Book picks similar to
The Living Constitution by David A. Strauss
law
politics
government
non-fiction
Beyond Biden: Rebuilding the America We Love
Newt Gingrich - 2021
These forces have grown so large, so well-financed, so entrenched and aggressive that they must be studied closely and understood completely if America is to survive this imminent civil war.In Beyond Biden, bestselling author Newt Gingrich brings together the various strands of the movement seeking to destroy true, historic American values and replace this country with one that’s imposed on us by the combined power of government and social acceptance.
The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth-Century America
Sarah Barringer Gordon - 2002
Did principles of religious freedom and local self-government protect Mormons' claim to a distinct, religiously based legal order? Or was polygamy, as its opponents claimed, a new form of slavery--this time for white women in Utah? And did constitutional principles dictate that democracy and true liberty were founded on separation of church and state? As Sarah Barringer Gordon shows, the answers to these questions finally yielded an apparent victory for antipolygamists in the late nineteenth century, but only after decades of argument, litigation, and open conflict. Victory came at a price; as attention and national resources poured into Utah in the late 1870s and 1880s, antipolygamists turned more and more to coercion and punishment in the name of freedom. They also left a legacy in constitutional law and political theory that still governs our treatment of religious life: Americans are free to believe, but they may well not be free to act on their beliefs.
What Would the Founders Say?: A Patriot's Answers to America's Most Pressing Problems
Larry Schweikart - 2011
America is at a crossroads. We face two options: continue our descent toward big government, higher taxes, less individual liberty, and more debt or pull our country back on the path our Founding Fathers planned for us. But that path isn't always so easy to see. Following the success of his previous books, conservative historian Larry Schweikart tackles some of the key issues confronting our nation today: education, government bailouts, gun control, health care, the environment, and more. For each he asks, "What would the founders say?" and sets out to explore our history and offer wisdom to help us get back on track. What would really be compatible with the vision that Washington, Jefferson, Madison, and the other founders had for America? Written in Schweikart's informal yet informative style, What Would the Founders Say? is sure to delight his fans and anyone looking for a little clarity on tough issues.
The Debate on the Constitution, Part 1: Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification: September 1787 to February 1788
Bernard BailynJoseph Barrell - 1993
Instead of revising the Articles of Confederation, the framers had created a fundamentally new national plan that placed over the states a supreme government with broad powers. They proposed to submit it to conventions in each state, elected “by the People thereof,” for ratification.Immediately, a fierce storm of argument broke. Federalist supporters, Antifederalist opponents, and seekers of a middle ground strove to balance public order and personal liberty as they praised, condemned, challenged, and analyzed the new Constitution.Assembled here in chronological order are hundreds of newspaper articles, pamphlets, speeches, and private letters written or delivered in the aftermath of the Constitutional Convention. Along with familiar figures like Franklin, Madison, Patrick Henry, Jefferson, and Washington, scores of less famous citizens are represented, all speaking clearly and passionately about government. The most famous writings of the ratification struggle—the Federalist essays of Hamilton and Madison—are placed in their original context, alongside the arguments of able antagonists, such as “Brutus” and the “Federal Farmer.”Part One includes press polemics and private commentaries from September 1787 to January 1788. That autumn, powerful arguments were made against the new charter by Virginian George Mason and the still-unidentified “Federal Farmer,” while in New York newspapers, the Federalist essays initiated a brilliant defense. Dozens of speeches from the state ratifying conventions show how the “draft of a plan, nothing but a dead letter,” in Madison’s words, had “life and validity…breathed into it by the voice of the people.” Included are the conventions in Pennsylvania, where James Wilson confronted the democratic skepticism of those representing the western frontier, and in Massachusetts, where John Hancock and Samuel Adams forged a crucial compromise that saved the country from years of political convulsion.Informative notes, biographical profiles of all writers, speakers, and recipients, and a detailed chronology of relevant events from 1774 to 1804 provide fascinating background. A general index allows readers to follow specific topics, and an appendix includes the Declaration of Independence, the Articles of Confederation, and the Constitution (with all amendments).
The Right To Vote The Contested History Of Democracy In The United States
Alexander Keyssar - 2000
But the history of suffrage in the U.S. is, in fact,the story of a struggle to achieve this right by our society's marginalized groups. In The Right to Vote, Duke historian Alexander Keyssar explores the evolution of suffrage over the course of the nation's history. Examining the many features of the history of the right to vote in the U.S.—class, ethnicity, race, gender, religion, and age—the book explores the conditions under which American democracy has expanded and contracted over the years.Keyssar presents convincing evidence that the history of the right to vote has not been one of a steady history of expansion and increasing inclusion, noting that voting rights contracted substantially in the U.S. between 1850 and 1920. Keyssar also presents a controversial thesis: that the primary factor promoting the expansion of the suffrage has been war and the primary factors promoting contraction or delaying expansion have been class tension and class conflict.
