Book picks similar to
Active Liberty: Interpreting Our Democratic Constitution by Stephen G. Breyer
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The Second Founding: How the Civil War and Reconstruction Remade the Constitution
Eric Foner - 2019
The Reconstruction amendments abolished slavery, guaranteed due process and the equal protection of the law, and equipped black men with the right to vote. The federal government, not the states, was put in charge of enforcement. By grafting the principle of equality onto the Constitution, the amendments marked the second founding of the United States.Eric Foner’s rich, insightful history conveys the dramatic origins of these revolutionary amendments in citizen meetings and political negotiations. He explores the momentous court decisions that then narrowed and even nullified the rights guaranteed in these amendments. Today, issues of birthright citizenship, voting rights, due process, and equal protection are still in dispute, the ideal of equality yet to be achieved.
The World America Made
Robert Kagan - 2012
Although Kagan asserts that much of the current pessimism is misplaced, he warns that if America were indeed to commit “preemptive superpower suicide,” the world would see the return of war among rising nations as they jostle for power; the retreat of democracy around the world as Vladimir Putin’s Russia and authoritarian China acquire more clout; and the weakening of the global free-market economy, which the United States created and has supported for more than sixty years. We’ve seen this before—in the breakdown of the Roman Empire and the collapse of the European order in World War I. Potent, incisive, and engaging, The World America Made is a reminder that the American world order is worth preserving, and America dare not decline.
Impeachment: An American History
Jeffrey A. Engel - 2018
Designed to check tyrants or defend the nation from a commander-in-chief who refuses to do so, the process of impeachment outlined in the Constitution is what Thomas Jefferson called "the most formidable weapon for the purpose of a dominant faction that was ever contrived." It nullifies the will of voters, the basic foundation of legitimacy for all representative democracies. Only three times has a president's conduct led to such political disarray as to warrant his potential removal from office, transforming a political crisis into a constitutional one. None has yet succeeded. Andrew Johnson was impeached in 1868 for failing to kowtow to congressional leaders--and in a large sense, for failing to be Abraham Lincoln--yet survived his Senate trial. Richard Nixon resigned in July of 1974 after the House Judiciary Committee approved three articles of impeachment for lying, obstructing justice, and employing his executive power for personal and political gain. Bill Clinton had an affair with a White House intern, but in 1999 faced trial in the Senate less for that prurient act than for lying under oath about it.In the first book to consider these three presidents alone, and the one thing they have in common, Jeffrey Engel, Jon Meacham, Timothy Naftali, and Peter Baker explain that the basis and process of impeachment is more political than it is a legal verdict. The Constitution states that the president, "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors," leaving room for historical precedent and the temperament of the time to weigh heavily on each case. These three cases highlight factors beyond the president's behavior that impact the likelihood and outcome of an impeachment: the president's relationship with Congress, the power and resilience of the office itself, and the polarization of the moment. This is a realist, rather than hypothetical, view of impeachment that looks to history for clues about its future--with one obvious candidate in mind.
This Town: Two Parties and a Funeral — plus plenty of valet parking! — in America’s Gilded Capital
Mark Leibovich - 2013
What keeps the permanent government spinning on its carousel is the freedom of shamelessness, and that mother's milk of politics, cash. In Mark Leibovich’s remarkable look at the way things really work in D.C., a funeral for a beloved television star becomes the perfect networking platform, a disgraced political aide can emerge with more power than his boss, campaign losers befriend their vanquishers (and make more money than ever!), "conflict of interest" is a term lost in translation, political reporters are fetishized and worshipped for their ability to get one's name in print, and, well - we're all really friends, aren't we? What Julia Phillips did for Hollywood, Timothy Crouse did for journalists, and Michael Lewis did for Wall Street, Mark Leibovich does for our nation's capital.'
Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice
Joan Biskupic - 2005
She became the axis on which the Supreme Court turned, and it was often said that to gauge the direction of American law, one need look only to O'Connor's vote. Drawing on information gleaned from once-private papers, hundreds of interviews, and the insight gained from nearly two decades of covering the Supreme Court, author Joan Biskupic offers readers a fascinating portrait of a complex and multifaceted woman—lawyer, politician, legislator, and justice, as well as wife, mother, A-list society hostess, and competitive athlete. Biskupic provides an in-depth account of her transformation from tentative jurist to confident architect of American law.
The Audacity to Win: The Inside Story and Lessons of Barack Obama's Historic Victory
David Plouffe - 2009
The Audacity to Win is his story of that groundbreaking achievement, taking readers inside the remarkable campaign that led to the election of the first African American president.For two years Plouffe worked side by side with Obama, charting the course of the campaign. His is the ultimate insider’s tale, revealing both the strategies that delivered Obama to office and how the candidate and campaign handled moments of great challenge and opportunity. Moving from the deliberations about whether to run at all, through the epic primary battle with Hillary Clinton and the general election against John McCain, Plouffe showcases the high-wire gamesmanship that fascinated pundits and the drama and intrigue that captivated a nation.The Audacity to Win chronicles the arrival of a new moment in American life at the convergence of digital technology and grassroots organization, and the exciting possibilities revealed by a campaign that in many ways functioned as a $1 billion start-up with laser-like focus and discipline. In this extraordinary book, David Plouffe unfolds one of the most important political stories of our time, one whose lessons are not limited to politics, but reach to the greatest heights of what we dream about for our country and ourselves.
The Harm in Hate Speech
Jeremy Waldron - 2012
For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.Causing offense--by depicting a religious leader as a terrorist in a newspaper cartoon, for example--is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
A Republic, If You Can Keep It
Neil Gorsuch - 2019
He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”
Rise of the Warrior Cop: The Militarization of America's Police Forces
Radley Balko - 2013
As a result, our country has generally worked to keep the military out of law enforcement. But according to investigative reporter Radley Balko, over the last several decades, America’s cops have increasingly come to resemble ground troops. The consequences have been dire: the home is no longer a place of sanctuary, the Fourth Amendment has been gutted, and police today have been conditioned to see the citizens they serve as an other—an enemy.Today’s armored-up policemen are a far cry from the constables of early America. The unrest of the 1960s brought about the invention of the SWAT unit—which in turn led to the debut of military tactics in the ranks of police officers. Nixon’s War on Drugs, Reagan’s War on Poverty, Clinton’s COPS program, the post–9/11 security state under Bush and Obama: by degrees, each of these innovations expanded and empowered police forces, always at the expense of civil liberties. And these are just four among a slew of reckless programs.In Rise of the Warrior Cop, Balko shows how politicians’ ill-considered policies and relentless declarations of war against vague enemies like crime, drugs, and terror have blurred the distinction between cop and soldier. His fascinating, frightening narrative shows how over a generation, a creeping battlefield mentality has isolated and alienated American police officers and put them on a collision course with the values of a free society.
Showdown: Thurgood Marshall and the Supreme Court Nomination That Changed America
Wil Haygood - 2015
In this stunning new biography, award-winning author Wil Haygood surpasses the emotional impact of his inspiring best seller The Butler to detail the life and career of one of the most transformative legal minds of the past one hundred years. Using the framework of the dramatic, contentious five-day Senate hearing to confirm Marshall as the first African-American Supreme Court justice, Haygood creates a provocative and moving look at Marshall’s life as well as the politicians, lawyers, activists, and others who shaped—or desperately tried to stop—the civil rights movement of the twentieth century: President Lyndon Johnson; Congressman Adam Clayton Powell Jr., whose scandals almost cost Marshall the Supreme Court judgeship; Harry and Harriette Moore, the Florida NAACP workers killed by the KKK; Justice J. Waties Waring, a racist lawyer from South Carolina, who, after being appointed to the federal court, became such a champion of civil rights that he was forced to flee the South; John, Robert, and Ted Kennedy; Senator Strom Thurmond, the renowned racist from South Carolina, who had a secret black mistress and child; North Carolina senator Sam Ervin, who tried to use his Constitutional expertise to block Marshall’s appointment; Senator James Eastland of Mississippi, the head of the Senate Judiciary Committee, who stated that segregation was “the law of nature, the law of God”; Arkansas senator John McClellan, who, as a boy, after Teddy Roosevelt invited Booker T. Washington to dinner at the White House, wrote a prize-winning school essay proclaiming that Roosevelt had destroyed the integrity of the presidency; and so many others. This galvanizing book makes clear that it is impossible to overestimate Thurgood Marshall’s lasting influence on the racial politics of our nation.
