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.
By the People: Rebuilding Liberty Without Permission
Charles Murray - 2015
Whether we are trying to run a business, practice a vocation, raise our families, cooperate with our neighbors, or follow our religious beliefs, we run afoul of the government—not because we are doing anything wrong but because the government has decided it knows better. When we object, that government can and does tell us, “Try to fight this, and we’ll ruin you.”In this provocative book, acclaimed social scientist and bestselling author Charles Murray shows us why we can no longer hope to roll back the power of the federal government through the normal political process. The Constitution is broken in ways that cannot be fixed even by a sympathetic Supreme Court. Our legal system is increasingly lawless, unmoored from traditional ideas of “the rule of law.” The legislative process has become systemically corrupt no matter which party is in control.But there’s good news beyond the Beltway. Technology is siphoning power from sclerotic government agencies and putting it in the hands of individuals and communities. The rediversification of American culture is making local freedom attractive to liberals as well as conservatives. People across the political spectrum are increasingly alienated from a regulatory state that nakedly serves its own interests rather than those of ordinary Americans.The even better news is that federal government has a fatal weakness: It can get away with its thousands of laws and regulations only if the overwhelming majority of Americans voluntarily comply with them. Murray describes how civil disobedience backstopped by legal defense funds can make large portions of the 180,000-page Federal Code of Regulations unenforceable, through a targeted program that identifies regulations that arbitrarily and capriciously tell us what to do. Americans have it within their power to make the federal government an insurable hazard like hurricanes and floods, leaving us once again free to live our lives as we see fit.By the People’s hopeful message is that rebuilding our traditional freedoms does not require electing a right-thinking Congress or president, nor does it require five right-thinking justices on the Supreme Court. It can be done by we the people, using America’s unique civil society to put government back in its proper box.
On Liberty
John Stuart Mill - 1859
Mill's passionate advocacy of spontaneity, individuality, and diversity, along with his contempt for compulsory uniformity and the despotism of popular opinion, has attracted both admiration and condemnation.
A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution
Peter Irons - 1999
In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn.
America's Constitution: A Biography
Akhil Reed Amar - 2005
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 Red and the Blue: The 1990s and the Birth of Political Tribalism
Steve Kornacki - 2018
For Clinton, that meant contorting himself around the various factions of the Democratic party to win the presidency. Gingrich employed a scorched-earth strategy to upend the permanent Republican minority in the House, making him Speaker. The Clinton/Gingrich battles were bare-knuckled brawls that brought about massive policy shifts and high-stakes showdowns—their collisions had far-reaching political consequences. But the ’90s were not just about them. Kornacki writes about Mario Cuomo’s stubborn presence around Clinton’s 1992 campaign; Hillary Clinton’s star turn during the 1998 midterms, seeding the idea for her own candidacy; Ross Perot’s wild run in 1992 that inspired him to launch the Reform Party, giving Donald Trump his first taste of electoral politics in 1999; and many others. With novelistic prose and a clear sense of history, Steve Kornacki masterfully weaves together the various elements of this rambunctious and hugely impactful era in American history, whose effects set the stage for our current political landscape.
War is a Racket
Smedley D. Butler - 1935
Butler was a military hero of the first rank, the winner of two Medals of Honour, a true 'fighting marine' whose courage and patriotism could not be doubted. Yet he came to believe that the wars in which he and his men had fought and bled and died were all pre-planned conflicts, designed not so much to defend America as to bloat the balance sheets of US banks and corporations.War Is a Racket is the title of two works, a speech and a booklet, by retired United States Marine Corps Major General and two time Medal of Honor recipient Smedley D. Butler. In them, Butler frankly discusses from his experience as a career military officer how business interests commercially benefit from warfare.After his retirement from the Marine Corps, Gen. Butler made a nationwide tour in the early 1930s giving his speech "War is a Racket". The speech was so well received that he wrote a longer version as a small book with the same title that was published in 1935 by Round Table Press, Inc., of New York. The booklet was also condensed in Reader's Digest as a book supplement which helped popularize his message. In an introduction to the Reader's Digest version, Lowell Thomas, the "as told to" author of Butler's oral autobiographical adventures, praised Butler's "moral as well as physical courage".
