Law School for Everyone: Constitutional Law


Eric Berger - 2019
    It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the United States. In these 12 lectures, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights. Taking you through all three branches of the federal government, Professor Berger uses some of the most important legal cases in the United States to probe the open-ended nature of the Constitution’s language and illustrate how legal reasoning has defined the power relationships that the Constitution governs. You’ll examine pivotal Supreme Court cases to learn how interpreting the Constitution has radically affected American society. You’ll consider the Supreme Court’s role in deciding - and sometimes avoiding - questions of constitutionality. And you’ll investigate how changes in public opinion can influence how the Supreme Court interprets the Constitution. While the open-ended nature of the Constitution’s language makes constitutional law often uncertain, these lectures offer you a better understanding of its many nuances, as well as its profound importance for the future of the United States.

Ideas Have Consequences


Richard M. Weaver - 1948
    Weaver unsparingly diagnoses the ills of our age and offers a realistic remedy. He asserts that the world is intelligible and that man is free. The catastrophes of our age are the product of unintelligent choice and the cure lies in man's recognition that ideas--like actions--have consequences. A cure, he submits, is possible. It lies in the right use of man's reason, in the renewed acceptance of an absolute reality, and in the recognition that ideas like actions have consequences.

First Principles: What America's Founders Learned from the Greeks and Romans and How That Shaped Our Country


Thomas E. Ricks - 2020
    On every page I learned something new. Read it every night if you want to restore your faith in our country." —James Mattis, General, U.S. Marines (ret.) & 26th Secretary of Defense The Pulitzer Prize-winning journalist and #1 New York Times bestselling author offers a revelatory new book about the founding fathers, examining their educations and, in particular, their devotion to the ancient Greek and Roman classics—and how that influence would shape their ideals and the new American nation.On the morning after the 2016 presidential election, Thomas Ricks awoke with a few questions on his mind: What kind of nation did we now have? Is it what was designed or intended by the nation’s founders? Trying to get as close to the source as he could, Ricks decided to go back and read the philosophy and literature that shaped the founders’ thinking, and the letters they wrote to each other debating these crucial works—among them the Iliad, Plutarch’s Lives, and the works of Xenophon, Epicurus, Aristotle, Cato, and Cicero. For though much attention has been paid the influence of English political philosophers, like John Locke, closer to their own era, the founders were far more immersed in the literature of the ancient world.The first four American presidents came to their classical knowledge differently. Washington absorbed it mainly from the elite culture of his day; Adams from the laws and rhetoric of Rome; Jefferson immersed himself in classical philosophy, especially Epicureanism; and Madison, both a groundbreaking researcher and a deft politician, spent years studying the ancient world like a political scientist. Each of their experiences, and distinctive learning, played an essential role in the formation of the United States. In examining how and what they studied, looking at them in the unusual light of the classical world, Ricks is able to draw arresting and fresh portraits of men we thought we knew.First Principles follows these four members of the Revolutionary generation from their youths to their adult lives, as they grappled with questions of independence, and forming and keeping a new nation. In doing so, Ricks interprets not only the effect of the ancient world on each man, and how that shaped our constitution and government, but offers startling new insights into these legendary leaders.

The Real George Washington


Jay A. Parry - 1991
     There is properly no history; only biography, wrote Ralph Waldo Emerson. If that is true of the general run of mankind, it is particularly true of George Washington. The story of his life is the story of the founding of America. His was the dominant personality in three of the most critical events in that founding: the Revolutionary War, the Constitutional Convention, and the first national administration. Had he not served as America's leader in those three events, all would likely have failed -- and America, as we know it today, would not exist.Why, after two centuries, does George Washington remain one of the most beloved figures in our history? The Real George Washington answers that question by giving us a close look at this man who became the father of our country and the first American President. But rather than focus on the interpretations of historians, much of his exciting story is told in his own words. The second part of this 928-page book brings together the most important and insightful passages from Washington's writings, conveniently arranged by subject.Published by the National Center for Constitutional Studies, a nonprofit educational foundation dedicated to restoring Constitutional principles in the tradition of America's Founding Fathers. The National Center for Constitutional Studies...is doing a fine public service in educating Americans about the principles of the Constitution. -- Ronald Reagan, President of the United States

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.

