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.

    

    Constitution in this incisive new account of our most basic charter of liberty. Akhil Reed Amar brilliantly illuminates in rich detail not simply the text, structure, and history of individual clauses of the 1789 Bill, but their intended relationships to each other and to other constitutional provisions. Amar’s corrective does not end there, however, for as his powerful narrative proves, a later generation of antislavery activists profoundly changed the meaning of the Bill in the Reconstruction era. With the Fourteenth Amendment, Americans underwent a new birth of freedom that transformed the old Bill of Rights. We have as a result a complex historical document originally designed to protect the people against self-interested government and revised by the Fourteenth Amendment to guard minority against majority. In our continuing battles over freedom of religion and expression, arms bearing, privacy, states’ rights, and popular sovereignty, Amar concludes, we must hearken to both the Founding Fathers who created the Bill and their sons and daughters who reconstructed it. Amar’s landmark work invites citizens to a deeper understanding of their Bill of Rights and will set the basic terms of debate about it for modern lawyers, jurists, and historians for years to come.

    It is a sure recipe for losing respect for the institution. Media commentators are swift to dismiss the institution as outdated and elitist, an anachronism that should be replaced by a direct popular vote. In recent years, this discontent has found a voice as a well-funded, California-based effort seeks to bypass the constitutional amendment process and effectively eliminate the Electoral College through a series of state laws. Such efforts to eliminate the Electoral College are misguided, and this book shows why. Written in straightforward language, Enlightened Democracy traces the history of the Electoral College from the Constitutional Convention to the present. This second edition of the book is revised and expanded to include a new section about the National Popular Vote legislative effort. The Electoral College protects our republic and promotes our liberty. Americans should defend their unique presidential election system at all costs.

    If anyone knows how the U.S.A. should work, they did and they still do. Richard Brookhiser has been writing, talking, and thinking about the Founders for years. Now he channels them. What would Hamilton think about free trade? What would Franklin make of the national obsession with values? What would Washington say about gays in the military? Examining a host of issues from terrorism to women's rights to gun control, Brookhiser reveals why we still turn to the Founders in moments of struggle, farce, or disaster--just as Lincoln, FDR, Martin Luther King, Jr., and Bill Clinton have done before us. Written with Brookhiser's trademark eloquence--and a good dose of wit--while drawing on his deep knowledge of American history, What Would the Founders Do? sheds new light on the disagreements and debates that have shaped our country from the beginning. Brookhiser challenges us to think and act with the clarity that the Founders brought to the task of making a democratic country. Now, more than ever, we need these creators of America--argumentative, expansive, funny know-it-alls--to help us solve the issues that threaten to divide us.

    All of Darrow's most celebrated pleas are here—in defense of Leopold and Loeb (1924), of Lieutenant Massie (1932), of Big Bill Haywood (1907), of Thomas Scopes (1925), and of himself for attempted bribery."—The New Yorker

    His landmark analysis shows how the notion of popular sovereignty—the unexpected offspring of an older, equally fictional notion, the "divine right of kings"—has worked in our history and remains a political force today.

    Drafted by Thomas Jefferson, the Declaration set forth the terms of a new form of government with the following words: "We hold these Truths to be self-evident, that all men are created equal, that they are endowed with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness."Framed in 1787 and in effect since March 1789, the Constitution of the United States of America fulfilled the promise of the Declaration by establishing a republican form of government with separate executive, legislative, and judicial branches. The first ten amendments, known as the Bill of Rights, became part of the Constitution on December 15, 1791. Among the rights guaranteed by these amendments are freedom of speech, freedom of the press, freedom of religion, and the right to trial by jury. Written so that it could be adapted to endure for years to come, the Constitution has been amended only seventeen times since 1791 and has lasted longer than any other written form of government.

    For the Amendment gives to the Federal Government first claim upon the earnings of the individual, and so infringes his natural right to own what he produces.With its graduated-tax provision, the Income Tax Amendment is a replica of that clause in the Communist Manifesto which provides for the confiscation of all property through the use of just such a tax.Not only is the individual citizen's liberty partitioned by the Amendment, but the several states are deprived of their Constitutional sovereignty, and the central Federal Government is overstrengthened at their expense. This growth of centralized power is a development which generations of Americans fought stubbornly to prevent.And the Federal Government, by the very nature of government itself, increases its "needs" in accordance with its means of revenue. Reduce Federal income, argues Frank Chodorov, and Federal "needs" will automatically be reduced.The author takes a forthright stand as he defines the immoral nature of income taxation and the fallacy of using to "level off" society. And finally he outlines what can be done to repeal the Income Tax Amendment, bearing in mind the Federal Government's legitimate need for revenue.

    Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights. Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.

    As of January 14, 2016, this is an unverified document. NOTE: this document has been reformatted for the Kindle. It can be searched, bookmarked, annotated, etc. It is not a dump of the PDF.

     When her wagon train was 8 miles from Fort Laramie, Wyoming, a Sioux Oglalas war party, in war-paint, suddenly appeared and began to encircle their wagons, pretending to be most friendly and asking for presents. The Indians urged the emigrants on, and offered to accompany them, so that they pushed on in company for a short time, until it was saw that they were approaching a ravine where his party would be at a disadvantage, and he insisted on camping outside of it. The Indians, after some hesitation, agreed, and the travellers began to make preparations for supper, when suddenly the Indians fired a volley at them. Some of those who escaped the attack succeeded in hiding in the brushwood, but Mrs. Kelly and her adopted daughter, Mary, as well as Mrs. Larimer and her children, became the prisoners of the Indians. After the second night of capture, Larimer and her son Frank managed to escape and were later reunited with her husband at Camp Collins, Colorado Territory. Larimer wrote of her harrowing captivity and escape in her 1871 book "The Capture and Escape: Life Among the Sioux." In describing dangers encountered during their escape from the Indians, Larimer noted: "The horrors of our situation were harassing to contemplate. The wolves seemed congregated upon the highlands, and, awaking from their night’s repose, their wailing cries echoed back from the distant hills with terrific clearness. These prowling creatures abound in that country, where some species attain a great size. Even the buffalo, which does not fear them in the herd, knows his danger when overtaken alone; and the solitary bull, secreted from its hunter, succumbs before the united force of a gang of wolves." Sarah Luse Larimer (1836-1913) was born in Pennsylvania, headed west in 1859 with her husband, living for a while in Allen County, Kansas, where she operated a photographic gallery. In 1864, along with her husband and son the family set out for the mines of Idaho Territory, when their plans were disrupted by Oglalas on the warpath. John Bratt in his 1921 book "Trails of Yesterday" writes of Larimer: "At Sherman Station I became well acquainted with Mrs. Larimer and her son, who kept a general store there, bought and sold ties and cord wood, while her husband had a star route mail contract from Point of Rocks north. There was also a Mrs. Kelly living near the station. These two women and Mrs. Larimer's son had been captured by the Sioux Indians near Fort Laramie. Mrs. Larimer and her son, after two weeks' captivity in the lodge of the chief, stole away one night and though the Indians hunted them day and night, they succeeded in eluding them and got back to the fort, after suffering unmentionable cruelties. Mrs. Kelly, not so fortunate, was taken by the Indians up on the Missouri River and kept with the band over six months." In describing the moment of rescue by a passing wagon train, Larimer writes that "as we sat in this shelter, which proved to be the last, a most joyful and welcome sound greeted our ears —one in which there was no mistake—our own language, spoken by some boys who passed, driving cattle."

    Will has been one of this country’s leading columnists since 1974. He won the Pulitzer Prize for it in 1977. The Wall Street Journal once called him “perhaps the most powerful journalist in America.” In this new collection, he examines a remarkably unsettling thirteen years in our nation’s experience, from 2008 to 2020. Included are a number of columns about court cases, mostly from the Supreme Court, that illuminate why the composition of the federal judiciary has become such a contentious subject. Other topics addressed include the American Revolutionary War, historical figures from Frederick Douglass to JFK, as well as a scathing assessment of how State of the Union Addresses are delivered in the modern day. Mr. Will also offers his perspective on American socialists, anti-capitalist conservatives, drug policy, the criminal justice system, climatology, the Coronavirus, the First Amendment, parenting, meritocracy and education, China, fascism, authoritarianism, Frank Sinatra, Bob Dylan, The Beach Boys, and the morality of enjoying football. American Happiness and Discontents: The Unruly Torrent, 2008-2020 is a collection packed with wisdom and leavened by humor from one the preeminent columnists and intellectuals of our time.

    One of Paine's greatest and most widely read works, considered a classic statement of faith in democracy and egalitarianism, defends the early events of the French Revolution, supports social security for workers, public employment for those in need of work, abolition of laws limiting wages, and other social reforms.

    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.