Ruth Bader Ginsburg: A Life
Jane Sherron De Hart - 2018
At the heart of her story and abiding beliefs--her Jewish background. Tikkun olam, the Hebrew injunction to "repair the world," with its profound meaning for a young girl who grew up during the Holocaust and World War II. We see the influence of her mother, Celia Amster Bader, whose intellect inspired her daughter's feminism, insisting that Ruth become independent, as she witnessed her mother coping with terminal cervical cancer (Celia died the day before Ruth, at seventeen, graduated from high school). From Ruth's days as a baton twirler at Brooklyn's James Madison High School, to Cornell University, Harvard and Columbia Law Schools (first in her class), to being a law professor at Rutgers University (one of the few women in the field and fighting pay discrimination), hiding her second pregnancy so as not to risk losing her job; founding the Women's Rights Law Reporter, writing the brief for the first case that persuaded the Supreme Court to strike down a sex-discriminatory state law, then at Columbia (the law school's first tenured female professor); becoming the director of the women's rights project of the ACLU, persuading the Supreme Court in a series of decisions to ban laws that denied women full citizenship status with men. Her years on the U.S. Court of Appeals for the District of Columbia Circuit, deciding cases the way she played golf, as she, left-handed, played with right-handed clubs--aiming left, swinging right, hitting down the middle. Her years on the Supreme Court . . . A pioneering life and legal career whose profound mark on American jurisprudence, on American society, on our American character and spirit, will reverberate deep into the twenty-first century and beyond.
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).
The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More Than Ever
Cass R. Sunstein - 2004
In it, Roosevelt grappled with the definition of security in a democracy, concluding that "unless there is security here at home, there cannot be lasting peace in the world." To help ensure that security, he proposed a "Second Bill of Rights" -- economic rights that he saw as necessary to political freedom. Many of the great legislative achievements of the past sixty years stem from Roosevelt's vision. Using this speech as a launching point, Cass R. Sunstein shows how these rights are vital to the continuing security of our nation. This is an ambitious, sweeping book that argues for a new vision of FDR, of constitutional history, and our current political scene.
An Economic Interpretation of the Constitution of the United States
Charles A. Beard - 1913
Unlike those writers, who had stressed idealistic impulses as factors determining the structure of the American government, Beard questioned the Founding Fathers' motivations in drafting the Constitution and viewed the results as a product of economic self-interest.Brimming with human interest, insights, and information every student of American history will prize, this volume — one of the most controversial books of its time — continues to prompt new perceptions of the supreme law of the land."A staple for history and economics collections." — Library Journal."Replete with human interest and compact with information of importance to every student of American history or of political science." — Annals of the American Academy of Political and Social Science.
Rise of the Warrior Cop: The Militarization of America's Police Forces
Radley Balko - 2013
As a result, our country has generally worked to keep the military out of law enforcement. But according to investigative reporter Radley Balko, over the last several decades, America’s cops have increasingly come to resemble ground troops. The consequences have been dire: the home is no longer a place of sanctuary, the Fourth Amendment has been gutted, and police today have been conditioned to see the citizens they serve as an other—an enemy.Today’s armored-up policemen are a far cry from the constables of early America. The unrest of the 1960s brought about the invention of the SWAT unit—which in turn led to the debut of military tactics in the ranks of police officers. Nixon’s War on Drugs, Reagan’s War on Poverty, Clinton’s COPS program, the post–9/11 security state under Bush and Obama: by degrees, each of these innovations expanded and empowered police forces, always at the expense of civil liberties. And these are just four among a slew of reckless programs.In Rise of the Warrior Cop, Balko shows how politicians’ ill-considered policies and relentless declarations of war against vague enemies like crime, drugs, and terror have blurred the distinction between cop and soldier. His fascinating, frightening narrative shows how over a generation, a creeping battlefield mentality has isolated and alienated American police officers and put them on a collision course with the values of a free society.
The American Revolution: A History
Gordon S. Wood - 2002
Ellis, author of Founding Brothers A magnificent account of the revolution in arms and consciousness that gave birth to the American republic. When Abraham Lincoln sought to define the significance of the United States, he naturally looked back to the American Revolution. He knew that the Revolution not only had legally created the United States, but also had produced all of the great hopes and values of the American people. Our noblest ideals and aspirations-our commitments to freedom, constitutionalism, the well-being of ordinary people, and equality-came out of the Revolutionary era. Lincoln saw as well that the Revolution had convinced Americans that they were a special people with a special destiny to lead the world toward liberty. The Revolution, in short, gave birth to whatever sense of nationhood and national purpose Americans have had. No doubt the story is a dramatic one: Thirteen insignificant colonies three thousand miles from the centers of Western civilization fought off British rule to become, in fewer than three decades, a huge, sprawling, rambunctious republic of nearly four million citizens. But the history of the American Revolution, like the history of the nation as a whole, ought not to be viewed simply as a story of right and wrong from which moral lessons are to be drawn. It is a complicated and at times ironic story that needs to be explained and understood, not blindly celebrated or condemned. How did this great revolution come about? What was its character? What were its consequences? These are the questions this short history seeks to answer. That it succeeds in such a profound and enthralling way is a tribute to Gordon Wood’s mastery of his subject, and of the historian’s craft.From the Hardcover edition.
