Book picks similar to
Active Liberty: Interpreting Our Democratic Constitution by Stephen G. Breyer
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non-fiction
politics
nonfiction
A Conflict of Visions: Ideological Origins of Political Struggles
Thomas Sowell - 1986
In this classic work, Thomas Sowell analyzes this pattern. He describes the two competing visions that shape our debates about the nature of reason, justice, equality, and power: the "constrained" vision, which sees human nature as unchanging and selfish, and the "unconstrained" vision, in which human nature is malleable and perfectible. A Conflict of Visions offers a convincing case that ethical and policy disputes circle around the disparity between both outlooks.
Conversations with RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law
Jeffrey Rosen - 2019
Rosen, a veteran legal journalist, scholar, and president of the National Constitution Center, shares with us the justice's observations on a variety of topics, and her intellect, compassion, sense of humor, and humanity shine through. The affection they have for each other as friends is apparent in their banter and in their shared love for the Constitution--and for opera.In Conversations with RBG, Justice Ginsburg discusses the future of Roe v. Wade, her favorite dissents, the cases she would most like to see overruled, the #MeToo movement, how to be a good listener, how to lead a productive and compassionate life, and of course the future of the Supreme Court itself. These frank exchanges illuminate the steely determination, self-mastery, and wit that have inspired Americans of all ages to embrace the woman known to all as "Notorious RBG."Whatever the topic, Justice Ginsburg always has something interesting--and often surprising--to say. And while few of us will ever have the opportunity to chat with her face-to-face, Jeffrey Rosen brings us by her side as never before. Conversations with RBG is a deeply felt portrait of an American hero.
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.
Being George Washington
Glenn Beck - 2011
It’s a story about a man whose life reads as if it were torn from the pages of an action novel: Bullet holes through his clothing. Horses shot out from under him. Unimaginable hardship. Disease. Heroism. Spies and double-agents. And, of course, the unmistakable hand of Divine Providence that guided it all.Being George Washington is a whole new way to look at history. You won’t simply read about the awful winter spent at Valley Forge—you’ll live it right alongside Washington. You’ll be on the boat with him crossing the Delaware, in the trenches with him at Yorktown, and standing next to him at the Constitutional Convention as a new republic is finally born.Through these stories you’ll not only learn our real history (and how it applies to today), you’ll also see how the media and others have distorted our view of it. It’s ironic that the best-known fact about George Washington—that he chopped down a cherry tree—is a complete lie. It’s even more ironic when you consider that a lie was thought necessary to prove he could not tell one.For all of his heroism and triumphs, Washington’s single greatest accomplishment was the man he created in the process: courageous and principled, fair and just, respectful to all. But he was also something else: flawed.It’s those flaws that should give us hope for today. After all, if Washington had been perfect, then there would be no way to build another one. That’s why this book is not just about being George Washington in 1776, it’s about the struggle to be him every single day of our lives. Understanding the way he turned himself from an uneducated farmer into the Indispensable (yet imperfect) Man, is the only way to build a new generation of George Washingtons that can take on the extraordinary challenges that America is once again facing.
Impeachment: A Citizen's Guide
Cass R. Sunstein - 2019
Preserving the Constitution and the democratic system it supports is the public's responsibility. One route the Constitution provides for discharging that duty--a route rarely traveled--is impeachment.Harvard Law professor Cass R. Sunstein provides a succinct citizen's guide to this essential tool of self-government. Taking us deeper than mere partisan politics, he illuminates the constitutional design behind impeachment and emphasizes the people's role in holding presidents accountable. In spite of the loud national debate between pundits and politicians alike over whether or not to impeach Trump, impeachment remains widely misunderstood. Sunstein identifies and corrects a number of common misconceptions. For example, he shows how the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the "high crimes and misdemeanors" delineated in the republic's foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers' controversial decision to install an empowered executive in a nation deeply fearful of kings.With an eye toward the past and the future, Impeachment: A Citizen's Guide considers a host of actual and imaginable arguments for a president's removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. And with an appendix on the Mueller report, it puts the current national debate in its proper historical context. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.
The Burger Court and the Rise of the Judicial Right
Michael J. Graetz - 2016
It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review).When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).
A Patriot's History of the United States: From Columbus's Great Discovery to the War on Terror
Larry Schweikart - 2004
These intellectuals have searched for instances of racism, sexism, and bigotry in our history while downplaying the greatness of America’s patriots and the achievements of “dead white men.” As a result, more emphasis is placed on Harriet Tubman than on George Washington; more about the internment of Japanese Americans during World War II than about D-Day or Iwo Jima; more on the dangers we faced from Joseph McCarthy than those we faced from Josef Stalin.A Patriot’s History of the United States corrects those doctrinaire biases. In this groundbreaking book, America’s discovery, founding, and development are reexamined with an appreciation for the elements of public virtue, personal liberty, and private property that make this nation uniquely successful. This book offers a long-overdue acknowledgment of America’s true and proud history.
The Tempting of America
Robert H. Bork - 1990
Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law.
