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.

Gag Rule: On the Suppression of Dissent and the Stifling of Democracy


Lewis H. Lapham - 2004
    Never before, Lapham argues, have voices of protest been so locked out of the mainstream conversation, so marginalized and muted by a government that recklessly disregards civil liberties. In the midst of the “war on terror,” we face a crisis of democracy as serious as any in our history. Gag Rule is a rousing and necessary call to action in defense of the right to raise our voices and have those voices heard.

Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America


Adam Cohen - 2020
    But when Warren announced his retirement in 1968, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with others more loyal to his views. During his six years in office, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years.In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from a pro-corporate agenda. Contrary to what Americans might like to believe, the Court does not protect equally the rights of the poor and disadvantaged, and, in fact, hasn't for decades. Many of the greatest successes of the Warren Court, such as school desegregation, labor unions, voting rights, and class action suits, have been abandoned in favor of rulings that protect privileged Americans who tend to be white, wealthy, and powerful.As the nation comes to grips with two newly Trump-appointed justices, Cohen proves beyond doubt that the trajectory of today's Court is the result of decisions made fifty years ago, decisions that have contributed directly and grievously to our nation's soaring inequality. An triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and should shake to its core any optimistic faith we might have in it to provide checks and balances.

The Conservative Assault on the Constitution


Erwin Chemerinsky - 2010
    Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American.As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion.Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people.Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect.The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.

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.

Democracy in Chains: The Deep History of the Radical Right's Stealth Plan for America


Nancy MacLean - 2017
    The capitalist radical right has been working not simply to change who rules, but to fundamentally alter the rules of democratic governance. But billionaires did not launch this movement; a white intellectual in the embattled Jim Crow South did. Democracy in Chains names its true architect—the Nobel Prize-winning political economist James McGill Buchanan—and dissects the operation he and his colleagues designed over six decades to alter every branch of government to disempower the majority.In a brilliant and engrossing narrative, Nancy MacLean shows how Buchanan forged his ideas about government in a last gasp attempt to preserve the white elite’s power in the wake of Brown v. Board of Education. In response to the widening of American democracy, he developed a brilliant, if diabolical, plan to undermine the ability of the majority to use its numbers to level the playing field between the rich and powerful and the rest of us. Corporate donors and their right-wing foundations were only too eager to support Buchanan’s work in teaching others how to divide America into “makers” and “takers.” And when a multibillionaire on a messianic mission to rewrite the social contract of the modern world, Charles Koch, discovered Buchanan, he created a vast, relentless, and multi-armed machine to carry out Buchanan’s strategy. Without Buchanan's ideas and Koch's money, the libertarian right would not have succeeded in its stealth takeover of the Republican Party as a delivery mechanism. Now, with Mike Pence as Vice President, the cause has a longtime loyalist in the White House, not to mention a phalanx of Republicans in the House, the Senate, a majority of state governments, and the courts, all carrying out the plan. That plan includes harsher laws to undermine unions, privatizing everything from schools to health care and Social Security, and keeping as many of us as possible from voting. Based on ten years of unique research, Democracy in Chains tells a chilling story of right-wing academics and big money run amok. This revelatory work of scholarship is also a call to arms to protect the achievements of twentieth-century American self-government.

Coming Apart: The State of White America, 1960-2010


Charles Murray - 2012
    In Coming Apart, Charles Murray explores the formation of American classes that are different in kind from anything we have ever known, focusing on whites as a way of driving home the fact that the trends he describes do not break along lines of race or ethnicity. Drawing on five decades of statistics and research, Coming Apart demonstrates that a new upper class and a new lower class have diverged so far in core behaviors and values that they barely recognize their underlying American kinship—divergence that has nothing to do with income inequality and that has grown during good economic times and bad. The top and bottom of white America increasingly live in different cultures, Murray argues, with the powerful upper class living in enclaves surrounded by their own kind, ignorant about life in mainstream America, and the lower class suffering from erosions of family and community life that strike at the heart of the pursuit of happiness. That divergence puts the success of the American project at risk. The evidence in Coming Apart is about white America. Its message is about all of America.

How Democratic Is the American Constitution?


