Justice on Trial: The Kavanaugh Confirmation and the Future of the Supreme Court
Mollie Ziegler Hemingway - 2019
The Trump presidency opened with the appointment of Neil Gorsuch to succeed the late Antonin Scalia on the Supreme Court. But the following year, when Trump drew from the same list of candidates for his nomination of Brett Kavanaugh, the justice being replaced was the swing vote on abortion, and all hell broke loose. The judicial confirmation process, on the point of breakdown for thirty years, now proved utterly dysfunctional. Unverified accusations of sexual assault became weapons in a ruthless campaign of personal destruction, culminating in the melodramatic hearings in which Kavanaugh’s impassioned defense resuscitated a nomination that seemed beyond saving. The Supreme Court has become the arbiter of our nation’s most vexing and divisive disputes. With the stakes of each vacancy incalculably high, the incentive to destroy a nominee is nearly irresistible. The next time a nomination promises to change the balance of the Court, Hemingway and Severino warn, the confirmation fight will be even uglier than Kavanaugh’s. A good person might accept that nomination in the naïve belief that what happened to Kavanaugh won’t happen to him because he is a good person. But it can happen, it does happen, and it just happened. The question is whether America will let it happen again.
How Democracies Die: What History Reveals About Our Future
Steven Levitsky - 2018
Democracy no longer ends with a bang--in a revolution or military coup--but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one.Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die--and how ours can be saved.
Blowout: Corrupted Democracy, Rogue State Russia, and the Richest, Most Destructive Industry on Earth
Rachel Maddow - 2019
That same year, a trove of Michael Jackson memorabilia—including his iconic crystal-encrusted white glove—was sold at auction for over $1 million to a guy who was, officially, just the lowly forestry minister of the tiny nation of Equatorial Guinea. And in 2014, Ukrainian revolutionaries raided the palace of their ousted president and found a zoo of peacocks, gilded toilets, and a floating restaurant modeled after a Spanish galleon. Unlikely as it might seem, there is a thread connecting these events, and Rachel Maddow follows it to its crooked source: the unimaginably lucrative and equally corrupting oil and gas industry. With her trademark black humor, Maddow takes us on a switchback journey around the globe, revealing the greed and incompetence of Big Oil and Gas along the way, and drawing a surprising conclusion about why the Russian government hacked the 2016 U.S. election. She deftly shows how Russia’s rich reserves of crude have, paradoxically, stunted its growth, forcing Putin to maintain his power by spreading Russia’s rot into its rivals, its neighbors, the West’s most important alliances, and the United States. Chevron, BP, and a host of other industry players get their star turn, most notably ExxonMobil and the deceptively well-behaved Rex Tillerson. The oil and gas industry has weakened democracies in developed and developing countries, fouled oceans and rivers, and propped up authoritarian thieves and killers. But being outraged at it is, according to Maddow, “like being indignant when a lion takes down and eats a gazelle. You can’t really blame the lion. It’s in her nature.” Blowout is a call to contain the lion: to stop subsidizing the wealthiest businesses on earth, to fight for transparency, and to check the influence of the world’s most destructive industry and its enablers. The stakes have never been higher. As Maddow writes, “Democracy either wins this one or disappears.”
The Whites of Their Eyes: The Tea Party's Revolution and the Battle Over American History
Jill Lepore - 2010
The Union laid claim to the Revolution--so did the Confederacy. Civil rights leaders said they were the true sons of liberty--so did Southern segregationists. This book tells the story of the centuries-long struggle over the meaning of the nation's founding, including the battle waged by the Tea Party, Glenn Beck, Sarah Palin, and evangelical Christians to "take back America."Jill Lepore, Harvard historian and New Yorker staff writer, offers a wry and bemused look at American history according to the far right, from the "rant heard round the world," which launched the Tea Party, to the Texas School Board's adoption of a social-studies curriculum that teaches that the United States was established as a Christian nation. Along the way, she provides rare insight into the eighteenth-century struggle for independence--the real one, that is. Lepore traces the roots of the far right's reactionary history to the bicentennial in the 1970s, when no one could agree on what story a divided nation should tell about its unruly beginnings. Behind the Tea Party's Revolution, she argues, lies a nostalgic and even heartbreaking yearning for an imagined past--a time less troubled by ambiguity, strife, and uncertainty--a yearning for an America that never was.The Whites of Their Eyes reveals that the far right has embraced a narrative about America's founding that is not only a fable but is also, finally, a variety of fundamentalism--anti-intellectual, antihistorical, and dangerously antipluralist.
