Book picks similar to
The Living Constitution by David A. Strauss
law
politics
history
non-fiction
Reflections on Judging
Richard A. Posner - 2013
Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating canons of constructions (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
The Making of a Justice: Reflections on My First 94 Years
John Paul Stevens - 2019
During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring more than 1000 opinions. In The Making of a Justice, he recounts his extraordinary life, offering an intimate and illuminating account of his service on the nation's highest court.Appointed by President Gerald Ford and eventually retiring during President Obama's first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society during some of the most important Supreme Court decisions over the last four decades. With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, The Making of a Justice is a warm and fascinating account of Justice Stevens's unique and transformative American life.
Fifty-Five Fathers
Robert Frankenberg - 1970
Retells the story of the Philadelphia convention in 1787 drawing on the original notes of James Madison and on the diary of William Pierce.
How Would a Patriot Act? Defending American Values from a President Run Amok
Glenn Greenwald - 2006
Not liberal, not conservative. Politicians were all the same and it didn’t matter which party was in power. Extremists on both ends canceled each other out, and the United States would essentially remain forever centrist. Or so he thought. Then came September 11, 2001. Greenwald’s disinterest in politics was replaced by patriotism, and he supported the war in Afghanistan. He also gave President Bush the benefit of the doubt over his decision to invade Iraq. But, as he saw Americans and others being disappeared, jailed and tortured, without charges or legal representation, he began to worry. And when he learned his president had seized the power to spy on American citizens on American soil, without the oversight required by law, he could stand no more. At the heart of these actions, Greenwald saw unprecedented and extremist theories of presidential power, theories that flout the Constitution and make President Bush accountable to no one, and no law. How Would a Patriot Act? is one man’s story of being galvanized into action to defend America’s founding principles, and a reasoned argument for what must be done. Greenwald’s penetrating words should inspire a nation to defend the Constitution from a president who secretly bestowed upon himself the powers of a monarch. If we are to remain a constitutional republic, Greenwald writes, we cannot abide radical theories of executive power, which are transforming the very core of our national character, and moving us from democracy toward despotism. This is not hyperbole. This is the crisis all Americans—liberals and conservatives--now face. In the spirit of the colonists who once mustered the strength to denounce a king, Greenwald invites us to consider: How would a patriot act today?
The Price We Paid
Andrew Olsen - 2010
Though tragic, it is also a story of triumph that scarcely has an equal. It is one of history's great witnesses of the power of faith and sacrifice. Although this story is one of the most frequently told of all Mormon pioneer accounts, it is also among the least understood. This book provides the most comprehensive and accessible account of these pioneers' epic 1856 journey. In addition to painting a broad perspective of the trek, it includes dozens of personal stories from the pioneers themselves. Woven into the larger story of the journey west, these stories inspire, build faith, recount miracles, and reveal how these pioneers were able to endure such adversity. The book also includes chapters on the lives of many of these pioneers after the handcart trek. Immerse yourself in the challenges and miracles of this astounding odyssey as never before!
Humanity: How Jimmy Carter Lost an Election and Transformed the Post-Presidency (Kindle Single)
Jordan Michael Smith - 2016
Carter's unpopularity helped Republicans win seats in the House and gain control over the Senate for the first time in over 20 years. The Reagan Era had begun, ushering in a generation of conservative power. Democrats blamed Carter for this catastrophe and spent the next decade pretending he had never existed. Republicans cheered his demise and trotted out his name to scare voters for years to come. Carter and his wife Rosalynn returned to their farm in the small town of Plains, Georgia. They were humiliated, widely unpopular, and even in financial debt. 35 years later, Carter has become the most celebrated post-president in American history. He has won the Nobel Peace Prize, written bestselling books, and become lauded across the world for his efforts on behalf of peace and social justice. Ex-presidents now adopt the Carter model of leveraging their eminent status to benefit humanity. By pursuing diplomatic missions, leading missions to end poverty and working to eradicate disease around the world, Carter has transformed the idea of what a president can accomplish after leaving the White House.This is the story of how Jimmy Carter lost the biggest political prize on earth--but managed to win back something much greater. Jordan Michael Smith is a contributing writer at Salon and the Christian Science Monitor. His writing has appeared in print or online for the New York Times Magazine, Washington Post, The Atlantic, Slate, BBC, and many other publications. Born in Toronto, he holds a Master's of Arts in Political Science from Carleton University. He lives in New York City. www.jordanmichaelsmith.typepad.com.Cover design by Adil Dara.
