Second Treatise of Government


John Locke - 1689
    The principles of individual liberty, the rule of law, government by consent of the people, and the right to private property are taken for granted as fundamental to the human condition now. Most liberal theorists writing today look back to Locke as the source of their ideas. Some maintain that religious fundamentalism, "post-modernism," and socialism are today the only remaining ideological threats to liberalism. To the extent that this is true, these ideologies are ultimately attacks on the ideas that Locke, arguably more than any other, helped to make the universal vocabulary of political discourse.

Republic, Lost: How Money Corrupts Congress--and a Plan to Stop It


Lawrence Lessig - 2011
    Federal Election Commission trust in our government has reached an all-time low. More than ever before, Americans believe that money buys results in Congress, and that business interests wield control over our legislature.With heartfelt urgency and a keen desire for righting wrongs, Harvard law professor Lawrence Lessig takes a clear-eyed look at how we arrived at this crisis: how fundamentally good people, with good intentions, have allowed our democracy to be co-opted by outside interests, and how this exploitation has become entrenched in the system. Rejecting simple labels and reductive logic-and instead using examples that resonate as powerfully on the Right as on the Left-Lessig seeks out the root causes of our situation. He plumbs the issues of campaign financing and corporate lobbying, revealing the human faces and follies that have allowed corruption to take such a foothold in our system. He puts the issues in terms that nonwonks can understand, using real-world analogies and real human stories. And ultimately he calls for widespread mobilization and a new Constitutional Convention, presenting achievable solutions for regaining control of our corrupted-but redeemable-representational system. In this way, Lessig plots a roadmap for returning our republic to its intended greatness. While America may be divided, Lessig vividly champions the idea that we can succeed if we accept that corruption is our common enemy and that we must find a way to fight against it. In REPUBLIC, LOST, he not only makes this need palpable and clear-he gives us the practical and intellectual tools to do something about it.

The Supreme Court


William H. Rehnquist - 1987
    Rehnquist’s classic book offers a lively and accessible history of the Supreme Court. His engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall’s dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society. The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings--the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.

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.

The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court


John W. Dean - 2001
    He was a young, well-polished lawyer who shared many of President Richard Nixon's philosophies and faced no major objections from the Senate. But in truth, the nomination was anything but straightforward. Now, for the first time, former White House counsel John Dean tells the improbable story of Rehnquist's appointment. Dean weaves a gripping account packed with stunning new revelations: of a remarkable power play by Nixon to stack the court in his favor by forcing resignations; of Rehnquist himself, who played a role in the questionable ousting of Justice Abe Fortas; and of Nixon's failed impeachment attempt against William 0. Douglas. In his initial confirmation hearings, Rehnquist provided outrageous and unbelievable responses to questions about his controversial activities in the '50s and '60s -- yet he was confirmed with little opposition. It was only later, during his confirmation as Chief Justice, that his testimony would come under fire -- raising serious questions as to whether he had perjured himself Using newly released tapes, his own papers, and documents unearthed from the National Archives, John Dean offers readers a place in the White House inner circle, providing an unprecedented look at a government process, and a stunning expose of the man who has influenced the United States Supreme Court for the last thirty years.

Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court


Jan Crawford Greenburg - 2007
    From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court—a revelatory look at one of the central fronts of America's culture wars by one of the most widely respected experts on the subject.

Without Precedent: Chief Justice John Marshall and His Times


Joel Richard Paul - 2018
    From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C.This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

Bailout: An Inside Account of How Washington Abandoned Main Street While Rescuing Wall Street


Neil Barofsky - 2010
    In behind-the-scenes detail, he shows the extreme degree to which government officials bent over backward to serve the interests of Wall Street firms at the expense of the public—& at the expense of effective financial reform. During the height of the financial crisis in 2008, Barofsky gave up his job as a prosecutor in the US Attorney’s Office in NYC, where he'd convicted drug kingpins, Wall Street executives & mortgage fraud perpetrators, to become the special inspector general in charge of oversight of bailout money spending. From the first his efforts to protect against fraud & to hold big banks accountable for how they spent taxpayer money were met with outright hostility from Treasury officials in charge of the bailouts.Barofsky discloses how, in serving banking interests, Treasury Secretary Timothy Geithner & his team worked with Wall Street executives to design programs to would funnel vast amounts of taxpayer money to their firms & would have allowed them to game the markets & make huge profits with almost no risk or accountability, while repeatedly fighting efforts to put the necessary fraud protections in place. His investigations also uncovered abject mismanagement of the bailout of insurance giant AIG & Geithner’s decision to allow the payment of millions of dollars in bonuses & that the Obama administration’s TARP Czar lobbied for the executives to retain their high pay.Providing details about how, meanwhile, the interests of homeowners & the broader public were betrayed, Barofsky recounts how Geithner & his team steadfastly failed to fix glaring flaws in the Obama administration’s homeowner relief program pointed out by bailout watchdogs, rejecting anti-fraud measures, which unleashed a wave of abuses by mortgage providers against homeowners, even causing some who wouldn't have lost their homes otherwise to go into foreclosure. Ultimately only a small fraction ($1.4 billion when he stepped down) of the $50 billion allocated to help homeowners was spent, while the funds expended to prop up the financial system totaled $4.7 trillion. As he raised the alarm about the bailout failures, he met with obstruction. He recounts in blow-by-blow detail how an increasingly aggressive war was waged against his efforts, with even the White House launching a broadside against him. Bailout is a riveting account of his plunge into the political meat grinder of Washington, as well as a vital revelation of just how captured by Wall Street the political system is & why the too-big-to-fail banks have only become bigger & more dangerous in the wake of the crisis.

