The Color of Law: A Forgotten History of How Our Government Segregated America


Richard Rothstein - 2017
    Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day.Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north.As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods.The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.

Where Law Ends: Inside the Mueller Investigation


Andrew Weissmann - 2020
    "Weissmann delivers the kind of forceful, ringing indictment that Mueller's report did not."--The New York Times In May 2017, Robert Mueller was tapped to lead an inquiry into Russian interference in the 2016 presidential election, coordination by foreign agents with Donald Trump's campaign, and obstruction of justice by the president. Mueller assembled a "dream team" of top prosecutors, and for the next twenty-two months, the investigation was a black box and the subject of endless anticipation and speculation--until April 2019, when the special counsel's report was released.In Where Law Ends, legendary prosecutor Andrew Weissmann--a key player in the Special Counsel's Office--finally pulls back the curtain to reveal exactly what went on inside the investigation, including the heated debates, painful deliberations, and mistakes of the team--not to mention the external efforts by the president and Attorney General William Barr to manipulate the investigation to their political ends. Weissmann puts the reader in the room as Mueller's team made their most consequential decisions, such as whether to subpoena the president, whether to conduct a full financial investigation of Trump, and whether to explicitly recommend obstruction charges against him. Weissmann also details for the first time the debilitating effects that President Trump himself had on the investigation, through his dangling of pardons and his constant threats to shut down the inquiry and fire Mueller, which left the team racing against the clock and essentially fighting with one hand tied behind their backs.  In Where Law Ends, Weissmann conjures the camaraderie and esprit de corps of the investigative units led by the enigmatic Mueller, a distinguished public servant who is revealed here, in a way we have never seen him before, as a manager, a colleague, and a very human presence. Weissmann is as candid about the team's mistakes as he is about its successes, and is committed to accurately documenting the historic investigation for future generations to assess and learn from. Ultimately, Where Law Ends is a story about a team of public servants, dedicated to the rule of law, tasked with investigating a president who did everything he could to stand in their way.

Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality


Richard Kluger - 1975
    Supreme Court’s epochal decision outlawing racial segregation and the centerpiece of African-Americans’ ongoing crusade for equal justice under law.The 1954 Supreme Court ruling in the case of Brown v. Board of Education brought centuries of legal segregation in this country to an end. It was and remains, beyond question, one of the truly significant events in American history, “probably the most important American government act of any kind since the Emancipation Proclamation,” in the view of constitutional scholar Louis H. Pollak. The Brown decision climaxed a long, torturous battle for black equality in education, making hard law out of vague principles and opening the way for the broad civil rights upheavals of the 1960s and beyond.Simple Justice is the story of that battle. Richard Kluger traces the background of the epochal decision, from its remote legal and cultural roots to the complex personalities of those who brought about its realization. The result is a landmark work of popular history, graceful and fascinatingly detailed, the panoramic account of a struggle for human dignity in process since the birth of the nation.Here is the human drama, told in all its dimensions, of the many plaintiffs, men, women, and children, variously scared or defiant but always determined, who made the hard decision to proceed – bucking the white power structure in Topeka, Kansas; braving night riders in rural South Carolina; rallying fellow high school students in strictly segregated Prince Edward County, Virginia – and at a dozen other times and places showing their refusal to accept defeat.Here, too, is the extraordinary tale, told for the first time, of the black legal establishment, forced literally to invent itself before it could join the fight, then patiently assembling, in courtroom after courtroom, a body of law that would serve to free its people from thralldom to unjust laws. Heroes abound, some obscure, like Charles Houston (who built Howard Law School into a rigorous academy for black lawyers) and the Reverend J.A. DeLaine (the minister-teacher who, despite bitter opposition, organized and led the first crucial fight for educational equality in the Jim Crow South), others like Thurgood Marshall, justly famous – but all of whose passionate devotion proved intense enough to match their mission.Reading Simple Justice, we see how black Americans’ groundswell urge for fair treatment collides with the intransigence of white supremacists in a grinding legal campaign that inevitably found its way to the halls and chambers of the Supreme Court for a final showdown. Kluger searches out and analyzes what went on there during the months of hearings and deliberations, often behind closed doors, laying bare the doubts, disagreements, and often deeply held convictions of the nine Justices. He shows above all how Chief Justice Earl Warren, new to the Court but old in the ways of politics, achieved the impossible – a unanimous decision to reverse the 58-year-old false doctrine of “separate but equal” education for blacks. Impeccably researched and elegantly written, this may be the most revealing report ever published of America’s highest court at work.Based on extensive interviews and both published and unpublished documentary sources, Simple Justice has the lineaments of an epic. It will stand as the classic study of a turning point in our history.