Law and Revolution
Harold J. Berman - 1983
Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries.Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law.Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals.Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
Supreme Power: 7 Pivotal Supreme Court Decisions That Had a Major Impact on America
Ted Stewart - 2017
Today’s Court affects every major area of American life, from health care to civil rights, from abortion to marriage. This fascinating book reveals the complex history of the Court as told through seven pivotal decisions. These cases originally seemed narrow in scope, but they vastly expanded the interpretation of law. Such is the power of judicial review to make sweeping, often unforeseen, changes in American society by revising the meaning of our Constitution. Each chapter presents an easy-to-read brief on the case and explains what the decisions mean and how the Court ruling, often a 5-4 split, had long-term impact. For example, in Lochner v. New York, a widely accepted turn-of-the-twentieth--century New York State law limited excessive overtime for bakery workers. That law was overturned by the Court based on the due process clause of the Constitution. The very same precedents, Stewart points out, were used by the Court seventy years later and expanded to a new right to privacy in Roe v. Wade, making abortion legal in the nation. Filled with insight, commentary, and compelling stories of ordinary citizens coming to the judiciary for remedy for the problems of their day, Supreme Power illustrates the magnitude of the Court’s power to interpret the Constitution and decide the law of the land.
America's Bitter Pill: Money, Politics, Backroom Deals, and the Fight to Fix Our Broken Healthcare System
Steven Brill - 2015
It’s a fly-on-the-wall account of the titanic fight to pass a 961-page law aimed at fixing America’s largest, most dysfunctional industry. It’s a penetrating chronicle of how the profiteering that Brill first identified in his trailblazing Time magazine cover story continues, despite Obamacare. And it is the first complete, inside account of how President Obama persevered to push through the law, but then failed to deal with the staff incompetence and turf wars that crippled its implementation. But by chance America’s Bitter Pill ends up being much more—because as Brill was completing this book, he had to undergo urgent open-heart surgery. Thus, this also becomes the story of how one patient who thinks he knows everything about healthcare “policy” rethinks it from a hospital gurney—and combines that insight with his brilliant reporting. The result: a surprising new vision of how we can fix American healthcare so that it stops draining the bank accounts of our families and our businesses, and the federal treasury. Praise for America’s Bitter Pill
“A tour de force . . . a comprehensive and suitably furious guide to the political landscape of American healthcare . . . persuasive, shocking.”—The New York Times “An energetic, picaresque, narrative explanation of much of what has happened in the last seven years of health policy . . . [Brill] has pulled off something extraordinary.”
—The New York Times Book Review
“A thunderous indictment of what Brill refers to as the ‘toxicity of our profiteer-dominated healthcare system.’ ”—Los Angeles Times “A sweeping and spirited new book [that] chronicles the surprisingly juicy tale of reform.”—The Daily Beast “One of the most important books of our time.”—Walter Isaacson “Superb . . . Brill has achieved the seemingly impossible—written an exciting book about the American health system.”—The New York Review of Books
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 Pentagon's Brain: An Uncensored History of DARPA, America's Top-Secret Military Research Agency
Annie Jacobsen - 2015
In the first-ever history about the organization, New York Times bestselling author Annie Jacobsen draws on inside sources, exclusive interviews, private documents, and declassified memos to paint a picture of DARPA, or "the Pentagon's brain," from its Cold War inception in 1958 to the present.This is the book on DARPA--a compelling narrative about this clandestine intersection of science and the American military and the often frightening results.