The Decadent Society: How We Became the Victims of Our Own Success


Ross Douthat - 2020
    But beneath our social media frenzy and reality-television politics, the deeper reality is one of drift, repetition, and dead ends. The Decadent Society explains what happens when a rich and powerful society ceases advancing—how the combination of wealth and technological proficiency with economic stagnation, political stalemates, cultural exhaustion, and demographic decline creates a strange kind of “sustainable decadence,” a civilizational malaise that could endure for longer than we think..

Moyers on Democracy


Bill Moyers - 2008
    In the searching of our souls demanded by this challenge . . . kindred spirits across the nation must confront the most fundamental liberal failure of the current era: the failure to embrace a moral vision of America based on the transcendent faith that human beings are more than the sum of their material appetites, our country is more than an economic machine, and freedom is not license but responsibility—the gift we have received and the legacy we must bequeath. “Although our sojourn in life is brief, we are on a great journey. For those who came before us and for those who follow, our moral, political, and religious duty to make sure that this nation, which was conceived in liberty and dedicated to the proposition that all are equal under the law, is in good hands on our watch.” —from “For America’s Sake”People know Bill Moyers mostly from his many years of path-breaking journalism on television. But he is also one of America’s most sought-after public speakers. His appearances draw sell-out crowds across the country and are among the most reproduced on the Web. “And one reason,” writes noted journalist Bill McKibben, “is that Moyers pulls no punches. His understanding of America’s history is at least as deep as his understanding of Christian tradition, which is an integral part of his background . . . With his feet firmly planted in the deepest American traditions, Bill Moyers is helping to keep alive an oratorical tradition that is fading after two centuries. Trained by his career in broadcasting, he writes for the ear, his cadences and his repetitions timed to bring an audience to full realization of its role and its power.” And that is the message of this book. Moyers on Democracy collects many of Bill Moyers’s most moving statements to connect the dots on what is happening to our country—the twinned growth of private wealth and public squalor, the assault on our Constitution, the undermining of the electoral process, the accelerating class war against ordinary (and vulnerable) Americans inherent in the growth of economic inequality, the dangers of an imperial executive, the attack on the independence of the press, the despoiling of the earth we share as our common gift—and to rekindle the reader’s conviction that “the gravediggers of democracy will not have the last word.” Richly insightful and alive with a fierce, abiding love for our country, Moyers on Democracy is essential reading in this fateful presidential year.

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.”

Drift: The Unmooring of American Military Power


Rachel Maddow - 2012
    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.