Constitutional Chaos: What Happens When the Government Breaks Its Own Laws


Andrew P. Napolitano - 2004
    In this sensational book, Napolitano sets the record straight, speaking frankly from his own experiences and investigation about how government agencies will often arrest without warrant, spy without legal authority, imprison without charge, and kill without cause.

Second Treatise of Government


John Locke - 1689
    The principles of individual liberty, the rule of law, government by consent of the people, and the right to private property are taken for granted as fundamental to the human condition now. Most liberal theorists writing today look back to Locke as the source of their ideas. Some maintain that religious fundamentalism, "post-modernism," and socialism are today the only remaining ideological threats to liberalism. To the extent that this is true, these ideologies are ultimately attacks on the ideas that Locke, arguably more than any other, helped to make the universal vocabulary of political discourse.

The Heartbeat of Wounded Knee: Native America from 1890 to the Present


David Treuer - 2019
    Not only did one hundred fifty Sioux die at the hands of the U. S. Cavalry, the sense was, but Native civilization did as well. Growing up Ojibwe on a reservation in Minnesota, training as an anthropologist, and researching Native life past and present for his nonfiction and novels, David Treuer has uncovered a different narrative. Because they did not disappear—and not despite but rather because of their intense struggles to preserve their language, their traditions, their families, and their very existence—the story of American Indians since the end of the nineteenth century to the present is one of unprecedented resourcefulness and reinvention. In The Heartbeat of Wounded Knee, Treuer melds history with reportage and memoir. Tracing the tribes' distinctive cultures from first contact, he explores how the depredations of each era spawned new modes of survival. The devastating seizures of land gave rise to increasingly sophisticated legal and political maneuvering that put the lie to the myth that Indians don't know or care about property. The forced assimilation of their children at government-run boarding schools incubated a unifying Native identity. Conscription in the US military and the pull of urban life brought Indians into the mainstream and modern times, even as it steered the emerging shape of self-rule and spawned a new generation of resistance. The Heartbeat of Wounded Knee is the essential, intimate story of a resilient people in a transformative era.

The Second Amendment


Michael Waldman - 2014
    Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the 20th century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun.The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions.In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.

The Assassination Complex: Inside the Government's Secret Drone Warfare Program


Jeremy Scahill - 2016
    A must-read for concerned citizens” (Library Journal, starred review) from bestselling author Jeremy Scahill and his colleagues at the investigative website The Intercept.Drones are a tool, not a policy. The policy is assassination. But drone strikes often kill people other than the intended target. These deaths, which have included women and children, dwarf the number of actual combatants who have been assassinated by drones. They have generated anger toward the United States among foreign populations and have even become a recruiting tool for jihadists.The first drone strike outside a declared war zone was conducted more than twelve years ago, but it was not until May 2013 that the White House released a set of standards and procedures for conducting such strikes. However, there was no explanation of the internal process used to determine whether a suspect should be killed without being indicted or tried, even if that suspect is an American citizen. The implicit message of the Obama administration has been: Trust, but don’t verify. The Assassination Complex reveals stunning details of the government’s secretive drone warfare program based on documents supplied by a confidential source in the intelligence community. These documents make it possible to begin the long-overdue debate about the policy of drone warfare and how it is conducted. The Assassination Complex allows us to understand at last the circumstances under which the US government grants itself the right to sentence individuals to death without the established checks and balances of arrest, trial, and appeal—“readers will be left in no doubt that drone warfare affronts morality and the Constitution” (Kirkus Reviews).