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.
One Nation After Trump: A Guide for the Perplexed, the Disillusioned, the Desperate, and the Not-Yet Deported
E.J. Dionne Jr. - 2017
We have never had a president who gave rise to such widespread alarm about his lack of commitment to the institutions of self-government, to the norms democracy requires, and to the need for basic knowledge about how government works. We have never had a president who raises profound questions about his basic competence and his psychological capacity to take on the most challenging political office in the world.Yet if Trump is both a threat to our democracy and a product of its weaknesses, the citizen activism he has inspired is the antidote. The reaction to the crisis created by Trump's presidency can provide the foundation for an era of democratic renewal and vindicate our long experiment in self-rule.The award-winning authors of One Nation After Trump explain Trump's rise and the danger his administration poses to our free institutions. They also offer encouragement to the millions of Americans now experiencing a new sense of citizenship and engagement and argue that our nation needs a unifying alternative to Trump's dark and divisive brand of politics--an alternative rooted in a New Economy, a New Patriotism, a New Civil Society, and a New Democracy.One Nation After Trump is the essential audiobook for our era, an unsparing assessment of the perils facing the United States and an inspiring roadmap for how we can reclaim the future.
Legacy of Ashes: The History of the CIA
Tim Weiner - 2007
Its mission was to know the world. When it did not succeed, it set out to change the world. Its failures have handed us, in the words of President Eisenhower, “a legacy of ashes.”Now Pulitzer Prize–winning author Tim Weiner offers the first definitive history of the CIA—and everything is on the record. LEGACY OF ASHES is based on more than 50,000 documents, primarily from the archives of the CIA itself, and hundreds of interviews with CIA veterans, including ten Directors of Central Intelligence. It takes the CIA from its creation after World War II, through its battles in the cold war and the war on terror, to its near-collapse after September 11th, 2001.Tim Weiner’s past work on the CIA and American intelligence was hailed as “impressively reported” and “immensely entertaining” in The New York Times.The Wall Street Journal called it “truly extraordinary . . . the best book ever written on a case of espionage.” Here is the hidden history of the CIA: why eleven presidents and three generations of CIA officers have been unable to understand the world; why nearly every CIA director has left the agency in worse shape than he found it; and how these failures have profoundly jeopardized our national security.
The Odd Clauses: Understanding the Constitution Through Ten of Its Most Curious Provisions
Jay Wexler - 2011
Past the ever-popular monkey house and lion cages, Boston University law professor Jay Wexler leads us on a tour of the lesser-known clauses of the Constitution, the clauses that, like the yeti crab or platypus, rarely draw the big audiences but are worth a closer look. Just as ecologists remind us that even a weird little creature like a shrew can make all the difference between a healthy environment and an unhealthy one, understanding the odd clauses offers readers a healthier appreciation for our constitutional system. With Wexler as your expert guide through this jurisprudence jungle, you’ll see the Constitution like you’ve never seen it before. Including its twenty-seven amendments, the Constitution contains about eight thousand words, but the well-known parts make up only a tiny percentage of the entire document. The rest is a hodgepodge of provisions, clauses, and rules, including some historically anachronistic, some absurdly detailed, and some crucially important but too subtle or complex to get popular attention. This book is about constitutional provisions like Section 2 of the Twenty-first Amendment, the letters of marque and reprisal clause, and the titles of nobility clauses—those that promote key democratic functions in very specific, and therefore seemingly quite odd, ways. Each of the book’s ten chapters shines a much-deserved light on one of the Constitution’s odd clauses—its history, its stories, its controversies, its possible future. The Odd Clauses puts these intriguing beasts on display and allows them to exhibit their relevance to our lives, our government’s structure, and the integrity of our democracy.
