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.

    It has been stifled by this myopic focus on the present, which is short-sighted and assimilationist.Cruising Utopia seeks to break the present stagnancy by cruising ahead. Drawing on the work of Ernst Bloch, José Esteban Muñoz recalls the queer past for guidance in presaging its future. He considers the work of seminal artists and writers such as Andy Warhol, LeRoi Jones, Frank O'Hara, Ray Johnson, Fred Herko, Samuel Delany, and Elizabeth Bishop, alongside contemporary performance and visual artists like Dynasty Handbag, My Barbarian, Luke Dowd, Tony Just, and Kevin McCarty in order to decipher the anticipatory illumination of art and its uncanny ability to open windows to the future.In a startling repudiation of what the LGBT movement has held dear, Muñoz contends that queerness is instead a futurity bound phenomenon, a "not yet here" that critically engages pragmatic presentism. Part manifesto, part love-letter to the past and the future, Cruising Utopia argues that the here and now are not enough and issues an urgent call for the revivification of the queer political imagination.

    This has created a peculiar situation in which liberalism’s proponents tend to forget that it is an ideology and not the natural end-state of human political evolution. As Patrick Deneen argues in this provocative book, liberalism is built on a foundation of contradictions: it trumpets equal rights while fostering incomparable material inequality; its legitimacy rests on consent, yet it discourages civic commitments in favor of privatism; and in its pursuit of individual autonomy, it has given rise to the most far-reaching, comprehensive state system in human history. Here, Deneen offers an astringent warning that the centripetal forces now at work on our political culture are not superficial flaws but inherent features of a system whose success is generating its own failure.

    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.

    involvement with Afghanistan, media control, and the long-term implications of America's military attacks abroad. Informed by his deep understanding of the gravity of these issues and the global stakes, 9-11 demonstrates Chomsky's impeccable knowledge of U.S. foreign policy in the Middle East and South Asia, and sheds light on the rapidly shifting balance of world power. Speaking out against escalating violence, Chomsky critically examines the United States' own foreign policy record and considers what international institutions might be employed against underground networks and national states accused of terrorism. 9-11's analysis still stands as a measure of how well the media is able to serve its role of informing the citizenry, so crucial to our democracy in times of war.

    To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."

    Fearless in her opposition to lynchings, Wells documented hundreds of these atrocities. Wells became a public figure in Memphis when, in 1884, she led a campaign against racial segregation on the local railway. In 1889, she became co-owner and editor of Free Speech, an anti-segregationist newspaper based in Memphis on Beale Street. She also published in 1892 her famous pamphlet Southern Horrors: Lynch Law in All its Phases. This pamphlet, along with her 1895 The Red Record: Tabulated Statistics and Alleged Causes of Lynching in the United States, documented her research on and campaign against lynching. In 1892, Wells went to Great Britain at the behest of British Quaker Catherine Impey. An opponent of imperialism and proponent of racial equality, Impey wanted to be sure that the British public was informed about the problem of lynching. After her retirement, Wells wrote her autobiography, Crusade for Justice (1928). Her other works include Mob Rule in New Orleans (1900).

    But the extreme right has been growing steadily in the US since the 1990s, with the rise of patriot militias; following 9/11, when conspiracy theorists found fresh life; and in virulent reaction to the first black president of the country. Nurtured by a powerful right-wing media sector in radio, TV, and online, the far-right, Tea Party movement conservatives, and Republican activists found common ground in ‘Producerist’ ideology and ‘Constitutionalist’ interpretations of US law – an alternative America that is resurgent, even as it has been ignored by the political establishment and mainstream media. Investigative reporter David Neiwert has been tracking extremists for more than two decades, and here he provides a deeply reported and authoritative report on the background, mindset, and growth on the ground of far-right movements across the country. The product of years of reportage, and including the most in-depth investigation of Trump’s ties to far-right figures, this is a crucial book about one of the most disturbing sides of the US.

    Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.

    Freedom, Sen argues, is both the end and most efficient means of sustaining economic life and the key to securing the general welfare of the world's entire population. Releasing the idea of individual freedom from association with any particular historical, intellectual, political, or religious tradition, Sen clearly demonstrates its current applicability and possibilities. In the new global economy, where, despite unprecedented increases in overall opulence, the contemporary world denies elementary freedoms to vast numbers—perhaps even the majority of people—he concludes, it is still possible to practically and optimistically regain a sense of social accountability. Development as Freedom is essential reading.