Fortress America: How We Embraced Fear and Abandoned Democracy


Elaine Tyler May - 2017
    And yet, crime rates have plummeted, making life in America safer than ever. Why, then, are Americans so afraid-and where does this fear lead to?In this remarkable work of social history, Elaine Tyler May demonstrates how our obsession with security has made citizens fear each other and distrust the government, making America less safe and less democratic. Fortress America charts the rise of a muscular national culture, undercutting the common good. Instead of a thriving democracy of engaged citizens, we have become a paranoid, bunkered, militarized, and divided vigilante nation.

That's Not What They Meant!: Reclaiming the Founding Fathers from America's Right Wing


Michael Austin - 2012
    In 2011, Glenn Beck released a "modern translation" of the Federalist Papers and a new biography of George Washington. In the same year, Rick Perry, the governor of Texas, published a book in which he argued that the Founding Fathers intended the individual states to be more powerful than the federal government. Each of these books, and many others published over the past few years, presents the Founding Fathers as a group of wise, philosophically indistinguishable statesmen who spoke about timeless issues with a unified voice. In the place of rigorous history, the authors substitute out-of-context proof texts; in the place of real analysis of the remarkable individuals who created America, they offer us a collective mythology of the founding era. This book examines dozens of books, articles, speeches, and radio broadcasts by such figures as Glenn Beck, Mark Levin, Sean Hannity, Larry Schweikart, and David Barton to expose the deep historical flaws in their use of America's founding history. In contrast to their misleading method of citing proof texts to serve a narrow agenda, Austin allows the Founding Fathers to speak for themselves, situating all quotations in the proper historical context. What emerges is a true historical picture of men who often disagreed with one another on such crucial issues as federal power, judicial review, and the separation of church and state. As Austin shows, the real legacy of the Founding Fathers to us is a political process: a system of disagreement, debate, and compromise that has kept democracy vibrant in America for more than two hundred years.

The Grouchy Historian: An Old-Time Lefty Defends Our Constitution Against Right-Wing Hypocrites and Nutjobs


Ed Asner - 2017
    Lou Grant from The Mary Tyler Moore Show—reclaims the Constitution from the right-wingers who think that they and only they know how to interpret it.Ed Asner, a self-proclaimed dauntless Democrat from the old days, figured that if the right-wing wackos are wrong about voter fraud, Obama’s death panels, and climate change, they are probably just as wrong about what the Constitution says. There’s no way that two hundred-plus years later, the right-wing ideologues know how to interpret the Constitution. On their way home from Philadelphia the people who wrote it couldn’t agree on what it meant. What was the president’s job? Who knew? All they knew was that the president was going to be George Washington and as long as he was in charge, that was good enough. When Hamilton wanted to start a national bank, Madison told him that it was unconstitutional. Both men had been in the room when the Constitution was written. And now today there are politicians and judges who claim that they know the original meaning of the Constitution. Are you kidding? In The Grouchy Historian, Ed Asner leads the charge for liberals to reclaim the Constitution from the right-wingers who use it as their justification for doing whatever terrible thing they want to do, which is usually to comfort the comfortable and afflict the afflicted. It’s about time someone gave them hell and explained that progressives can read, too.

