Restoring the Lost Constitution: The Presumption of Liberty


Randy E. Barnett - 2003
    Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.

Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted


Ian Millhiser - 2015
    Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale.In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way.In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.

The Art of War and other Laws of Power


Sun Tzu
    In this newest translation of The Art of War readers will benefit from the interpretations from other translators and strategist, as well as the 50 strategic rules, including: -- How to look for strategic turns to meet the competition-- How to attain strategic superiority and crush the competition-- How to plan surprise and stay ahead of the game-- And more timeless wisdom that will allow you to compete and win in the dynamic business environment!Business managers around the world have tapped into this ancient wisdom; it is time to master The Art of War for Manager for the existence and growth of your business!

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.

J. Edgar Hoover: The Man and the Secrets


Curt Gentry - 1991
    From more than 300 interviews and over 100,000 pages of previously classified documents, Gentry reveals exactly how a paranoid director created the fraudulent myth of an invincible, incorruptible FBI. For almost fifty years, Hoover held virtually unchecked public power, manipulating every president from Franklin D. Roosevelt to Richard Nixon. He kept extensive blackmail files and used illegal wiretaps and hidden microphones to destroy anyone who opposed him. The book reveals how Hoover helped create McCarthyism, blackmailed the Kennedy brothers, and influenced the Supreme Court; how he retarded the civil rights movement and forged connections with mobsters; as well as insight into the Watergate scandal and what part he played in the investigations of President John F. Kennedy and Martin Luther King Jr.

American Progressivism: A Reader


Ronald J. Pestritto - 2008
    It is designed for classroom use, includes an accessible interpretive essay, and introduces each selection with a brief historical and conceptual background. The introductory essay is written with the student in mind, and addresses the important characteristics of Progressive thought and the role of Progressives in the development of the American political tradition. Students of American political thought, American politics, American history, the presidency, Congress, and political parties will find this reader to be an invaluable source for insight into Progressivism.

Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court


Jan Crawford Greenburg - 2007
    From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court—a revelatory look at one of the central fronts of America's culture wars by one of the most widely respected experts on the subject.

Shortlisted: Women in the Shadows of the Supreme Court


Renee Knake Jefferson - 2020
    Just as they were overlooked, so have their individual stories been -- until now." - Linda Greenhouse, New York Times contributing columnist"[Shortlisted] tells the political and personal sagas of women publicly considered for appointment to the Supreme Court but never actually nominated by a president... With fresh research, the authors effectively humanize the women who never received the nominations they deserved." - Kirkus ReviewsIn 1981, Sandra Day O’Connor became the first female justice on the United States Supreme Court after centuries of male appointments, a watershed moment in the long struggle for gender equality. Yet few know about the remarkable women considered in the decades before her triumph.Shortlisted tells the overlooked stories of nine extraordinary women—a cohort large enough to seat the entire Supreme Court—who appeared on presidential lists dating back to the 1930s. Florence Allen, the first female judge on the highest court in Ohio, was named repeatedly in those early years. Eight more followed, including Amalya Kearse, a federal appellate judge who was the first African American woman viewed as a potential Supreme Court nominee. Award-winning scholars Renee Knake Jefferson and Hannah Brenner Johnson cleverly weave together long-forgotten materials from presidential libraries and private archives to reveal the professional and personal lives of these accomplished women.In addition to filling a notable historical gap, the book exposes the harms of shortlisting―it reveals how adding qualified female candidates to a list but passing over them ultimately creates the appearance of diversity while preserving the status quo. This phenomenon often occurs with any pursuit of professional advancement, whether the judge in the courtroom, the CEO in the corner office, or the coach on the playing field. Women, and especially female minorities, while as qualified as others on the shortlist (if not more so), find themselves far less likely to be chosen. With the stories of these nine exemplary women as a framework, Shortlisted offers all women a valuable set of strategies for upending the injustices that still endure. It is a must-read for those seeking positions of power as well as for the powerful who select them in the legal profession and beyond.

Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law


David Cole - 2015
    Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.

A Lawyer's Journey: The Morris Dees Story (Biography)


Morris Dees - 2003
    This book dramatically chronicles the significant events that led Morris Dees to the front lines of the civil rights struggle and his ongoing crusade against hate groups.This is the story of the courageous and often lonely journey of a skilled and controversial trail lawyer whose career has paralleled a nation's struggle to ensure freedom and equality for all its citizens.

