Book picks similar to
A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia
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non-fiction
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politics
American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia
Joan Biskupic - 2009
Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what’s inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia. Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is “the justice who has had the most important impact over the years on how we think and talk about the law,” as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it.Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one’s mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia’s adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia’s childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic’s careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it’s going, with Scalia helping to lead the charge.Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.
America's Secret War: Inside the Hidden Worldwide Struggle Between the United States and Its Enemies
George Friedman - 2004
government. Now Friedman delivers the geopolitical story that the mainstream media has been unable to uncover — the startling truth behind America’s foreign policy and war effort in Afghanistan, Iraq, and beyond.Stratfor, one of the world’s most respected private global intelligence firms, has an unmatched ability to provide clear perspective on the current geopolitical map. In America's Secret War, George Friedman identifies the United States’ most dangerous enemies, delves into presidential strategies of the last quarter century, and reveals the real reasons behind the attack of 9/11—and the Bush administration’s motivation for the war in Iraq. It describes in eye-opening detail America’s covert and overt efforts in the global war against terrorism: Not only are U.S. armies in combat on every continent, but since 9/11 the intelligence services of dozens of nations have been operating in close partnership with the CIA.Drawing on Stratfor’s vast information-gathering network, Friedman presents an insightful picture of today’s world that goes far beyond what is reported on television and in other news media. Al Qaeda’s war plans and how they led to 9/11The threat of a suitcase nuclear bomb in New York and how that changed the course of the war.The deal the U.S. made with Russia and Iran which made the invasion of Afghanistan possible – and how those deals affect the United States today.How fear and suspicion of the Saudis after 9-11 tore apart the Bush-Saudi relationship and why Saudi Arabia’s closest friends in the administration became the Saudi’s worst enemies.The real reasons behind George W. Bush’s invasion of Iraq and how WMD became the cover for a much deeper game.How the CIA miscalculated about Saddam Hussein’s and Iran’s real plans, leaving the U.S. bogged down in the war.How the war in Iraq began with a ruse, pretending that a “target of opportunity” attack on Saddam Hussein had presented itself. The real story about why the U.S. raises and lowers its alert status and why the United States can’t find and destroy al Qaeda.The strategic successes that are slowly leading the United States to victoryAmerica's Secret War is an unprecedented look at the new world war being waged behind-the-scenes today. It is sure to stir debate and capture headlines around the world.
Losing Ground: American Social Policy, 1950-1980
Charles Murray - 1983
Losing Ground argues that the ambitious social programs of the1960s and 1970s actually made matters worse for its supposed beneficiaries, the poor and minorities. Charles Murray startled readers by recommending that we abolish welfare reform, but his position launched a debate culminating in President Clinton’s proposal “to end welfare as we know it.”
War Is a Force That Gives Us Meaning
Chris Hedges - 2002
He has seen children murdered for sport in Gaza and petty thugs elevated into war heroes in the Balkans. Hedges, who is also a former divinity student, has seen war at its worst and knows too well that to those who pass through it, war can be exhilarating and even addictive: "It gives us purpose, meaning, a reason for living."Drawing on his own experience and on the literature of combat from Homer to Michael Herr, Hedges shows how war seduces not just those on the front lines but entire societies, corrupting politics, destroying culture, and perverting the most basic human desires. Mixing hard-nosed realism with profound moral and philosophical insight, War Is a Force That Gives Us Meaning is a work of terrible power and redemptive clarity whose truths have never been more necessary.Listening Length: 6 hours and 27 minutes
Storm Center: The Supreme Court in American Politics
David M. O'Brien - 1986
In a balanced treatment of the Court's power and curbs on its power, O'Brien (government and foreign affairs, U. of Virginia) expands discussion of how changes in the Court's compos
Glenn Beck's Common Sense: The Case Against an Out-of-Control Government, Inspired by Thomas Paine
Glenn Beck - 2009
They know with conviction what they believe within themselves. They understand that all actions have consequences. And they find commonsense solutions to the nation’s problems. One such American, Thomas Paine, was an ordinary man who changed the course of history by penning Common Sense, the concise 1776 masterpiece in which, through extraordinarily straightforward and indisputable arguments, he encouraged his fellow citizens to take control of America’s future—and, ultimately, her freedom. Nearly two and a half centuries later, those very freedoms once again hang in the balance. And now, Glenn Beck revisits Paine’s powerful treatise with one purpose: to galvanize Americans to see past government’s easy solutions, two-party monopoly, and illogical methods and take back our great country.
The Nature of the Judicial Process
Benjamin N. Cardozo - 1921
Cardozo — an Associate Supreme Court Justice of the United States from 1932-38 — explains a judge's conscious and unconscious decision-making processes.Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.
We the Corporations: How American Businesses Won Their Civil Rights
Adam Winkler - 2018
Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.
Power, Politics And Culture
Edward W. Said - 2001
In these twenty-nine interviews, Said addresses everything from Palestine to Pavarotti, from his nomadic upbringing under colonial rule to his politically active and often controversial life in America, and reflects on Austen, Beckett, Conrad, Naipaul, Mahfouz and Rushdie as well as fellow critics Bloom, Derrida and Foucault. Said speaks here with his usual candour, acuity and eloquence - confirming that he was in his lifetime among the truly most important intellects of our century.
How Democracies Die: What History Reveals About Our Future
Steven Levitsky - 2018
Democracy no longer ends with a bang--in a revolution or military coup--but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one.Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die--and how ours can be saved.
The Spirit of the Laws
Montesquieu - 1748
This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early Enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. A select bibliography and chronology are also provided.
John Marshall: Definer of a Nation
Jean Edward Smith - 1996
An apt symbol of the man who shaped both court and country.Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.
Resistance (At All Costs): How Trump Haters Are Breaking America
Kimberley Strassel - 2019
Resistance (At All Costs) makes the opposite case -- that it is Trump's critics, in their zeal to oppose the president, who are undermining our foundations.From the FBI's unprecedented counterintelligence investigation into the Trump campaign, to bureaucratic sabotage, to media partisanship, to the drive-by character assassination of Trump nominee Brett Kavanaugh, the president's foes have thrown aside norms, due process and the rule of law.Resistance (At All Costs) shows that the reaction to Trump will prove far more consequential and damaging to our nation long-term than Trump's time in office.
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).
Clarence Thomas and the Lost Constitution
Myron Magnet - 2019
He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people's representatives with rules made by highly educated, modern, supposedly nonpartisan "experts," an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson's dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age.But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR's batch, had deep misgivings about the new governmental order. He shared the framers' vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court--the most important of them explained in these pages in clear, non-lawyerly language--he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed.A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas's biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America's future depends on the power of its culture and institutions to form ever more citizens of this stamp.