Book picks similar to
Changing Laws, Saving Lives by Randi McGinn
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Democracy and Distrust: A Theory of Judicial Review
John Hart Ely - 1980
Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
The Logic of American Politics
Samuel Kernell - 1999
political system.
The Memory Stones: Forgiveness is a Journey in Time
Lewis Pennington - 2021
As guilt and remorse overtake him, he seeks atonement through death on the battlefield. With the help of an ordinary-looking stone given to him by Spoon’s mother, he is transported through time. When he realizes he can redeem himself by altering his actions, he suddenly has hope. The reality-bending journey that ensues takes him to present-day New York City and then back to Civil War-era South Carolina, requiring him to navigate a myriad of desperate challenges. With more than a century of guilt weighing him down, he battles himself, Yankee troops, nature’s elements, and a nemesis that follows him through time. Set against an ominous ticking clock counting toward a deadly showdown that could cost him the love of his life, all odds are stacked against him.
Scalia: A Court of One
Bruce Allen Murphy - 2014
His sterling academic and legal credentials led to his nomination by President Ronald Reagan to the Court of Appeals for the DC Circuit in 1982. In four short years there, he successfully outmaneuvered the more senior Robert Bork to be appointed to the Supreme Court in 1986.Scalia’s evident legal brilliance and personal magnetism led everyone to predict he would unite a new conservative majority under Chief Justice William Rehnquist and change American law in the process. Instead he became a Court of One. Rather than bringing the conservatives together, Scalia drove them apart. He attacked and alienated his more moderate colleagues Sandra Day O’Connor, then David Souter, and finally Anthony Kennedy. Scalia prevented the conservative majority from coalescing for nearly two decades.Scalia: A Court of One is the compelling story of one of the most polarizing figures ever to serve on the nation’s highest court. It provides an insightful analysis of Scalia’s role on a Court that, like him, has moved well to the political right, losing public support and ignoring public criticism. To the delight of his substantial conservative following, Scalia’s “originalism” theory has become the litmus test for analyzing, if not always deciding, cases. But Bruce Allen Murphy shows that Scalia’s judicial conservatism is informed as much by his highly traditional Catholicism, mixed with his political partisanship, as by his reading of the Constitution. Murphy also brilliantly analyzes Scalia’s role in major court decisions since the mid-1980s and scrutinizes the ethical controversies that have dogged Scalia in recent years. A Court of One is a fascinating examination of one outspoken justice’s decision not to play internal Court politics, leaving him frequently in dissent, but instead to play for history, seeking to etch his originalism philosophy into American law.
Debating the Death Penalty: Should America Have Capital Punishment? the Experts on Both Sides Make Their Best Case
Hugo Bedau - 2004
Few controversies continue to stir as much emotion as this one, andpublic confusion is often the result. This volume brings together seven experts--judges, lawyers, prosecutors, and philosophers--to debate the death penalty in a spirit of open inquiry and civil discussion. Here, as the contributors present their reasons for or against capital punishment, the multiple facets of the issue arerevealed in clear and thought-provoking detail. Is the death penalty a viable deterrent to future crimes? Does the imposition of lesser penalties, such as life imprisonment, truly serve justice in cases of the worst offences? Does the legal system discriminate against poor or minority defendants? Isthe possibility of executing innocent persons sufficient grounds for abolition? In confronting such questions and making their arguments, the contributors marshal an impressive array of evidence, both statistical and from their own experiences working on death penalty cases. The book also includes the text of Governor George Ryan's March 2002 speech in which he explainedwhy he had commuted the sentences of all prisoners on Illinois's death row. By representing the viewpoints of experts who face the vexing questions about capital punishment on a daily basis, Debating the Death Penalty makes a vital contribution to a more nuanced understanding of the moral and legal problems underlying this controversy.
Law School for Everyone: Constitutional Law
Eric Berger - 2019
It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the United States. In these 12 lectures, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights. Taking you through all three branches of the federal government, Professor Berger uses some of the most important legal cases in the United States to probe the open-ended nature of the Constitution’s language and illustrate how legal reasoning has defined the power relationships that the Constitution governs. You’ll examine pivotal Supreme Court cases to learn how interpreting the Constitution has radically affected American society. You’ll consider the Supreme Court’s role in deciding - and sometimes avoiding - questions of constitutionality. And you’ll investigate how changes in public opinion can influence how the Supreme Court interprets the Constitution. While the open-ended nature of the Constitution’s language makes constitutional law often uncertain, these lectures offer you a better understanding of its many nuances, as well as its profound importance for the future of the United States.
