Book picks similar to
Uncertain Justice: The Roberts Court and the Constitution by Laurence H. Tribe
non-fiction
nonfiction
law
politics
The Mueller Report
Robert S. Mueller III - 2019
This investigation includes any possible links or coordination between Donald Trump's presidential campaign and the Russian government, "and any matters that arose or may arise directly from the investigation." The scope of the investigation reportedly includes potential obstruction of justice by Trump and others. The investigation, since it began on May 17, 2017, has been conducted by the United States Department of Justice Special Counsel's Office, headed by Robert Mueller, a Republican and former Director of the Federal Bureau of Investigation (FBI). This book chronicles the legal actions Mueller has taken against Trumps associates in the 2016 Presidential Elections.
We the Corporations: How American Businesses Won Their Civil Rights
Adam Winkler - 2018
Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.
The Curse of Bigness: Antitrust in the New Gilded Age
Tim Wu - 2018
But concern over what Louis Brandeis called the "curse of bigness" can no longer remain the province of specialist lawyers and economists, for it has spilled over into policy and politics, even threatening democracy itself. History suggests that tolerance of inequality and failing to control excessive corporate power may prompt the rise of populism, nationalism, extremist politicians, and fascist regimes. In short, as Wu warns, we are in grave danger of repeating the signature errors of the twentieth century.In The Curse of Bigness, Columbia professor Tim Wu tells of how figures like Brandeis and Theodore Roosevelt first confronted the democratic threats posed by the great trusts of the Gilded Age--but the lessons of the Progressive Era were forgotten in the last 40 years. He calls for recovering the lost tenets of the trustbusting age as part of a broader revival of American progressive ideas as we confront the fallout of persistent and extreme economic inequality.
Storm Center: The Supreme Court in American Politics
David M. O'Brien - 1986
In a balanced treatment of the Court's power and curbs on its power, O'Brien (government and foreign affairs, U. of Virginia) expands discussion of how changes in the Court's compos
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 Second Amendment
Michael Waldman - 2014
Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the 20th century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun.The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions.In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.
The Nine: Inside the Secret World of the Supreme Court
Jeffrey Toobin - 2007
An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.
The Red and the Blue: The 1990s and the Birth of Political Tribalism
Steve Kornacki - 2018
For Clinton, that meant contorting himself around the various factions of the Democratic party to win the presidency. Gingrich employed a scorched-earth strategy to upend the permanent Republican minority in the House, making him Speaker. The Clinton/Gingrich battles were bare-knuckled brawls that brought about massive policy shifts and high-stakes showdowns—their collisions had far-reaching political consequences. But the ’90s were not just about them. Kornacki writes about Mario Cuomo’s stubborn presence around Clinton’s 1992 campaign; Hillary Clinton’s star turn during the 1998 midterms, seeding the idea for her own candidacy; Ross Perot’s wild run in 1992 that inspired him to launch the Reform Party, giving Donald Trump his first taste of electoral politics in 1999; and many others. With novelistic prose and a clear sense of history, Steve Kornacki masterfully weaves together the various elements of this rambunctious and hugely impactful era in American history, whose effects set the stage for our current political landscape.
The Assault on Intelligence: American National Security in an Age of Lies
Michael V. Hayden - 2018
Meanwhile, the world order is teetering on the brink. North Korea is on the verge of having a nuclear weapon that could reach all of the United States, Russians have mastered a new form of information warfare that undercuts democracy, and the role of China in the global community remains unclear. There will always be value to experience and expertise, devotion to facts, humility in the face of complexity, and a respect for ideas, but in this moment they seem more important, and more endangered, than they've ever been. American Intelligence--the ultimate truth teller--has a responsibility in a post-truth world beyond merely warning of external dangers, and in The Assault on Intelligence, General Michael Hayden takes up that urgent work with profound passion, insight and authority. It is a sobering vision. The American intelligence community is more at risk than is commonly understood, for every good reason. Civil war or societal collapse is not necessarily imminent or inevitable, but our democracy's core structures, processes, and attitudes are under great stress. Many of the premises on which we have based our understanding of governance are now challenged, eroded, or simply gone. And we have a President in office who responds to overwhelming evidence from the intelligence community that the Russians are, by all acceptable standards of cyber conflict, in a state of outright war against us, not by leading a strong response, but by shooting the messenger. There are fundamental changes afoot in the world and in this country. The Assault on Intelligence shows us what they are, reveals how crippled we've become in our capacity to address them, and points toward a series of effective responses. Because when we lose our intelligence, literally and figuratively, democracy dies.
Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices
Noah Feldman - 2010
A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.
The Most Dangerous Branch: Inside the Supreme Court's Assault on the Constitution
David A. Kaplan - 2018
David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government--and how we've come to accept it at our peril. It is the nine justices who too often now decide the controversial issues of our time--from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch--the key decision of his new administration. Brett Kavanaugh--replacing Kennedy--will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work?
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 Threat: How the FBI Protects America in the Age of Terror and Trump
Andrew G. McCabe - 2019
McCabe was fired from his position as deputy director of the FBI. President Donald Trump celebrated on Twitter: "Andrew McCabe FIRED, a great day for the hard working men and women of the FBI - A great day for Democracy."In The Threat: How the FBI Protects America in the Age of Terror and Trump, Andrew G. McCabe offers a dramatic and candid account of his career, and an impassioned defense of the FBI's agents, and of the institution's integrity and independence in protecting America and upholding our Constitution.McCabe started as a street agent in the FBI's New York field office, serving under director Louis Freeh. He became an expert in two kinds of investigations that are critical to American national security: Russian organized crime—which is inextricably linked to the Russian state—and terrorism. Under Director Robert Mueller, McCabe led the investigations of major attacks on American soil, including the Boston Marathon bombing, a plot to bomb the New York subways, and several narrowly averted bombings of aircraft. And under James Comey, McCabe was deeply involved in the controversial investigations of the Benghazi attack, the Clinton Foundation's activities, and Hillary Clinton's use of a private email server when she was secretary of state.The Threat recounts in compelling detail the time between Donald Trump's November 2016 election and McCabe's firing, set against a page-turning narrative spanning two decades when the FBI's mission shifted to a new goal: preventing terrorist attacks on Americans. But as McCabe shows, right now the greatest threat to the United States comes from within, as President Trump and his administration ignore the law, attack democratic institutions, degrade human rights, and undermine the U.S. Constitution that protects every citizen.Important, revealing, and powerfully argued, The Threat tells the true story of what the FBI is, how it works, and why it will endure as an institution of integrity that protects America.
Gideon's Trumpet
Anthony Lewis - 1964
To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."
The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States
National Commission on Terrorist Attacks Upon The United States - 2004
In Lower Manhattan, on a field in Pennsylvania, and along the banks of the Potomoc, the United States suffered the single largest loss of life from an enemy attack on its soil.In November 2002 the United States Congress and President George W. Bush established by law the National Commission on Terrorist Attacks Upon the United States, also known as the 9/11 Commission. This independent, bipartisan panel was directed to examine the facts and circumstances surrounding the September 11 attacks, identify lessons learned, and provide recommendations to safeguard against future acts of terrorism. This volume is the authorized edition of the Commission's final report. This volume is the authorized edition of the Commission's final report.