    Christine Montross has spent her career treating the most severely ill psychiatric patients. Several years ago, she set out to investigate why so many of her patients got caught up in the legal system when discharged from her care--and what happened to them therein.Waiting for an Echo is a riveting, rarely seen glimpse into American incarceration. It is also a damning account of policies that have criminalized mental illness, shifting large numbers of people who belong in therapeutic settings into punitive ones.The stark world of American prisons is shocking for all who enter. But Dr. Montross' expertise--the mind in crisis-- allowed her to reckon with the human stories behind the bars. A father attempting to weigh the impossible calculus of a plea bargain. A bright young woman whose life is derailed by addiction. Boys in a juvenile detention facility who, desperate for human connection, invent a way to communicate with one another from cell to cell. Overextended doctors and correctional officers who strive to provide care and security in environments riddled with danger. In these encounters, Montross finds that while our system of correction routinely makes people with mental illness worse, just as routinely, it renders mentally stable people psychiatrically unwell. The system is quite literally maddening.Our methods of incarceration take away not only freedom, but also selfhood and soundness of mind. In a nation where ninety-five percent of all inmates are released from prison and return to our communities, this is a practice that punishes us all.

    How should we as a society respond to wrongdoing? When a crime occurs or an injustice is done, what needs to happen? What does justice require?Howard Zehr, known worldwide for his pioneering work in transforming our understandings of justice, here proposes workable Principles and Practices for making restorative justice both possible and useful. First he explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach, into theoretical space, Zehr presents Restorative Justice Practices.Zehr undertakes a massive and complex subject and puts it in graspable form, without reducing or trivializing it. This is a handbook, a vehicle for moving our society toward healing and wholeness. This is a sourcebook, a starting point for handling brokenness with hard work and hope. This resource is also suitable for academic classes and workshops, for conferences and trainings.By the author of Changing Lenses; Transcending: Reflections of Crime Victims; and Doing Life: Reflections of Men and Women Serving Life Sentences.

    For decades in rural communities, in university towns, and in New South cities, white women performed myriad duties that upheld white over black: censoring textbooks, denying marriage certificates, deciding on the racial identity of their neighbors, celebrating school choice, canvassing communities for votes, and lobbying elected officials. They instilled beliefs in racial hierarchies in their children, built national networks, and experimented with a color-blind political discourse. Without these mundane, everyday acts, white supremacist politics could not have shaped local, regional, and national politics the way it did or lasted as long as it has.With white women at the center of the story, the rise of postwar conservatism looks very different than the male-dominated narratives of the resistance to Civil Rights. Women like Nell Battle Lewis, Florence Sillers Ogden, Mary Dawson Cain, and Cornelia Dabney Tucker publicized their threats to their Jim Crow world through political organizing, private correspondence, and journalism. Their efforts began before World War II and the Brown decision and persisted past the 1964 Civil Rights Act and anti-busing protests. White women's segregationist politics stretched across the nation, overlapping with and shaping the rise of the New Right. Mothers of Massive Resistance reveals the diverse ways white women sustained white supremacist politics and thought well beyond the federal legislation that overturned legal segregation.

    Neither Jefferson nor the other Found­ers could ever have envisioned the modern national security state, with its tens of thousands of "privateers"; its bloated Department of Homeland Security; its rust­ing nuclear weapons, ill-maintained and difficult to dismantle; and its strange fascination with an unproven counterinsurgency doctrine. Written with bracing wit and intelligence, Rachel Maddow's Drift argues that we've drifted away from America's original ideals and become a nation weirdly at peace with perpetual war, with all the financial and human costs that entails. To understand how we've arrived at such a dangerous place, Maddow takes us from the Vietnam War to today's war in Afghanistan, along the way exploring the disturbing rise of executive authority, the gradual outsourcing of our war-making capabilities to private companies, the plummeting percentage of American families whose children fight our constant wars for us, and even the changing fortunes of G.I. Joe. She offers up a fresh, unsparing appraisal of Reagan's radical presidency. Ultimately, she shows us just how much we stand to lose by allowing the priorities of the national security state to overpower our political discourse. Sensible yet provocative, dead serious yet seri­ously funny, Drift will reinvigorate a "loud and jangly" political debate about how, when, and where to apply America's strength and power--and who gets to make those decisions.From the Hardcover edition.

    Mike Davis charts the expected global urbanization explosion over the next 30 years and points out that outside China most of the rest of the world's urban growth will be without industrialization or development, rather a 'peverse' urban boom in spite of stagnant or negative urban economic growth.