The Curious Case of Kiryas Joel: The Rise of a Village Theocracy and the Battle to Defend the Separation of Church and State
Louis Grumet - 2016
The rapidly growing sect had bought land in rural Upstate New York, populated it solely with members of its faction, and created a village called Kiryas Joel that exerted extraordinary political pressure over both political parties. Marking the first time in American history that a governmental unit was established for a religious group, the legislature’s action prompted years of litigation that eventually went to the US Supreme Court.As today’s Supreme Court signals its willingness to view a religious viewpoint like any other speech and accord it equal protection, the 1994 case, Board of Education of Kiryas Joel Village School District v. Grumet, stands as the most important legal precedent in the fight to uphold the separation of church and state. In The Curious Case of Kiryas Joel, plaintiff Louis Grumet opens a window onto the Satmar Hasidic community, where language, customs, and dress have led to estrangement from and clashes with neighboring communities, and details the inside story of his fight for the First Amendment and against New York’s most powerful politicians.Informed by numerous interviews with key figures such as Governor George Pataki, media accounts, court transcripts, and more, The Curious Case of Kiryas Joel not only tantalizes with a peek at cynical power politics driven by votes and Supreme Court justice squabbling and negotiation; it also provides an important demonstration of how a small, insular, and politically savvy religious group can grasp legal and political power. This story—a blend of politics, religion, cultural clashes, and constitutional tension—is an object lesson in the ongoing debate over freedom of versus freedom from religion.
Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case
Alan M. Dershowitz - 1996
Using the O.J. Simpson murder case as the backdrop, Reasonable Doubts explores the larger issues that shape our country's legal system.Chosen to prepare the appeal should O.J. Simpson be convicted, Alan Dershowitz is uniquely suited to deconstruct the case in order to use it in understanding the modern criminal justice system. The crucial questions raised by the O.J. Simpson case, and Dershowitz's answers, invite a reassessment not only of the case itself, but also of the strengths—and weaknesses—of the legal system in America today.
From Freedom To Slavery: The Rebirth of Tyranny in America
Gerry Spence - 1993
In this underground bestseller, which has come to define Spence's political philosophy, he speaks out against the destructive forces in America today-forces of government and corporate tyranny that are robbing us of our freedom-and he warns us that time is running out.In a dramatic new chapter, presented for the first time in a trade paperback edition, Spence recounts in astonishing detail the government shoot-out at Ruby Ridge and the resulting trial of separatist Randy Weaver, revealing the important lessons we must learn from this tragic case.Finally, Spence makes the eloquent case that we, as Americans, have delivered our freedoms to new masters: corporate and governmental conglomerates, our biased court system, and the censored media. From Freedom to Slavery is an urgent work that urges us to resist this tyranny, a book that must be read and discussed by all concerned citizens of our troubled land.
The Hidden History of the Supreme Court and the Betrayal of America
Thom Hartmann - 2019
Supreme Court in this punchy polemic." --Publishers WeeklyThom Hartmann, the most popular progressive radio host in America and a New York Times bestselling author, lays out a sweeping and largely unknown history of the Supreme Court of the United States, from Alexander Hamilton's arguments against judicial review to modern-day debates, with key examples of cases where the Supreme Court overstepped its constitutional powers using the excuse of judicial review, and possible solutions.Hartmann explains how the Supreme Court has spilled beyond its Constitutional powers in a series of rulings, including how it turned our elections over to American and foreign oligarchs with twin decisions in the 1970s, setting the stage for the very richest of that day to bring Ronald Reagan to power.You'll hear the story of a series of Republican presidents who used fraud and treason to secure their elections, and how the GOP knew it but looked the other way because "the Court is hanging in the balance." A court that then went on to gut hundreds of pieces of progressive legislation, as Republicans had hoped.Ironically, Hartmann points out, John Roberts (now the Court's Chief Justice), when he worked for Ronald Reagan in the 1980s, came up with a novel theory about how Congress could go around the Supreme Court. His goal was to effectively reverse Roe v. Wade and Brown v. Board, but in the process provides us with an elegant legal argument and legislative solution that could, in an emergency, be used by a progressive Congress and president to clean up much of the damage the Court has done in past decades.Thomas Jefferson argued it is not the role of the Supreme Court to decide what the Constitution means, but rather the duty of the people themselves (and how they can do it). America may soon be forced to decide if it's going to continue to be governed as a constitutional monarchy, with nine unelected royals who have final say on everything, or if we are to revert to being a democratic republic as was largely the case before the late 1800s when America's first industrial era oligarchs corrupted the Court.