Summer for the Gods: The Scopes Trial and America's Continuing Debate Over Science and Religion
Edward J. Larson - 1997
Yet despite its influence on the 20th century, there are no modern histories of the trial and its aftermath. This book fills that void not only by skillfully narrating the trial's events, but also by framing it in a broader social context, showing how its influence has cut across religious, cultural, educational and political lines. With new material from both the prosecution and the defense, along with the author's astute historical and legal analysis, "Summer for the Gods" is destined to become a new classic about a pivotal milestone in American history.
Trumpocracy: The Corruption of the American Republic
David Frum - 2018
Media freedom and judicial independence have eroded. The right to vote remains, but the right to have one’s vote counted fairly may not. Until the US presidential election of 2016, the global decline of democracy seemed a concern for other peoples in other lands. . . . That complacent optimism has been upended by the political rise of Donald Trump. The crisis is upon Americans, here and now."Quietly, steadily, Trump and his administration are damaging the tenets and accepted practices of American democracy, perhaps irrevocably. As he and his family enrich themselves, the presidency itself falls into the hands of the generals and financiers who surround him.While much of the country has been focused on Russia, David Frum has been collecting the lies, obfuscations, and flagrant disregard for the traditional limits placed on the office of the presidency. In Trumpocracy, he documents how Trump and his administration are steadily damaging the tenets and accepted practices of American democracy. During his own White House tenure as George W. Bush’s speechwriter, Frum witnessed the ways the presidency is limited not by law but by tradition, propriety, and public outcry, all now weakened. Whether the Trump presidency lasts two, four, or eight more years, he has changed the nature of the office for the worse, and likely for decades.In this powerful and eye-opening book, Frum makes clear that the hard work of recovery starts at home. Trumpocracy outlines how Trump could push America toward illiberalism, what the consequences could be for our nation and our everyday lives, and what we can do to prevent it.
The Assault on Reason
Al Gore - 2007
Nobel Peace Prize winner, bestselling author, activist, and political icon, Al Gore has become one of the most respected and influential public intellectuals in America today. The Assault on Reason takes an unprecedented look at how faith in the power of reasonâ€"the idea that citizens can govern themselves through rational debate
Liberal Fascism: The Secret History of the American Left from Mussolini to the Politics of Meaning
Jonah Goldberg - 2007
Calling someone a fascist is the fastest way to shut them up, defining their views as beyond the political pale. But who are the real fascists in our midst? Liberal Fascism offers a startling new perspective on the theories and practices that define fascist politics. Replacing conveniently manufactured myths with surprising and enlightening research, Jonah Goldberg reminds us that the original fascists were really on the left, and that liberals from Woodrow Wilson to FDR to Hillary Clinton have advocated policies and principles remarkably similar to those of Hitler's National Socialism and Mussolini's Fascism. Contrary to what most people think, the Nazis were ardent socialists (hence the term -National socialism-). They believed in free health care and guaranteed jobs. They confiscated inherited wealth and spent vast sums on public education. They purged the church from public policy, promoted a new form of pagan spirituality, and inserted the authority of the state into every nook and cranny of daily life. The Nazis declared war on smoking, supported abortion, euthanasia, and gun control. They loathed the free market, provided generous pensions for the elderly, and maintained a strict racial quota system in their universities--where campus speech codes were all the rage. The Nazis led the world in organic farming and alternative medicine. Hitler was a strict vegetarian, and Himmler was an animal rights activist. Do these striking parallels mean that today's liberals are genocidal maniacs, intent on conquering the world and imposing a new racial order? Not at all. Yet it is hard to deny that modern progressivism and classical fascism shared the same intellectual roots. We often forget, for example, that Mussolini and Hitler had many admirers in the United States. W.E.B. Du Bois was inspired by Hitler's Germany, and Irving Berlin praised Mussolini in song. Many fascist tenets were espoused by American progressives like John Dewey and Woodrow Wilson, and FDR incorporated fascist policies in the New Deal. Fascism was an international movement that appeared in different forms in different countries, depending on the vagaries of national culture and temperament. In Germany, fascism appeared as genocidal racist nationalism. In America, it took a -friendlier, - more liberal form. The modern heirs of this -friendly fascist- tradition include the New York Times, the Democratic Party, the Ivy League professoriate, and the liberals of Hollywood. The quintessential Liberal Fascist isn't an SS storm trooper; it is a female grade school teacher with an education degree from Brown or Swarthmore. These assertions may sound strange to modern ears, but that is because we have forgotten what fascism is. In this angry, funny, smart, contentious book, Jonah Goldberg turns our preconceptions inside out and shows us the true meaning of Liberal Fascism.
The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom
Robert A. Levy - 2008
In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your right to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; seize your private property, without compensation, when someone uses the property for criminal activity-even if you don't know about it.
The Death of Common Sense: How Law Is Suffocating America
Philip K. Howard - 1995
Using blood-boiling examples of government regulations run amok, Howard reveals a society in which rules have replaced thinking--allowing law to infiltrate the nooks and crannies of everyday life.
The Conscience of a Liberal
Paul Krugman - 2007
Seeking to understand both what happened to middle-class America and what it will take to achieve a "new New Deal," Krugman has created his finest book to date, a work that weaves together a nuanced account of three generations of history with sharp political, social, and economic analysis. This book, written with Krugman's trademark ability to explain complex issues simply, will transform the debate about American social policy in much the same way as did John Kenneth Galbraith's deeply influential book, The Affluent Society.