Robert A. Dahl - 2001
    Dahl . . . is about as covered in honors as a scholar can be. . . . He knows what he is talking about. And he thinks that the Constitution has something the matter with it.”—Hendrik Hertzberg, New Yorker  “A devastating attack on the undemocratic character of the American Constitution.”—Gordon S. Wood, New York Review of Books   In this provocative book, one of our most eminent political scientists poses the question, “Why should Americans uphold their constitution?” The vast majority of Americans venerate the Constitution and the democratic principles it embodies, but many also worry that the United States has fallen behind other nations on crucial issues, including economic equality, racial integration, and women’s rights. Robert Dahl explores this vital tension between the Americans’ belief in the legitimacy of their constitution and their belief in the principles of democracy. Dahl starts with the assumption that the legitimacy of the American Constitution derives solely fromits utility as an instrument of democratic governance. Dahl demonstrates that, due to the context in which it was conceived, our constitution came to incorporate significant antidemocratic elements. Because the Framers of the Constitution had no relevant example of a democratic political system on which to model the American government, many defining aspects of our political system were implemented as a result of short-sightedness or last-minute compromise. Dahl highlights those elements of the American system that are most unusual and potentially antidemocratic: the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system. The political system that emerged from the world’s first great democratic experiment is unique—no other well-established democracy has copied it. How does the American constitutional system function in comparison to other democratic systems? How could our political system be altered to achieve more democratic ends? To what extent did the Framers of the Constitution build features into our political system that militate against significant democratic reform? Refusing to accept the status of the American Constitution as a sacred text, Dahl challenges us all to think critically about the origins of our political system and to consider the opportunities for creating a more democratic society.

The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom


Robert A. Levy - 2008
    In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your right to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; seize your private property, without compensation, when someone uses the property for criminal activity-even if you don't know about it.

Kingdom Coming: The Rise of Christian Nationalism


Michelle Goldberg - 2006
    Before the 2004 election, and during the ensuing months when many Americans were trying to understand how an administration marked by cronyism, disregard for the national budget, and poorly disguised self-interest had been reinstated, Goldberg traveled through the heartland of a country in the grips of a fevered religious radicalism: the America of our time. From the classroom to the mega-church to the federal court, she saw how the growing influence of dominionism-the doctrine that Christians have the right to rule nonbelievers-is threatening the foundations of democracy.In Kingdom Coming, Goldberg demonstrates how an increasingly bellicose fundamentalism is gaining traction throughout our national life, taking us on a tour of the parallel right-wing evangelical culture that is buoyed by Republican political patronage. Deep within the red zones of a divided America, we meet military retirees pledging to seize the nation in Christ's name, perfidious congressmen courting the confidence of neo-confederates and proponents of theocracy, and leaders of federally funded programs offering Jesus as the solution to the country's social problems.With her trenchant interviews and the telling testimonies of the people behind this movement, Goldberg gains access into the hearts and minds of citizens who are striving to remake the secular Republic bequeathed by our founders into a Christian nation run according to their interpretation of scripture. In her examination of the ever-widening divide between believers and nonbelievers, Goldberg illustrates the subversive effect of this conservative stranglehold nationwide. In an age when faith rather than reason is heralded and the values of the Enlightenment are threatened by a mystical nationalism claiming divine sanction, Kingdom Coming brings us face to face with the irrational forces that are remaking much of America.

What Is Populism?


Jan-Werner Müller - 2014
    But what exactly is populism? Should everyone who criticizes Wall Street or Washington be called a populist? What precisely is the difference between right-wing and left-wing populism? Does populism bring government closer to the people or is it a threat to democracy? Who are "the people" anyway and who can speak in their name? These questions have never been more pressing.In this groundbreaking volume, Jan-Werner MUller argues that at populism's core is a rejection of pluralism. Populists will always claim that they and they alone represent the people and their true interests. MUller also shows that, contrary to conventional wisdom, populists can govern on the basis of their claim to exclusive moral representation of the people: if populists have enough power, they will end up creating an authoritarian state that excludes all those not considered part of the proper "people." The book proposes a number of concrete strategies for how liberal democrats should best deal with populists and, in particular, how to counter their claims to speak exclusively for "the silent majority" or "the real people."Analytical, accessible, and provocative, What Is Populism? is grounded in history and draws on examples from Latin America, Europe, and the United States to define the characteristics of populism and the deeper causes of its electoral successes in our time.