Ratification: The People Debate the Constitution, 1787-1788
Pauline Maier - 2010
Elected conventions in at least nine of the thirteen states would have to ratify it before it could take effect. There was reason to doubt whether that would happen. The document we revere today as the foundation of our country’s laws, the cornerstone of our legal system, was hotly disputed at the time. Some Americans denounced the Constitution for threatening the liberty that Americans had won at great cost in the Revolutionary War. One group of fiercely patriotic opponents even burned the document in a raucous public demonstration on the Fourth of July.In this splendid new history, Pauline Maier tells the dramatic story of the yearlong battle over ratification that brought such famous founders as Washington, Hamilton, Madison, Jay, and Henry together with less well-known Americans who sometimes eloquently and always passionately expressed their hopes and fears for their new country. Men argued in taverns and coffeehouses; women joined the debate in their parlors; broadsides and newspaper stories advocated various points of view and excoriated others. In small towns and counties across the country people read the document carefully and knew it well. Americans seized the opportunity to play a role in shaping the new nation. Then the ratifying conventions chosen by "We the People" scrutinized and debated the Constitution clause by clause.Although many books have been written about the Constitutional Convention, this is the first major history of ratification. It draws on a vast new collection of documents and tells the story with masterful attention to detail in a dynamic narrative. Each state’s experience was different, and Maier gives each its due even as she focuses on the four critical states of Pennsylvania, Massachusetts, Virginia, and New York, whose approval of the Constitution was crucial to its success.The New Yorker Gilbert Livingston called his participation in the ratification convention the greatest transaction of his life. The hundreds of delegates to the ratifying conventions took their responsibility seriously, and their careful inspection of the Constitution can tell us much today about a document whose meaning continues to be subject to interpretation. Ratification is the story of the founding drama of our nation, superbly told in a history that transports readers back more than two centuries to reveal the convictions and aspirations on which our country was built.
A Theory of Justice
John Rawls - 1971
The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book.Rawls aims to express an essential part of the common core of the democratic tradition - justice as fairness - and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published.
The American Supreme Court (The Chicago History of American Civilization)
Robert G. McCloskey - 1960
McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. In this fourth edition, Sanford Levinson extends McCloskey's magisterial treatment to address the Court's most recent decisions, including its controversial ruling in Bush v. Gore and its expansion of sexual privacy in Lawrence v. Texas. The book's chronology of important Supreme Court decisions and itsannotated bibliographical essay have also been updated.As in previous editions, McCloskey's original text remains unchanged. He argues that the Court's strength has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. Levinson's two new chapters show how McCloskey's approach continues to illuminate recent developments, such as the Court's seeming return to its pre-1937 role as "umpire" of the federal system. It is in Bush v. Gore, however, where the implications of McCloskey's interpretation stand out most clearly.The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to its past, present, and future prospects of this institution.
The Law
Frédéric Bastiat - 1849
More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies in ever way to our own time, which is precisely why so many people credit this one essay for showing them the light of liberty. Bastiat's essay here is timeless because applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat's death. This newly available translation provides new insight into Bastiat's argument. It is a more sophisticated, more substantial, and more precise rendering than any in print. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others' lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn't avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our sentiments, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have the domain of force, which is justice. More from Bastiat's The Law: Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State - then we are against education altogether. We object to a State religion - then we would have no religion at all. We object to an equality which is brought about by the State then we are against equality, etc., etc. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State. How is it that the strange idea of making the law produce what it does not contain - prosperity, in a positive sense, wealth, science, religion - should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain. They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important. Whether you buy one or one hundred, you can look forward to one of the most penetrating and powerful essays written in the history of political economy.