From Freedom To Slavery: The Rebirth of Tyranny in America
Gerry Spence - 1993
In this underground bestseller, which has come to define Spence's political philosophy, he speaks out against the destructive forces in America today-forces of government and corporate tyranny that are robbing us of our freedom-and he warns us that time is running out.In a dramatic new chapter, presented for the first time in a trade paperback edition, Spence recounts in astonishing detail the government shoot-out at Ruby Ridge and the resulting trial of separatist Randy Weaver, revealing the important lessons we must learn from this tragic case.Finally, Spence makes the eloquent case that we, as Americans, have delivered our freedoms to new masters: corporate and governmental conglomerates, our biased court system, and the censored media. From Freedom to Slavery is an urgent work that urges us to resist this tyranny, a book that must be read and discussed by all concerned citizens of our troubled land.
Active Liberty: Interpreting Our Democratic Constitution
Stephen G. Breyer - 2005
As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
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.
The End of History and the Last Man
Francis Fukuyama - 1992
Francis Fukuyama's prescient analysis of religious fundamentalism, politics, scientific progress, ethical codes, and war is as essential for a world fighting fundamentalist terrorists as it was for the end of the Cold War. Now updated with a new afterword, The End of History and the Last Man is a modern classic.
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
The Living Constitution
David A. Strauss - 2010
He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago.David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Supreme Injustice
Alan M. Dershowitz - 2001
Supreme Court's role in deciding the presidential election of 2000 with its controversial ruling in Bush v. Gore. The Court had held a unique place in our system of checks and balances, seen as the embodiment of fairness and principle precisely because it was perceived to be above the political fray. How could it now issue a decision that reeked of partisan politics, and send to the White House a candidate who may have actually lost the election? In Supreme Injustice, best-selling author and legal expert Alan M. Dershowitz addresses these questions head-on, at last demystifying Bush v. Gore for those who are still angered by the court's decision but unclear about its meaning. Dershowitz--himself a former Supreme Court clerk--argues that in this case for the first time, the court's majority let its desire for a particular partisan outcome have priority over legal principles. As in his other bestselling books, Dershowitz clarifies complex legal issues, explaining concepts such as equal protection and irreparable harm. Digging deeply into their earlier writings and rulings, Dershowitz proves beyond a reasonable doubt that the justices who gave George W. Bush the presidency contradicted their previous positions to do so. The most egregious ruling since the Dred Scott Decision, Bush v. Gore has shattered the image of the Supreme Court as a fair and impartial arbiter of important national issues. The resulting loss of the American people's respect, Dershowitz concludes, has severely compromised the Court's role in national affairs. And yet Dershowitz sees some benefit emerging from this constitutional crisis--if we understand its lessons and take action to prevent it from happening again.
Strongmen: Mussolini to the Present
Ruth Ben-Ghiat - 2020
Their mutual-admiration club also draws on models from the past. Vladimir Putin rehabilitates Soviet tyrant Joseph Stalin, Donald Trump praises Libyan despot Muammar Gaddafi, Jair Bolsonaro admires Chilean dictator Augusto Pinochet, and Recep Tayyip Erdogan invokes Adolf Hitler as the model of an efficient leader.Ruth Ben-Ghiat covers a century of authoritarianism to explain why strongman rulers in Africa, Europe, and Latin America, drawing from a common playbook of machismo, propaganda, violence, and corruption, have found popular support even as they bring ruin to their countries. The fruit of decades of research, Strongmen gives readers insight into how such rulers think, who and what they depend on, and how they can be opposed.
The Curious Case of Kiryas Joel: The Rise of a Village Theocracy and the Battle to Defend the Separation of Church and State
Louis Grumet - 2016
The rapidly growing sect had bought land in rural Upstate New York, populated it solely with members of its faction, and created a village called Kiryas Joel that exerted extraordinary political pressure over both political parties. Marking the first time in American history that a governmental unit was established for a religious group, the legislature’s action prompted years of litigation that eventually went to the US Supreme Court.As today’s Supreme Court signals its willingness to view a religious viewpoint like any other speech and accord it equal protection, the 1994 case, Board of Education of Kiryas Joel Village School District v. Grumet, stands as the most important legal precedent in the fight to uphold the separation of church and state. In The Curious Case of Kiryas Joel, plaintiff Louis Grumet opens a window onto the Satmar Hasidic community, where language, customs, and dress have led to estrangement from and clashes with neighboring communities, and details the inside story of his fight for the First Amendment and against New York’s most powerful politicians.Informed by numerous interviews with key figures such as Governor George Pataki, media accounts, court transcripts, and more, The Curious Case of Kiryas Joel not only tantalizes with a peek at cynical power politics driven by votes and Supreme Court justice squabbling and negotiation; it also provides an important demonstration of how a small, insular, and politically savvy religious group can grasp legal and political power. This story—a blend of politics, religion, cultural clashes, and constitutional tension—is an object lesson in the ongoing debate over freedom of versus freedom from religion.