Let the People Pick the President: The Case for Abolishing the Electoral College


Jesse Wegman - 2020
    Lawmakers have tried to amend or abolish it more than 700 times. To this day, millions of voters, and even members of Congress, misunderstand how it works. It deepens our national divide and distorts the core democratic principles of political equality and majority rule. How can we tolerate the Electoral College when every vote does not count the same, and the candidate who gets the most votes can lose?Twice in the last five elections, the Electoral College has overridden the popular vote, calling the integrity of the entire system into question—and creating a false picture of a country divided into bright red and blue blocks when in fact we are purple from coast to coast. Even when the popular-vote winner becomes president, tens of millions of Americans—Republicans and Democrats alike—find that their votes didn't matter. And, with statewide winner-take-all rules, only a handful of battleground states ultimately decide who will become president.Now, as political passions reach a boiling point at the dawn of the 2020 race, the message from the American people is clear: The way we vote for the only official whose job it is to represent all Americans is neither fair nor just. Major reform is needed—now. Isn't it time to let the people pick the president?In this thoroughly researched and engaging call to arms, Supreme Court journalist and New York Times editorial board member Jesse Wegman draws upon the history of the founding era, as well as information gleaned from campaign managers, field directors, and other officials from twenty-first-century Democratic and Republican presidential campaigns, to make a powerful case for abolishing the antiquated and antidemocratic Electoral College. In Let the People Pick the President he shows how we can at long last make every vote in the United States count—and restore belief in our democratic system.

Failed States: The Abuse of Power and the Assault on Democracy


Noam Chomsky - 2006
    سیاست امروز

The Challenge: Hamdan v. Rumsfeld and the Fight Over Presidential Power


Jonathan Mahler - 2008
    forces in Afghanistan. After he had confessed to being Osama bin Laden's driver, Hamdan was transferred to Guantanamo Bay, and he was soon designated by President Bush for trial before a special military tribunal. The Pentagon assigned a military defense lawyer to represent him, a boyish-looking thirtyfive-year-old graduate of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. The rules of the tribunals, America's first in more than fifty years, were stacked against him--and that is assuming that his superiors didn't expect him to throw the game altogether. Instead, Swift enlisted the help of a young constitutional law professor at Georgetown, Neal Katyal, to help him sue the Bush administration over the legality of the tribunals. In the spring of 2006, Katyal argued the case, Hamdan v. Rumsfeld, before the Supreme Court and won. Written with the full cooperation of Swift and Katyal, Hamdan v. Rumsfeld is the inside story of this seminal case, perhaps the most important decision on presidential power and the rule of law in the history of the Supreme Court, as told by a writer for The New York Times Magazine, Jonathan Mahler follows the story both of Swift's relationship with Hamdan, in particular his struggle to keep his client alive in Guantanamo, and of the unprecedented legal case itself. It is a legal thriller in the spirit of A Civil Action, set against the backdrop of the war on terror and the battle over presidential power.

Twilight of the Elites: America After Meritocracy


Christopher L. Hayes - 2012
    In the wake of the Fail Decade, Americans have historically low levels of trust in their institutions; the social contract between ordinary citizens and elites lies in tatters.How did we get here? With Twilight of the Elites, Christopher Hayes offers a radically novel answer. Since the 1960s, as the meritocracy elevated a more diverse group of men and women into power, they learned to embrace the accelerating inequality that had placed them near the very top. Their ascension heightened social distance and spawned a new American elite--one more prone to failure and corruption than any that came before it.Mixing deft political analysis, timely social commentary, and deep historical understanding, Twilight of the Elites describes how the society we have come to inhabit – utterly forgiving at the top and relentlessly punitive at the bottom – produces leaders who are out of touch with the people they have been trusted to govern. Hayes argues that the public's failure to trust the federal government, corporate America, and the media has led to a crisis of authority that threatens to engulf not just our politics but our day-to-day lives.Upending well-worn ideological and partisan categories, Hayes entirely reorients our perspective on our times. Twilight of the Elites is the defining work of social criticism for the post-bailout age.