In Our Defense
Ellen Alderman - 1991
Article by article, intention by intention, the first ten amendments are examined through cases that have challenged and been interpreted through them. Alderman and Kennedy, the daughter of the late President, both graduated from Columbia University Law School. 15 photos.
Goliath: The 100-Year War Between Monopoly Power and Democracy
Matt Stoller - 2019
A concentration of power, whether in the hands of a military dictator or a JP Morgan, was understood as autocratic and dangerous to individual liberty and democracy. This idea stretched back to the country’s founding. In the 1930s, people observed that the Great Depression was caused by financial concentration in the hands of a few whose misuse of their power induced a financial collapse. They drew on this tradition to craft the New Deal. In Goliath, Matt Stoller explains how authoritarianism and populism have returned to American politics for the first time in eighty years, as the outcome of the 2016 election shook our faith in democratic institutions. It has brought to the fore dangerous forces that many modern Americans never even knew existed. Today’s bitter recriminations and panic represent more than just fear of the future, they reflect a basic confusion about what is happening and the historical backstory that brought us to this moment. The true effects of populism, a shrinking middle class, and concentrated financial wealth are only just beginning to manifest themselves under the current administrations. The lessons of Stoller’s study will only grow more relevant as time passes. Building upon his viral article in The Atlantic, “How the Democrats Killed Their Populist Soul,” Stoller illustrates in rich detail how we arrived at this tenuous moment, and the steps we must take to create a new democracy.
Six Amendments: How and Why We Should Change the Constitution
John Paul Stevens - 2014
By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. Six Amendments is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, Six Amendments is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.
Age of Anger: A History of the Present
Pankaj Mishra - 2017
Today, however, botched experiments in nation-building, democracy, industrialization, and urbanization visibly scar much of the world.As once happened in Europe, the wider embrace of revolutionary politics, mass movements, technology, the pursuit of wealth, and individualism has cast billions adrift in a literally demoralized world.It was from among the ranks of the disaffected and the spiritually disorientated, that the militants of the nineteenth century arose—angry young men who became cultural nationalists in Germany, messianic revolutionaries in Russia, bellicose chauvinists in Italy, and anarchist terrorists internationally.Many more people today, unable to fulfill the promises—freedom, stability, and prosperity—of a globalized economy, are increasingly susceptible to demagogues and their simplifications. A common reaction among them is intense hatred of supposed villains, the invention of enemies, attempts to recapture a lost golden age, unfocused fury and self-empowerment through spectacular violence.In Age of Anger, Pankaj Mishra explores the origins of the great wave of paranoid hatreds that seem inescapable in our close-knit world—from American “shooters” and ISIS to Trump, Modi, and racism and misogyny on social media.
Eichmann in Jerusalem: A Report on the Banality of Evil
Hannah Arendt - 1963
This revised edition includes material that came to light after the trial, as well as Arendt’s postscript directly addressing the controversy that arose over her account. A major journalistic triumph by an intellectual of singular influence, Eichmann in Jerusalem is as shocking as it is informative—an unflinching look at one of the most unsettling and unsettled issues of the twentieth century that remains hotly debated to this day.
On Tyranny: Twenty Lessons from the Twentieth Century
Timothy Snyder - 2017
Against all predictions, one of the most-disliked presidential candidates in history had swept the electoral college, elevating a man with open contempt for democratic norms and institutions to the height of power.Timothy Snyder is one of the most celebrated historians of the Holocaust. In his books Bloodlands and Black Earth, he has carefully dissected the events and values that enabled the rise of Hitler and Stalin and the execution of their catastrophic policies. With Twenty Lessons, Snyder draws from the darkest hours of the twentieth century to provide hope for the twenty-first. As he writes, “Americans are no wiser than the Europeans who saw democracy yield to fascism, Nazism and communism. Our one advantage is that we might learn from their experience.”Twenty Lessons is a call to arms and a guide to resistance, with invaluable ideas for how we can preserve our freedoms in the uncertain years to come.
Courting Justice: From NY Yankees v. Major League Baseball to Bush v. Gore, 1997-2000
David Boies - 2004
16 pages of photos.