaning. A lucid and engaging guide, The Constitution: An Introduction provides readers with the tools to think critically and independently about constitutional issues -- a skill that is ever more essential to the continued flourishing of American democracy.

All the Laws but One: Civil Liberties in Wartime


William H. Rehnquist - 1998
    Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.

The Law of the Land: A Grand Tour of Our Constitutional Republic


Akhil Reed Amar - 2015
    While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America's Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, "the land of Lincoln," Amar shows how our sixteenth president's ideas about secession were influenced by his Midwestern upbringing and outlook. All of today's Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar's distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation's history and politics, and shows how America's various local parts fit together to form a grand federal framework.

The Founders' Second Amendment: Origins of the Right to Bear Arms


Stephen P. Halbrook - 2008
    Mr. Halbrook investigates the period from 1768 to 1826, from the last years of British rule and the American Revolution through to the adoption of the Constitution and the Bill of Rights, and the passing of the Founders' generation. His book offers the most comprehensive analysis of the arguments behind the drafting and adoption of the Second Amendment, and the intentions of the men who created it. With the question of the right to bear arms scheduled to come before the Supreme Court in the spring of 2008, The Founders' Second Amendment could scarcely be more timely.

Supreme Whispers: Conversations with Judges of the Supreme Court of India 1980-89


Abhinav Chandrachud - 2018
    Based on 114 intriguing interviews with nineteen former chief justices of India and more than sixty-six former judges of the Supreme Court of India, Abhinav Chandrachud opens a window to the life and times of the former judges of India's highest court of law and in the process offers a history that largely remained in oblivion for a long time.

The Living Constitution


David A. Strauss - 2010
    He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago.David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

THOMAS PAINE COMPLETE WORKS - ULTIMATE COLLECTION - Common Sense, Age of Reason, Crisis, The Rights of Man, Agragian Justice, ALL Letters and Short Writings


Darryl Marks - 2011
    WHO WAS THOMAS PAINE?Thomas Paine is known as one of the Fathers of the American Revolution. His landmark work, ‘Common Sense’, is known as the major inspiration for the ‘Declaration of Independence’, and his ‘Crisis’ pamphlet series was a favourite of George Washington to read out loud to inspire his troops at Valley Forge.Paine’s work is passionate, radical, yet accessible; covering his strong beliefs in Independence, Personal Liberty, Politics, Religion and Government. Hugely successful and inspiring strong polarisation in their times, they are still must-reads today, still highly debated and revered.THE 'MUST-HAVE' COMPLETE COLLECTIONIn this irresistible collection you get a full set of this amazing work.YOU GET:*COMMON SENSE - the famous work that inspired the American colonists with a demand and call for freedom from British rule. Also notable, that when adjusted for the population size of 1776, ‘Common Sense’ has the largest sales and circulation of any book in American history.*THE AMERICAN CRISIS - a series of pamphlets published from 1776 to 1783 written to motivate the Troops during the revolution, to spur them to victory. The language is powerful and emotional, and reflects Paine's liberal philosophies. The first lines are the famous: “These are times that try men’s souls.”*THE RIGHTS OF MAN (PART I and PART II) – a radical set of books that argues that political revolution is required when a government does not safeguard its people.*THE AGE OF REASON (PART I and PART II) - a deistic work, about institutionalized religion, and Paine’s strong views concerning it.*LETTERS and MISCELLANEOUS WRITINGS – A FULL SET of Paine’s must-read letters and assorted short works from Paine, Including his famous ‘LETTER TO GEORGE WASHINGTON’ and his last work ‘AGRAGIAN JUSTICE’YOUR FREE BONUSESIn addition, you get Free Special Bonuses:*THOMAS PAINE, BIOGRAPHY – A fascinating 10 page biography, detailing Paine’s unbelievable, often sad, and often controversial life. *Works presented as far as possible in original publication date order so you can follow Paine’s growth as a writer and philosopher*Easy TABLE OF CONTENTS so you can easily jump to any book, chapter or letter in the collection.YOUR NEW WINDOW INTO THOMAS PAINEImagine the wonder of having this fantastic, enviable collection, that rivals many libraries, right at your fingertips. Imagine the pleasure of discovering more about Paine’s one of a kind works.DON’T MISS OUT!As you read this, you understand why you want this edition, because it is the best, most complete Thomas Paine collection you can get. You want the most complete collection so don’t deny yourself! And don't accept other collections that are lacking. And available on the Kindle, this big collection is yours for next to nothing.

The Federalist: The Gideon Edition


George W. Carey - 1818
    Written and published in newspapers in 1787 and 1788 to explain and promote ratification of the proposed Constitution for the United States, which were then bound by the Articles of Confederation, The Federalist remains of singular importance to students of liberty around the world.George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer.James McClellan (1937–2005) was James Bryce Visiting Fellow in American Studies at the Institute of United States Studies, University of London.Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Constitution of the Confederate States of America


Confederate States of America - 1861
    In its entirety...you have the CSA "Confederate States of America" Constitution.This is a must read.....imagine a young country that just learned all the things wrong with their country and its government....then makes their own.The CSA was ahead of its time in many respects...(never mind the whole slavery thing)....If you are a History buff or just doing research...get this...read it....it is outstanding.

Lies My Teacher Told Me: The True History of the War for Southern Independence


Clyde N. Wilson - 2016
    The entire South—its people, culture, history, customs, both past and present—has been and continues to be lied about and demonized by the unholy trinity of the American establishment: Academia, Hollywood, and the Media. In the midst of the anti-South hysteria currently infecting the American psyche—the banning of flags, charges of hate and “racism,” the removal and attempted removal of Confederate monuments, the renaming of schools, vandalism of monuments and property displaying the Confederate Battle Flag, and even physical assaults, albeit rarely at present, on people who display the symbols of the South — Shotwell Publishing offers this unapologetic, unreconstructed, pro-South book with the hope that it will reach those who are left that are not afraid to question the sanity of this cultural purge and the veracity of its narrative concerning the South.

Landmark Judgments That Changed India


Asok Kumar Ganguly - 2015
    Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts.In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed.Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.

The Tempting of America


Robert H. Bork - 1990
    Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law.