The Burglary: The Discovery of J. Edgar Hoover's Secret FBI


Betty Medsger - 2014
    Edgar Hoover had created and was operating, in violation of the U.S. Constitution, his own shadow Bureau of Investigation. It begins in 1971 in an America being split apart by the Vietnam War . . . A small group of activists—eight men and women—the Citizens Commission to Investigate the FBI, inspired by Daniel Berrigan’s rebellious Catholic peace movement, set out to use a more active, but nonviolent, method of civil disobedience to provide hard evidence once and for all that the government was operating outside the laws of the land.             The would-be burglars—nonpro’s—were ordinary people leading lives of purpose: a professor of religion and former freedom rider; a day-care director; a physicist; a cab driver; an antiwar activist, a lock picker; a graduate student haunted by members of her family lost to the Holocaust and the passivity of German civilians under Nazi rule.Betty Medsger's extraordinary book re-creates in resonant detail how this group of unknowing thieves, in their meticulous planning of the burglary, scouted out the low-security FBI building in a small town just west of Philadelphia, taking into consideration every possible factor, and how they planned the break-in for the night of the long-anticipated boxing match between Joe Frazier (war supporter and friend to President Nixon) and Muhammad Ali (convicted for refusing to serve in the military), knowing that all would be fixated on their televisions and radios.Medsger writes that the burglars removed all of the FBI files and, with the utmost deliberation, released them to various journalists and members of Congress, soon upending the public’s perception of the inviolate head of the Bureau and paving the way for the first overhaul of the FBI since Hoover became its director in 1924.  And we see how the release of the FBI files to the press set the stage for the sensational release three months later, by Daniel Ellsberg, of the top-secret, seven-thousand-page Pentagon study on U.S. decision-making regarding the Vietnam War, which became known as the Pentagon Papers.             At the heart of the heist—and the book—the contents of the FBI files revealing J. Edgar Hoover’s “secret counterintelligence program” COINTELPRO, set up in 1956 to investigate and disrupt dissident political groups in the United States in order “to enhance the paranoia endemic in these circles,” to make clear to all Americans that an FBI agent was “behind every mailbox,” a plan that would discredit, destabilize, and demoralize groups, many of them legal civil rights organizations and antiwar groups that Hoover found offensive—as well as black power groups, student activists, antidraft protestors, conscientious objectors. The author, the first reporter to receive the FBI files, began to cover this story during the three years she worked for The Washington Post and continued her investigation long after she'd left the paper, figuring out who the burglars were, and convincing them, after decades of silence, to come forward and tell their extraordinary story.  The Burglary is an important and riveting book, a portrait of the potential power of non­violent resistance and the destructive power of excessive government secrecy and spying.

Goliath: The 100-Year War Between Monopoly Power and Democracy


Matt Stoller - 2019
    A concentration of power, whether in the hands of a military dictator or a JP Morgan, was understood as autocratic and dangerous to individual liberty and democracy. This idea stretched back to the country’s founding. In the 1930s, people observed that the Great Depression was caused by financial concentration in the hands of a few whose misuse of their power induced a financial collapse. They drew on this tradition to craft the New Deal. In Goliath, Matt Stoller explains how authoritarianism and populism have returned to American politics for the first time in eighty years, as the outcome of the 2016 election shook our faith in democratic institutions. It has brought to the fore dangerous forces that many modern Americans never even knew existed. Today’s bitter recriminations and panic represent more than just fear of the future, they reflect a basic confusion about what is happening and the historical backstory that brought us to this moment. The true effects of populism, a shrinking middle class, and concentrated financial wealth are only just beginning to manifest themselves under the current administrations. The lessons of Stoller’s study will only grow more relevant as time passes. Building upon his viral article in The Atlantic, “How the Democrats Killed Their Populist Soul,” Stoller illustrates in rich detail how we arrived at this tenuous moment, and the steps we must take to create a new democracy.

Excuse Me, Professor: Challenging the Myths of Progressivism


Lawrence W. Reed - 2015
    True progress happens when humans are free, yet the Progressive agenda substantially diminishes freedom while promising the unachievable. Excuse Me, Professor provides a handy reference for anyone actively engaged in advancing liberty, with essential essays debunking more than 50 Progressive clichés.Does the free market truly ignore the poor? Are humans really destroying the Earth? Is the government truly the first best source to relieve distress?Compiled and edited by Lawrence W. Reed in collaboration with the Foundation for Economic Education and Young America's Foundation, this anthology is an indispensable addition to every freedom lover's arsenal of intellectual ammunition.

The Supremes' Greatest Hits: The 34 Supreme Court Cases That Most Directly Affect Your Life


Michael G. Trachtman - 2006
    Here are 34 of the most significant issues it has grappled with—from equal rights to privacy rights, from the limits of speech to the boundaries between church and state. Many of these cases read like thrillers…right down to their cliff-hanging endings. Among the most intriguing: the Dred Scott decision, Miranda v. Arizona, Brown v. Board of Education, Roe v. Wade, and Bush v. Gore.

