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.
The Senator: My Ten Years with Ted Kennedy
Richard E. Burke - 1992
Kennedy of Massachusetts. Through ability, hard work, and dedication, Burke rose in the next four years to become one of the Senator's closest staff members. In 1977 he was made Kennedy's personal assistant; after his appointment in 1978 as administrative assistant - the youngest in the Senate - he came to know Edward M. Kennedy perhaps more intimately than anyone outside the closed circle of the Senator's family. He was often the last to see the Senator at night and the first to see him in the morning. This book is the account of what Richard Burke witnessed and experienced during his decade at the Senator's right hand. It is neither a full biography nor an examination of Kennedy's long career in government. Rather, it is the history of a young man who shared the Senator's professional and personal lives during a time marked by exhilarating public achievements and tragic secret misconduct. His story is not only the chronicle of a shattered idol, but of Richard Burke's own fall from grace, and eventual recovery. Burke does not shrink from confronting his own faults, and he agrees with the Senator: It is time for him to confront his.
History of the Early Settlement and Indian Wars of West Virginia
Wills De Hass - 1851
This area was dangerous and many who had ventured there alone had never returned.
But slowly over the course of this century settlers continued to push further west until regions such as West Virginia were populated with more and more adventurous young men and women. The settlement of these lands did not occur without difficulties and colonizers frequently came into conflict with the local Native American populations. Wills De Hass’s remarkable book History of the Early Settlement and Indian Wars of West Virginia is a fascinating history of how the lands of the west were first settled by white emigrants in the eighteenth century and how these settlers came into frequent strife with the Native American tribes who had previously lived there. Beginning with Columbus’ discovery of this great continent Wills De Hass charts the colonization of this expansive land. He records with brilliant detail the early encounters that Europeans had with the men and women that they found already living across the region and explains how various nations from across the Atlantic made their first tentative footholds on this newly discovered land. De Hass records how settlers were not only conflict with Native Americans but also with each other as this region descended into war, firstly during the French and Indian War and shortly afterwards during the American War of Independence. Particularly fascinating throughout the book are the biographical sketches of various well-known frontiersmen who were particularly influential in the Ohio Valley and northwestern Virginia. This book is perfect for anyone interested in the early settlement of western regions prior to 1795 and how this area was frequently in conflict as settlers attempted to assert their rights against the wishes of the Native American populations. Wills de Hass was a lecturer and writer on archaeological and historical subjects. His book History of the Early Settlement and Indian Wars of Western Virginia was first published in 1851 and De Hass passed away 1910.
Thirty-six Years in the White House (1902)
Thomas Franses Pendel - 2016
Pendel's attention. It is very interesting and throws many sidelights on the life of the White House. Pendel writes: "In 1861, or 1862, the Metropolitan Police was established by Congress at the Capital, and I made application for and received an appointment on the force. I made the first arrest, with the assistance of "Buck" Essex. The case was that of a fellow named Grady, one of the English Hill toughs. A roundsman said to us, "Boys, you take a walk down Seventh Street, and if you see anything going on, take a hand in it." Just as we got opposite the Patent Office, this Grady had assaulted, or rather was assaulting, a young fellow with a whip. I went up and grabbed him and put him under arrest, then took him to Squire Dunn's court and preferred charges against him. The Squire was busy writing for some time. When he got through he handed me the paper he was writing, and I was so green at the business I did not know what it was, so said: "What is this, Squire?" He replied, "Why, that is the paper of commitment for this fellow. Take him to jail." "On November 3, 1864, Sergeant John Cronin, Alfonso Dunn, Andrew Smith, and myself were ordered to report at the First Precinct, in the old City Hall, at one o'clock in the afternoon. We supposed we were to be detailed for detective work in New York City on account of the great riot then on there, especially as we were ordered to report in citizens' clothes, to conceal our revolvers, and to be sure to have them all clean and in good order. We arrived at the City Hall, and then were told where we were to go, which was to the President's Mansion, there to report to Marshal Lanham, at that time United States Marshal of the District of Columbia, and a bosom friend of Abraham Lincoln. "These were days that tried men's hearts, and women's, too. Men were falling at the front by hundreds, both in the Union and in the Confederate armies. There was weeping and mourning all over the land. Our nation was trembling with anxiety; we were all hoping that the great strife was over or soon to be. "Marshal Lanham took us upstairs and into the President's office, where we were introduced to him and to his two secretaries, Mr. Nicolay and Mr. Hay, the latter now being Secretary of State. We were then instructed to keep a sharp lookout in the different parts of the house, more particularly in the East Room and at the door of the President's office. " CONTENTS I — Under President Lincoln II — Under President Johnson III — Under President Grant IV — Under President Hayes V — Under President Garfield VI — Under President Arthur VII — Under President Cleveland VIII — Under President Harrison IX — Cleveland's Second Administration X— Under President McKinley XI — Furniture in Executive Mansion Originally published in 1902; reformatted for the Kindle; may contain an occasional imperfections; original spellings have been kept in place.
A History of the Supreme Court
Bernard Schwartz - 1979
John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it almost bombastically pretentious, and another asked, What are we supposed to do, ride in on nine elephants? He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
The American College and University: A History
Frederick Rudolph - 1965
Bridging the chasm between educational and social history, this book was one of the first to examine developments in higher education in the context of the social, economic, and political forces that were shaping the nation at large.Surveying higher education from the colonial era through the mid-twentieth century, Rudolph explores a multitude of issues from the financing of institutions and the development of curriculum to the education of women and blacks, the rise of college athletics, and the complexities of student life. In his foreword to this new edition, John Thelin assesses the impact that Rudolph's work has had on higher education studies. The new edition also includes a bibliographic essay by Thelin covering significant works in the field that have appeared since the publication of the first edition.At a time when our educational system as a whole is under intense scrutiny, Rudolph's seminal work offers an important historical perspective on the development of higher education in the United States.
