An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

    Wood elucidates the debates over the founding documents of the United States.The half century extending from the imperial crisis between Britain and its colonies in the 1760s to the early decades of the new republic of the United States was the greatest and most creative era of constitutionalism in American history, and perhaps in the world. During these decades, Americans explored and debated all aspects of politics and constitutionalism--the nature of power, liberty, representation, rights, the division of authority between different spheres of government, sovereignty, judicial authority, and written constitutions. The results of these issues produced institutions that have lasted for over two centuries.In this new book, eminent historian Gordon S. Wood distills a lifetime of work on constitutional innovations during the Revolutionary era. In concise form, he illuminates critical events in the nation's founding, ranging from the imperial debate that led to the Declaration of Independence to the revolutionary state constitution making in 1776 and the creation of the Federal Constitution in 1787. Among other topics, he discusses slavery and constitutionalism, the emergence of the judiciary as one of the major tripartite institutions of government, the demarcation between public and private, and the formation of states' rights.Here is an immensely readable synthesis of the key era in the making of the history of the United States, presenting timely insights on the Constitution and the nation's foundational legal and political documents.

    Although they do not represent a majority of Americans—and will not for the foreseeable future—today’s Republican senators possess the power to block most legislation. Once known as “the world’s greatest deliberative body,” the Senate has become one of the greatest threats to our democracy. How did this happen?In Kill Switch, Senate insider Adam Jentleson contends that far from reflecting the Framers’ vision, the Senate has been transformed over the decades by a tenacious minority of white conservatives. From John Calhoun in the mid-1800s to Mitch McConnell in the 2010s, their primary weapon has been the filibuster, or the requirement that most legislation secure the support of a supermajority of senators. Yet, as Jentleson reveals, the filibuster was not a feature of the original Senate and, in allowing a determined minority to gridlock the federal government, runs utterly counter to the Framers’ intent.For much of its history, the filibuster was used primarily to prevent civil rights legislation from becoming law. But more recently, Republicans have refined it into a tool for imposing their will on all issues, wielding it to thwart an increasingly progressive American majority represented by Barack Obama’s agenda and appointees. Under Donald Trump, McConnell merged the filibuster with rigid leadership structures initially forged by Lyndon Johnson, in the process surrendering the Senate’s independence and centrality, as infamously shown by its acquiescence in Trump’s impeachment trial. The result is a failed institution and a crippled democracy.Taking us into the Capitol Hill backrooms where the institution’s decline is most evident, Jentleson shows that many of the greatest challenges of our era—partisan polarization, dark money, a media culture built on manufactured outrage—converge within the Senate. Even as he charts the larger forces that have shaped the institution where he served, Jentleson offers incisive portraits of the powerful senators who laid the foundation for the modern Senate, from Calhoun to McConnell to LBJ’s mentor, Richard Russell, to the unapologetic racist Jesse Helms.An essential, revelatory investigation, Kill Switch ultimately makes clear that unless we immediately and drastically reform the Senate’s rules and practices—starting with reforming the filibuster—we face the prospect of permanent minority rule in America.

    Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

    The predictions that the court would move irrevocably to the far right hadn't come to pass, as the justices released surprisingly moderate opinions in cases involving abortion rights, LGBTQ rights, and how local governments could respond to the pandemic, all shepherded by Chief Justice John Roberts. By the end of the 2020-21 term, much about the nation's highest court had changed. The right-wing supermajority had completed its first term on the bench, cementing Donald Trump's legacy on American jurisprudence.This is the story of those twelve months. From the death of Ruth Bader Ginsburg to the rise of Amy Coney Barrett, from the pandemic to the election, from the Trump campaign's legal challenges to the ongoing debate about the role of religion in American life, the Supreme Court has been at the center of many of the biggest events of the year, with the liberal justices Sonia Sotomayor, Elena Kagan, and Stephen Breyer outnumbered six to three. Throughout Justice on the Brink, legendary journalist Linda Greenhouse, who won a Pulitzer Prize for her Supreme Court coverage, gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect.Ultimately, Greenhouse asks a fundamental question relevant to all Americans: Is this still John Roberts's Supreme Court, or does the court now belong to Donald Trump?

    By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. Six Amendments is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, Six Amendments is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.

    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.

    This inexpesnive pamphlet edition is sure to be prized by Americans of all ages.

    Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the twenty-first century.Of impeachments, one Constitutional Convention delegate declared, "A good magistrate will not fear them. A bad one will be kept in fear of them." To End a Presidency is an essential book for all Americans seeking to understand how this crucial but fearsome power should be exercised.

    In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority.In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied.Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

     Edited and introduced by Ralph Ketcham.

    Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights. Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.

    Ellis focuses the conversation on the often-asked question "What would the Founding Fathers think?" He examines four of our most seminal historical figures through the prism of particular topics, using the perspective of the present to shed light on their views and, in turn, to make clear how their now centuries-old ideas illuminate the disturbing impasse of today's political conflicts. He discusses Jefferson and the issue of racism, Adams and the specter of economic inequality, Washington and American imperialism, Madison and the doctrine of original intent. Through these juxtapositions--and in his hallmark dramatic and compelling narrative voice--Ellis illuminates the obstacles and pitfalls paralyzing contemporary discussions of these fundamentally important issues.8 Hours and 30 Minutes

    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.

    The system that had sustained the defeated South moved westward and there established a foothold. It was a natural fit. Settlers from the East had for decades been pushing into the West, where the seizure of Mexican lands at the end of the Mexican-American War and treatment of Native Americans cemented racial hierarchies. The South and West equally depended on extractive industries-cotton in the former and mining, cattle, and oil in the latter-giving rise a new birth of white male oligarchy, despite the guarantees provided by the 13th, 14th, and 15th Amendments, and the economic opportunities afforded by expansion.To reveal why this happened, How the South Won the Civil War traces the story of the American paradox, the competing claims of equality and subordination woven into the nation's fabric and identity. At the nation's founding, it was the Eastern "yeoman farmer" who galvanized and symbolized the American Revolution. After the Civil War, that mantle was assumed by the Western cowboy, singlehandedly defending his land against barbarians and savages as well as from a rapacious government. New states entered the Union in the late nineteenth century and western and southern leaders found yet more common ground. As resources and people streamed into the West during the New Deal and World War II, the region's influence grew. "Movement Conservatives," led by westerners Barry Goldwater, Richard Nixon, and Ronald Reagan, claimed to embody cowboy individualism and worked with Dixiecrats to embrace the ideology of the Confederacy.Richardson's searing book seizes upon the soul of the country and its ongoing struggle to provide equal opportunity to all. Debunking the myth that the Civil War released the nation from the grip of oligarchy, expunging the sins of the Founding, it reveals how and why the Old South not only survived in the West, but thrived.