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.

Covering: The Hidden Assault on Our Civil Rights


Kenji Yoshino - 2006
    To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Given its pervasiveness, we may experience this pressure to be a simple fact of social life.Against conventional understanding, Kenji Yoshino argues that the demand to cover can pose a hidden threat to our civil rights. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. In a wide-ranging analysis, Yoshino demonstrates that American civil rights law has generally ignored the threat posed by these covering demands. With passion and rigor, he shows that the work of civil rights will not be complete until it attends to the harms of coerced conformity. At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of the covering demand provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity–a desire that brings us together rather than driving us apart. Yoshino’s argument draws deeply on his personal experiences as a gay Asian American. He follows the Romantics in his belief that if a human life is described with enough particularity, the universal will speak through it. The result is a work that combines one of the most moving memoirs written in years with a landmark manifesto on the civil rights of the future. “This brilliantly argued and engaging book does two things at once, and it does them both astonishingly well. First, it's a finely grained memoir of young man’s struggles to come to terms with his sexuality, and second, it's a powerful argument for a whole new way of thinking about civil rights and how our society deals with difference. This book challenges us all to confront our own unacknowledged biases, and it demands that we take seriously the idea that there are many different ways to be human. Kenji Yoshino is the face and the voice of the new civil rights.” -Barbara Ehrenreich, author of Nickel and Dimed“Kenji Yoshino has not only given us an important, compelling new way to understand civil rights law, a major accomplishment in itself, but with great bravery and honesty, he has forged his argument from the cauldron of his own experience. In clear, lyrical prose, Covering quite literally brings the law to life. The result is a book about our public and private selves as convincing to the spirit as it is to the mind.” -Adam Haslett, author of You Are Not A Stranger Here“Kenji Yoshino's work is often moving and always clarifying. Covering elaborates an original, arresting account of identity and authenticity in American culture.”-Anthony Appiah, author of The Ethics of Identity and Laurance S. Rockefeller University Professor Of Philosophy at Princeton University“This stunning book introduces three faces of the remarkable Kenji Yoshino: a writer of poetic beauty; a soul of rare reflectivity and decency; and a brilliant lawyer and scholar, passionately committed to uncovering human rights. Like W.E.B. DuBois's The Souls of Black Folk and Betty Friedan's The Feminine Mystique, this book fearlessly blends gripping narrative with insightful analysis to further the cause of human emancipation. And like those classics, it should explode into America's consciousness.”-Harold Hongju Koh Dean, Yale Law School and former Assistant Secretary of State for Human Rights“Covering is a magnificent work - so eloquently and powerfully written I literally could not put it down. Sweeping in breadth, brilliantly argued, and filled with insight, humor, and erudition, it offers a fundamentally new perspective on civil rights and discrimination law. This extraordinary book is many things at once: an intensely moving personal memoir; a breathtaking historical and cultural synthesis of assimilation and American equality law; an explosive new paradigm for transcending the morass of identity politics; and in parts, pure poetry. No one interested in civil rights, sexuality, discrimination - or simply human flourishing - can afford to miss it.” -Amy Chua, author of World on Fire“In this stunning, original book, Kenji Yoshino demonstrates that the struggle for gay rights is not only a struggle to liberate gays---it is a struggle to free all of us, straight and gay, male and female, white and black, from the pressures and temptations to cover vital aspects of ourselves and deprive ourselves and others of our full humanity. Yoshino is both poet and lawyer, and by joining an exquisitely observed personal memoir with a historical analysis of civil rights, he shows why gay rights is so controversial at present, why “covering” is the issue of contention, and why the “covering demand,” universal in application, is the civil rights issue of our time. This is a beautifully written, brilliant and hopeful book, offering a new understanding of what is at stake in our fight for human rights.” -Carol Gilligan, author of In a Different Voice