Give Us the Ballot: The Modern Struggle for Voting Rights in America


Ari Berman - 2015
    The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional.Berman brings the struggle over voting rights to life through meticulous archival research, in-depth interviews with major figures in the debate, and incisive on-the-ground reporting. In vivid prose, he takes the reader from the demonstrations of the civil rights era to the halls of Congress to the chambers of the Supreme Court. At this important moment in history, Give Us the Ballot provides new insight into one of the most vital political and civil rights issues of our time.A National Book Critics Circle Award Finalist, NonfictionA New York Times Notable Book of 2015A Washington Post Notable Nonfiction Book of 2015A Boston Globe Best Book of 2015A Kirkus Reviews Best Nonfiction Book of 2015An NPR Best Book of 2015Countless books have been written about the civil rights movement, but far less attention has been paid to what happened after the dramatic passage of the Voting Rights Act (VRA) in 1965 and the turbulent forces it unleashed. Give Us the Ballot tells this story for the first time.

Showdown at Gucci Gulch


Jeffrey Birnbaum - 1987
    It was also the best political and economic story of its time. Here, in the anecdotal style of The Making of the President, two Wall Street Journal reporters provide the first complete picture of how this tax revolution went from an improbable dream to a widely hailed reality.

Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America


Adam Cohen - 2020
    But when Warren announced his retirement in 1968, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with others more loyal to his views. During his six years in office, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years.In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from a pro-corporate agenda. Contrary to what Americans might like to believe, the Court does not protect equally the rights of the poor and disadvantaged, and, in fact, hasn't for decades. Many of the greatest successes of the Warren Court, such as school desegregation, labor unions, voting rights, and class action suits, have been abandoned in favor of rulings that protect privileged Americans who tend to be white, wealthy, and powerful.As the nation comes to grips with two newly Trump-appointed justices, Cohen proves beyond doubt that the trajectory of today's Court is the result of decisions made fifty years ago, decisions that have contributed directly and grievously to our nation's soaring inequality. An triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and should shake to its core any optimistic faith we might have in it to provide checks and balances.

Supreme Whispers: Conversations with Judges of the Supreme Court of India 1980-89


Abhinav Chandrachud - 2018
    Based on 114 intriguing interviews with nineteen former chief justices of India and more than sixty-six former judges of the Supreme Court of India, Abhinav Chandrachud opens a window to the life and times of the former judges of India's highest court of law and in the process offers a history that largely remained in oblivion for a long time.

An American Son: A Memoir


Marco Rubio - 2012
    At age forty-one he’s the subject of widespread interest and speculation. But he has never before told the full story of his unlikely journey, with all the twists and turns that made him an American son.That journey began when his parents first left Cuba in 1956. After Fidel Castro solidified his Communist grip on power, Mario and Oria Rubio could never again return to their homeland. But they embraced their new country and taught their children to appreciate its unique opportunities. Every sacrifice they made over the years, as they worked hard at blue-collar jobs in Miami and Las Vegas, was for their children.As a boy, Rubio spent countless hours with his grandfather, discussing history and current events. “Papa” loved being Cuban, but he also loved America for being a beacon of liberty to oppressed people around the world. As Rubio puts it, “My grandfather didn’t know America was exceptional because he read about it in a book. He lived it and saw it with his own eyes.”Devastated after his grandfather’s death, Rubio was getting poor grades and struggled to fit in at his high school, where some classmates mocked him as “too American.” But then he buckled down for college and law school, driven by his twin passions for football and politics. He played football at a small college in Mis­souri, then came back to Florida to attend Santa Fe Community College and the University of Florida. He went on to earn his law degree from the University of Miami and took a job at a law firm, which paid him a handsome salary that allowed his father to retire.As a young attorney he ran for the West Miami City Commission, a role that led to the Florida House of Representatives. In just six years he rose to Speaker of the House and became a leading advocate for free enter­prise, better schools, limited government, and a fairer, simpler tax system. He found that he could connect with people across party lines while still upholding conserva­tive values.His U.S. Senate campaign started as an extreme long shot against Florida’s popular incumbent governor, Charlie Crist. Undaunted by the early poll numbers and the time away from his wife and kids, Rubio traveled the state with his message of empowerment and optimism. He upset Crist in both the primary and a dramatic three-way general election, after Crist quit the GOP to run as an independent.Now Rubio speaks on the national stage about the challenges we face and the better future that’s possible if we return to our founding principles. As he puts it, “Conservatism is not about leaving people behind. Con­servatism is about allowing people to catch up.”In that vision, as in his family’s story, Rubio proves that the American Dream is still alive for those who pur­sue it.