The Court and the World: American Law and the New Global Realities
Stephen G. Breyer - 2015
It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.From the Hardcover edition.
The Brethren: Inside the Supreme Court
Bob Woodward - 1979
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action.Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
Attorney for the Damned: Clarence Darrow in the Courtroom
Clarence Darrow - 1901
All of Darrow's most celebrated pleas are here—in defense of Leopold and Loeb (1924), of Lieutenant Massie (1932), of Big Bill Haywood (1907), of Thomas Scopes (1925), and of himself for attempted bribery."—The New Yorker
The Supreme Court: Landmark Decisions: 20 Cases that Changed America
Anthony Mauro - 2016
Hodges In the United States of America, the legislative branch is responsible for creating legislation, while the executive branch is responsible for signing that legislation and enforcing it. But how do senators, representatives, and presidents make sure that these laws don’t run afoul of the Constitution that guides the running of the country? The nine justices of the Supreme Court of the United States serve as the final arbiters of which laws are and aren’t constitutional. Every year, thousands of contentious cases are submitted to the court for that reason; only about eighty of them are heard. Out of those cases, many are remembered only by the people directly involved. But over the years, many cases heard by the Supreme Court have gone on to affect the lives of many or even all American citizens. In The Supreme Court: Landmark Decisions, veteran court reporter Tony Mauro picks out the twenty most momentous Supreme Court cases in United States history. In his reviews of Marbury v. Madison, the 1803 case that first affirmed the Supreme Court’s status as the country’s final legal arbiter, to Obergefell v. Hodges, the 2015 case that legalized same-sex marriage, Mauro summarizes each case and includes cogent summaries of the justices’ decisions, as well as notable dissents. With Mauro’s crisp language and sharp insights, The Supreme Court: Landmark Decisions serves as your quick, concise, and informative guide to one of the most important, and sometimes least-understood, institutions in the nation.
The American Supreme Court (The Chicago History of American Civilization)
Robert G. McCloskey - 1960
McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. In this fourth edition, Sanford Levinson extends McCloskey's magisterial treatment to address the Court's most recent decisions, including its controversial ruling in Bush v. Gore and its expansion of sexual privacy in Lawrence v. Texas. The book's chronology of important Supreme Court decisions and itsannotated bibliographical essay have also been updated.As in previous editions, McCloskey's original text remains unchanged. He argues that the Court's strength has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. Levinson's two new chapters show how McCloskey's approach continues to illuminate recent developments, such as the Court's seeming return to its pre-1937 role as "umpire" of the federal system. It is in Bush v. Gore, however, where the implications of McCloskey's interpretation stand out most clearly.The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to its past, present, and future prospects of this institution.
Bill Mauldin: A Life Up Front
Todd DePastino - 2008
Week after week, Mauldin defied army censors, German artillery, and Patton’s pledge to “throw his ass in jail” to deliver his wildly popular cartoon, “Up Front,” to the pages of Stars and Stripes. “Up Front” featured the wise-cracking Willie and Joe, whose stooped shoulders, mud-soaked uniforms, and pidgin of army slang and slum dialect bore eloquent witness to the world of combat and the men who lived—and died—in it. This taut, lushly illustrated biography—the first of two-time Pulitzer Prize winner Bill Mauldin—is illustrated with more than ninety classic Mauldin cartoons and rare photographs. It traces the improbable career and tumultuous private life of a charismatic genius who rose to fame on his motto: “If it’s big, hit it.”
Rick Steves Snapshot Kraków, Warsaw & Gdansk
Rick Steves - 2010
Visit Krakow's stunning Main Market Square, Warsaw's historical Royal Way, or Gdansk's Main Town Hall, featuring Golden Age decorations. You'll get firsthand advice on the best sights, eating, sleeping, and nightlife, and the maps and self-guided tours will ensure you make the most of your experience. More than just reviews and directions, a Rick Steves Snapshot guide is a tour guide in your pocket.
Remember The Alamo?: American History In Bite Sized Chunks
Alison Rattle - 2009
. . from Plymouth Rock to Pearl Harbor-the history of America in bite-size chunks How did the conquistadors first stumble across America-and what were the Spanish looking for anyway? What was the Dred Scott Supreme Court case and how did it affect the Civil War? And while some of us may indeed remember the Alamo, why were we once urged to "Remember the Maine"? Here, in chronological order, is a rollicking tour of American history from Columbus's arrival through Nixon's resignation, including details about the early colonists, Manifest Destiny, the Civil War-from Southern secession to the surrender at Appomattox-and the nation's plunge into World War I and the end of U.S. isolationism. It's the perfect refresher for all the things we learned in school but may have forgotten since. In concise, highly readable chapters, Remember the Alamo!""tells the most exciting story in the world: the story of America-home of Ben Franklin and Al Capone, Abe Lincoln and Rosa Parks, a nation with a passion and a gift for making history to this day.
In Our Defense
Ellen Alderman - 1991
Article by article, intention by intention, the first ten amendments are examined through cases that have challenged and been interpreted through them. Alderman and Kennedy, the daughter of the late President, both graduated from Columbia University Law School. 15 photos.