Storming the Court: How a Band of Yale Law Students Sued the President--And Won


Brandt Goldstein - 2005
    "Storming the Court" takes readers inside this modern-day atrocity to tell the tale of Yvonne Pascal -- a young, charismatic activist -- and other Haitian refugees who had fled their violent homeland only to end up prisoners at Guantanamo. They had no lawyers, no contact with the outside world, and no hope...except for a band of students at Yale Law School fifteen hundred miles away.Led by Harold Koh, a gifted but untested law professor, these remarkable twentysomethings waged a legal war against two U.S. presidents to defend the Constitution and the principles symbolized by the Statue of Liberty. It was an education in law unlike any other. With the refugees' lives at stake, the students threw aside classes and career plans to fight an army of government attorneys in a case so politically volatile that the White House itself intervened in the legal strategy.Featuring a real-life cast that includes Kenneth Starr and other top Justice Department officials, U.S. marines, radical human-rights lawyers, and Presidents George H. W. Bush and Bill Clinton, "Storming the Court" follows the students from the classrooms at Yale to the prison camp at Guantanamo to the federal courts in NewYork and Washington as they struggle to save Yvonne Pascal and her fellow Haitian refugees.At a time when the treatment of post-9/11 Guantanamo detainees has been challenged in the public arena and the courts, this book traces the origins of the legal battle over America's use of the naval base as a prison and illuminates the troubling ways that politics can influence legal decisions. Above all, though, "Storming the Court" is the David-and-Goliath story of a group of passionate law students who took on their government in the name of the greatest of American values: freedom.

The U.S. Constitution: Explained--Clause by Clause--For Every American Today


Ray Raphael - 2017
    Setting forth the workings of our democracy, it is the bedrock document from which we derive our policies on topics as diverse and galvanizing as immigration, gun ownership, voting rights, taxation, policing, civil liberties, and war.In this indispensable edition, acclaimed historian and Constitutional expert Ray Raphael guides us through the origins, impact, and current relevance of the original text and all twenty-seven amendments. Here is the key historical context for issues in the news today--from the Electoral College to Washington gridlock, from peaceful protests to executive power. Thoughtful and nuanced, lively and highly readable, this annotated Constitution is for all of us to read and refer to--the ultimate political fact-checking source for every American.

Surviving Autocracy


Masha Gessen - 2020
    Within forty-eight hours of his victory, the essay "Autocracy: Rules for Survival" had gone viral, and Gessen's coverage of his norm-smashing presidency became essential reading for a citizenry struggling to wrap their heads around the unimaginable. Thanks to the special perspective that is the legacy of a Soviet childhood and two decades covering the resurgence of totalitarianism in Russia, Gessen has a sixth sense for signs of autocracy--and the unique cross-cultural fluency to delineate its emergence to Americans. This incisive book provides an indispensable overview of the calamitous trajectory of the past few years. Gessen not only highlights the corrosion of the media, the judiciary, and the cultural norms we hoped would save us but also tells us the story of how a short few years have changed us, from a people who saw ourselves as a nation of immigrants to a populace haggling over a border wall, heirs to a degraded sense of truth, meaning, and possibility. Surviving Autocracy is an inventory of ravages but also a beacon to recovery--or to enduring, and resisting, an ongoing assault.

The Woman Behind the New Deal: The Life of Frances Perkins, FDR'S Secretary of Labor and His Moral Conscience


Kirstin Downey - 2009
    Based on eight years of research, extensive archival materials, new documents, and exclusive access to Perkins’s family members and friends, this biography is the first complete portrait of a devoted public servant with a passionate personal life, a mother who changed the landscape of American business and society.Frances Perkins was named Secretary of Labor by Franklin Roosevelt in 1933. As the first female cabinet secretary, she spearheaded the fight to improve the lives of America’s working people while juggling her own complex family responsibilities. Perkins’s ideas became the cornerstones of the most important social welfare and legislation in the nation’s history, including unemployment compensation, child labor laws, and the forty-hour work week. Arriving in Washington at the height of the Great Depression, Perkins pushed for massive public works projects that created millions of jobs for unemployed workers. She breathed life back into the nation’s labor movement, boosting living standards across the country. As head of the Immigration Service, she fought to bring European refugees to safety in the United States. Her greatest triumph was creating Social Security. Written with a wit that echoes Frances Perkins’s own, award-winning journalist Kirstin Downey gives us a riveting exploration of how and why Perkins slipped into historical oblivion, and restores Perkins to her proper place in history.