The 5000 Year Leap: A Miracle That Changed the World
W. Cleon Skousen - 1981
The truth is that the solutions have been available for a long time -- in the writings of our Founding Fathers -- carefully set forth in this timely book.In The 5000 Year Leap: A Miracle That Changed the World, Discover the 28 Principles of Freedom our Founding Fathers said must be understood and perpetuated by every people who desire peace, prosperity, and freedom. Learn how adherence to these beliefs during the past 200 years has brought about more progress than was made in the previous 5000 years. These 28 Principles include The Genius of Natural Law, Virtuous and Moral Leaders, Equal Rights--Not Equal Things, and Avoiding the Burden of Debt. Published by the National Center for Constitut
One Damn Thing After Another: Memoirs of an Attorney General
William P. Barr - 2022
Bush and Donald J. Trump.William Barr’s first tenure as attorney general under President George H.W. Bush was largely the result of chance, while his second tenure under President Donald Trump a deliberate and difficult choice. In this candid memoir, Barr takes readers behind the scenes during seminal moments of the 1990s, from the LA riots to Pan Am 103 and Iran Contra. Thirty years later, Barr faced an unrelenting barrage of issues, such as Russiagate, the COVID outbreak, civil unrest, the impeachments, and the 2020 election fallout. One Damn Thing After Another is vivid, forthright, and essential not only to understanding the Bush and Trump legacies, but also how both men viewed power and justice at critical junctures of their presidencies.
A Matter of Interpretation: Federal Courts and the Law
Antonin Scalia - 1997
According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
It's Even Worse Than It Looks: How the American Constitutional System Collided with the Politics of Extremism
Thomas E. Mann - 2012
Congress is deadlocked and its approval ratings are at record lows. America’s two main political parties have given up their traditions of compromise, endangering our very system of constitutional democracy. And one of these parties has taken on the role of insurgent outlier; the Republicans have become ideologically extreme, scornful of compromise, and ardently opposed to the established social and economic policy regime. In It’s Even Worse Than It Looks, congressional scholars Thomas Mann and Norman Ornstein identify two overriding problems that have led Congress—and the United States—to the brink of institutional collapse. The first is the serious mismatch between our political parties, which have become as vehemently adversarial as parliamentary parties, and a governing system that, unlike a parliamentary democracy, makes it extremely difficult for majorities to act. Second, while both parties participate in tribal warfare, both sides are not equally culpable. The political system faces what the authors call “asymmetric polarization,” with the Republican Party implacably refusing to allow anything that might help the Democrats politically, no matter the cost. With dysfunction rooted in long-term political trends, a coarsened political culture and a new partisan media, the authors conclude that there is no “silver bullet” reform that can solve everything. But they offer a panoply of useful ideas and reforms, endorsing some solutions, like greater public participation and institutional restructuring of the House and Senate, while debunking others, like independent or third-party candidates. Above all, they call on the media as well as the public at large to focus on the true causes of dysfunction rather than just throwing the bums out every election cycle. Until voters learn to act strategically to reward problem solving and punish obstruction, American democracy will remain in serious danger.
No Excuses: Concessions of a Serial Campaigner
Robert Shrum - 2007
Never before have we seen such a penetrating view of the inside drama, tensions, and foibles of champaigns, consultants, and campaigners. Comments Doris Kearns Goodwin, an author.
Democracy and Its Crisis
A.C. Grayling - 2017
C. Grayling investigates why the institutions of representative democracy seem unable to sustain themselves against forces they were designed to manage, and why it matters. In each of five short chapters, he considers a moment in history in which the challenges we face today were first encountered, how they were overcome - or not - and with what consequences. With the advent of authoritarian leaders and the simultaneous rise of populism, representative democracy appears to be caught between a rock and a hard place, yet it is this space that it must occupy, argues Grayling, if a civilized society, that looks after all its people, is to flourish.
The U.S. Constitution: A Reader
Hillsdale College Politics Faculty - 2012
Constitution: A Reader was developed for teaching the core course on the U.S. Constitution at Hillsdale College. Divided into eleven sections with introductions by members of Hillsdale's Politics Department faculty, readings cover the principles of the American founding; the framing and structure of the Constitution; the secession crisis and the Civil War; the Progressive rejection of the Constitution; and the building of the administrative state based on Progressive principles.
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.
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.
Common Sense, The Rights of Man and Other Essential Writings
Thomas Paine - 1776
This volume also includes " The Crisis ," " The Age of Reason ," and " Agrarian Justice ."