The American Story: Conversations with Master Historians
David M. Rubenstein - 2019
Rubenstein takes readers on a sweeping journey across the grand arc of the American story through revealing conversations with our greatest historians.In these lively dialogues, the biggest names in American history explore the subjects they’ve come to so intimately know and understand. — David McCullough on John Adams — Jon Meacham on Thomas Jefferson — Ron Chernow on Alexander Hamilton — Walter Isaacson on Benjamin Franklin — Doris Kearns Goodwin on Abraham Lincoln — A. Scott Berg on Charles Lindbergh — Taylor Branch on Martin Luther King — Robert Caro on Lyndon B. Johnson — Bob Woodward on Richard Nixon —And many others, including a special conversation with Chief Justice John Roberts Through his popular program The David Rubenstein Show, David Rubenstein has established himself as one of our most thoughtful interviewers. Now, in The American Story, David captures the brilliance of our most esteemed historians, as well as the souls of their subjects. The book features introductions by Rubenstein as well a foreword by Librarian of Congress Carla Hayden, the first woman and the first African American to lead our national library. Richly illustrated with archival images from the Library of Congress, the book is destined to become a classic for serious readers of American history. Through these captivating exchanges, these bestselling and Pulitzer Prize–winning authors offer fresh insight on pivotal moments from the Founding Era to the late 20th century.
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.
Gunfight: The Battle over the Right to Bear Arms in America
Adam Winkler - 2011
In the tradition of Gideon's Trumpet, Adam Winkler uses the landmark 2008 case District of Columbia v. Heller, which invalidated a law banning handguns in the nation's capital, as a springboard for a groundbreaking historical narrative. From the Founding Fathers and the Second Amendment to the origins of the Klan, ironically as a gun control organization, the debate over guns has always generated controversy. Whether examining the Black Panthers' role in provoking the modern gun rights movement or Ronald Reagan's efforts to curtail gun ownership, Winkler brilliantly weaves together the dramatic stories of gun rights advocates and gun control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.
The Original Argument: The Federalists' Case for the Constitution, Adapted for the 21st Century
Glenn Beck - 2010
Now he brings his historical acumen and political savvy to this fresh, new interpretation of The Federalist Papers, the 18th-century collection of political essays that defined and shaped our Constitution and laid bare the “original argument” between states’ rights and big federal government—a debate as relevant and urgent today as it was at the birth of our nation.Adapting a selection of these essential essays—pseudonymously authored by the now well-documented triumvirate of Alexander Hamilton, James Madison, and John Jay—for a contemporary audience, Glenn Beck has had them reworked into “modern” English so as to be thoroughly accessible to anyone seeking a better understanding of the Founding Fathers’ intent and meaning when laying the groundwork of our government. Beck provides his own illuminating commentary and annotations and, for a number of the essays, has brought together the viewpoints of both liberal and conservative historians and scholars, making this a fair and insightful perspective on the historical works that remain the primary source for interpreting Constitutional law and the rights of American citizens.
The Woman Behind the New Deal: The Life of Frances Perkins, FDR'S Secretary of Labor and His Moral Conscience
Kirstin Downey - 2009
Based on eight years of research, extensive archival materials, new documents, and exclusive access to Perkins’s family members and friends, this biography is the first complete portrait of a devoted public servant with a passionate personal life, a mother who changed the landscape of American business and society.Frances Perkins was named Secretary of Labor by Franklin Roosevelt in 1933. As the first female cabinet secretary, she spearheaded the fight to improve the lives of America’s working people while juggling her own complex family responsibilities. Perkins’s ideas became the cornerstones of the most important social welfare and legislation in the nation’s history, including unemployment compensation, child labor laws, and the forty-hour work week. Arriving in Washington at the height of the Great Depression, Perkins pushed for massive public works projects that created millions of jobs for unemployed workers. She breathed life back into the nation’s labor movement, boosting living standards across the country. As head of the Immigration Service, she fought to bring European refugees to safety in the United States. Her greatest triumph was creating Social Security. Written with a wit that echoes Frances Perkins’s own, award-winning journalist Kirstin Downey gives us a riveting exploration of how and why Perkins slipped into historical oblivion, and restores Perkins to her proper place in history.