The Canadian Manifesto
Conrad Black - 2019
It is our turn," writes Conrad Black in this scintillating manifesto for how Canada can achieve an exalted role in world affairs. For over 400 years we have toiled in the shadows of our potential and achieved an indifferent recognition among other nations. Chipper, patient, and courteous, we have pursued an improbable destiny as a splendid nation in the northern section of the new world, a demi-continent of relatively good and ably self-governing people, but most would agree we have neither developed a vivid national personality nor realized our true potential. Our main chance, writes Black, is now before us and it is not in the usual realms of military or economic dominance. With the rest of the West engaged in a sterile and platitudinous left-right tug of war, Canada has the opportunity to lead the advanced world to its next stage of development in the arts of government. By transforming itself into a controlled and sensible public policy laboratory, it can forge new solutions to the tiresome problems besetting welfare, education, health care, foreign policy, and other governmental sectors the world over, and make an enormous contribution to the welfare of mankind. Canada has no excuse not to lead in this field, argues Black, who offers nineteen visionary policy proposals of his own. "This is the destiny, and the vocation, Canada could have, not in the next century, but in the next five years of imaginative government.
Drug Wars: The terrifying inside story of Britain’s drug trade
Neil Woods - 2018
Suddenly the van is surrounded by men in balaclavas and tied shut. Out comes the can of petrol. It is set alight and the two cops inside barely escape with their lives. This incident is never reported. The gangsters clearly have informants inside the police and alerting the public would undermine the force. Everyone shrugs it off – with so much money in the drugs game, corruption is part and parcel of the whole deal' The Drug Wars have been fought on British streets for decades, bringing destruction, corruption and violence in their wake. Yet it is a story that remains fundamentally untold. Until now. In this groundbreaking book, former undercover police officer Neil Woods, who risked his life infiltrating some of the UK's most vicious gangs, pieces together the complex and terrifying reality of the drug war in Britain. Calling upon gripping first-hand accounts from those on both sides of the battle, Drug Wars is told by those who are fighting it.
Congress-Mukt Bharat
Amit Bagaria - 2021
For the first 92 years, the 135-year-old party was headed by a Nehru-Gandhi family member for only 11 years, even though Nehru and Indira were collectively the PM of India for 28 years. Then things changed. Indira was the party president for seven consecutive years, and succeeded by her son Rajiv Gandhi for six years. After Rajiv’s assassination in 1991, PV Narasimha Rao was party president for five years. Sitaram Kesri was the next Congress president for 18 months. Enter Sonia Gandhi. Barring a 20-month period when her son Rahul held the post, she has been Congress president for 23 years. During her ‘reign’, the party has seen an average 31.6% decline in vote share and a 50.2% reduction in seats in the Lok Sabha. Due to her not allowing a proper election for the post of party president — as was the norm for the first 92 years — the Congress is collapsing. Ever since the Modi-led NDA routed the party in 2014, several Congressmen have been complaining about “lack of effective leadership.” Narendra Modi. Whether you admire him or belittle him, adore him or chastise him, praise him or ridicule him, love him or hate him, no Indian can pretend to ignore the man. Since September 2013, he has been the biggest newsmaker in India . On 15th August 2020, Modi became the longest-serving non-Congress PM of India. The first three chapters of this easy-to-read book are about Congress party’s corruption. The next three analyse the 2019 elections in great detail. Then, there is a chapter about the Left Front and one on the Congress’ performance in each state since Sonia became the chief. The next eight chapters are about Modi, his successes, his failures, and the work he has done in 80 months. The longest chapter, divided into 14 sections, details the successes and failures of India’s 14 prime ministers. “Is Congress Becoming Anti-India” and “Congress-Mukt Bharat” are the final two chapters. The Appendix lays out ‘Agenda 2024’ for India.
Clarence Thomas and the Lost Constitution
Myron Magnet - 2019
He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people's representatives with rules made by highly educated, modern, supposedly nonpartisan "experts," an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson's dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age.But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR's batch, had deep misgivings about the new governmental order. He shared the framers' vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court--the most important of them explained in these pages in clear, non-lawyerly language--he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed.A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas's biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America's future depends on the power of its culture and institutions to form ever more citizens of this stamp.