A History of American Law


Lawrence M. Friedman - 1973
    Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.

Our Lost Constitution: The Willful Subversion of America's Founding Document


Mike Lee - 2015
    Even many conservatives have been willing to overlook provisions that were designed to protect our fundamental liberties from an overreaching federal government. Now Senator Mike Lee tells the dramatic, little known stories behind key parts of the Constitution. He shows how every abuse of federal power today is rooted in neglect of the Constitution - and most of those abuses were predicted by the Founders. For example: • The Origination Clause says that all bills to raise taxes must originate in the House. It was gutted in 1892, leading eventually to Obamacare. • The Fourth Amendment protects us against unreasonable search and seizure, but the NSA now collects our data without a warrant. • The Legislative Powers Clause means that only Congress can pass laws, but unelected agencies now produce the vast majority of binding rules. Senator Lee also explores the Ninth and Tenth Amendments, the Establishment Clause, among others, and makes a strong case for restoring our lost constitution.

Liberty Defined: 50 Essential Issues That Affect Our Freedom


Ron Paul - 2011
    The term "Liberty" is so commonly used in our country that it has become a mere cliche. But do we know what it means? What it promises? How it factors into our daily lives? And most importantly, can we recognize tyranny when it is sold to us disguised as a form of liberty? Dr. Paul writes that to believe in liberty is not to believe in any particular social and economic outcome. It is to trust in the spontaneous order that emerges when the state does not intervene in human volition and human cooperation. It permits people to work out their problems for themselves, build lives for themselves, take risks and accept responsibility for the results, and make their own decisions. It is the seed of America. This is a comprehensive guide to Dr. Paul's position on fifty of the most important issues of our times, from Abortion to Zionism. Accessible, easy to digest, and fearless in its discussion of controversial topics, Liberty Defined sheds new light on a word that is losing its shape.

Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue


Melvin I. Urofsky - 2015
    Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States.   Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954).   Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned.   Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since.   Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so.(With black-and-white illustrations throughout.)

The Law


Frédéric Bastiat - 1849
    More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies in ever way to our own time, which is precisely why so many people credit this one essay for showing them the light of liberty. Bastiat's essay here is timeless because applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat's death. This newly available translation provides new insight into Bastiat's argument. It is a more sophisticated, more substantial, and more precise rendering than any in print. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others' lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn't avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our sentiments, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have the domain of force, which is justice. More from Bastiat's The Law: Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State - then we are against education altogether. We object to a State religion - then we would have no religion at all. We object to an equality which is brought about by the State then we are against equality, etc., etc. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State. How is it that the strange idea of making the law produce what it does not contain - prosperity, in a positive sense, wealth, science, religion - should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain. They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important. Whether you buy one or one hundred, you can look forward to one of the most penetrating and powerful essays written in the history of political economy.

Idiot America: How Stupidity Became a Virtue in the Land of the Free


Charles P. Pierce - 2008
    Wearing a saddle.... But worse than this was when the proprietor exclaimed to a cheering crowd, “We are taking the dinosaurs back from the evolutionists!” He knew then and there it was time to try and salvage the Land of the Enlightened, buried somewhere in this new Home of the Uninformed.With his razor-sharp wit and erudite reasoning, Pierce delivers a gut-wrenching, side-splitting lament about the glorification of ignorance in the United States, and how a country founded on intellectual curiosity has somehow deteriorated into a nation of simpletons more apt to vote for an American Idol contestant than a presidential candidate.With Idiot America, Pierce's thunderous denunciation is also a secret call to action, as he hopes that somehow, being intelligent will stop being a stigma, and that pinheads will once again be pitied, not celebrated.

What's the Matter with Kansas? How Conservatives Won the Heart of America


Thomas Frank - 2004
    . . the only way to understand why so many Americans have decided to vote against their own economic and political interests" (Molly Ivins)Hailed as "dazzlingly insightful and wonderfully sardonic" (Chicago Tribune), "very funny and very painful" (San Francisco Chronicle), and "in a different league from most political books" (The New York Observer), What's the Matter with Kansas? unravels the great political mystery of our day: Why do so many Americans vote against their economic and social interests? With his acclaimed wit and acuity, Thomas Frank answers the riddle by examining his home state, Kansas-a place once famous for its radicalism that now ranks among the nation's most eager participants in the culture wars. Charting what he calls the "thirty-year backlash"-the popular revolt against a supposedly liberal establishment-Frank reveals how conservatism, once a marker of class privilege, became the creed of millions of ordinary Americans.A brilliant analysis-and funny to boot-What's the Matter with Kansas? is a vivid portrait of an upside-down world where blue-collar patriots recite the Pledge while they strangle their life chances; where small farmers cast their votes for a Wall Street order that will eventually push them off their land; and where a group of frat boys, lawyers, and CEOs has managed to convince the country that it speaks on behalf of the People.