Ratification: The People Debate the Constitution, 1787-1788
Pauline Maier - 2010
Elected conventions in at least nine of the thirteen states would have to ratify it before it could take effect. There was reason to doubt whether that would happen. The document we revere today as the foundation of our country’s laws, the cornerstone of our legal system, was hotly disputed at the time. Some Americans denounced the Constitution for threatening the liberty that Americans had won at great cost in the Revolutionary War. One group of fiercely patriotic opponents even burned the document in a raucous public demonstration on the Fourth of July.In this splendid new history, Pauline Maier tells the dramatic story of the yearlong battle over ratification that brought such famous founders as Washington, Hamilton, Madison, Jay, and Henry together with less well-known Americans who sometimes eloquently and always passionately expressed their hopes and fears for their new country. Men argued in taverns and coffeehouses; women joined the debate in their parlors; broadsides and newspaper stories advocated various points of view and excoriated others. In small towns and counties across the country people read the document carefully and knew it well. Americans seized the opportunity to play a role in shaping the new nation. Then the ratifying conventions chosen by "We the People" scrutinized and debated the Constitution clause by clause.Although many books have been written about the Constitutional Convention, this is the first major history of ratification. It draws on a vast new collection of documents and tells the story with masterful attention to detail in a dynamic narrative. Each state’s experience was different, and Maier gives each its due even as she focuses on the four critical states of Pennsylvania, Massachusetts, Virginia, and New York, whose approval of the Constitution was crucial to its success.The New Yorker Gilbert Livingston called his participation in the ratification convention the greatest transaction of his life. The hundreds of delegates to the ratifying conventions took their responsibility seriously, and their careful inspection of the Constitution can tell us much today about a document whose meaning continues to be subject to interpretation. Ratification is the story of the founding drama of our nation, superbly told in a history that transports readers back more than two centuries to reveal the convictions and aspirations on which our country was built.
Goliath: The 100-Year War Between Monopoly Power and Democracy
Matt Stoller - 2019
A concentration of power, whether in the hands of a military dictator or a JP Morgan, was understood as autocratic and dangerous to individual liberty and democracy. This idea stretched back to the country’s founding. In the 1930s, people observed that the Great Depression was caused by financial concentration in the hands of a few whose misuse of their power induced a financial collapse. They drew on this tradition to craft the New Deal. In Goliath, Matt Stoller explains how authoritarianism and populism have returned to American politics for the first time in eighty years, as the outcome of the 2016 election shook our faith in democratic institutions. It has brought to the fore dangerous forces that many modern Americans never even knew existed. Today’s bitter recriminations and panic represent more than just fear of the future, they reflect a basic confusion about what is happening and the historical backstory that brought us to this moment. The true effects of populism, a shrinking middle class, and concentrated financial wealth are only just beginning to manifest themselves under the current administrations. The lessons of Stoller’s study will only grow more relevant as time passes. Building upon his viral article in The Atlantic, “How the Democrats Killed Their Populist Soul,” Stoller illustrates in rich detail how we arrived at this tenuous moment, and the steps we must take to create a new democracy.
Chain of Command: The Road from 9/11 to Abu Ghraib
Seymour M. Hersh - 2004
Hersh has riveted readers -- and outraged the Bush Administration -- with his explosive stories in The New Yorker, including his headline-making pieces on the abuse of prisoners at Abu Ghraib. Now, Hersh brings together what he has learned, along with new reporting, to answer the critical question of the last four years: How did America get from the clear morning when two planes crashed into the World Trade Center to a divisive and dirty war in Iraq?In Chain of Command, Hersh takes an unflinching look behind the public story of the war on terror and into the lies and obsessions that led America into Iraq. Hersh draws on sources at the highest levels of the American government and intelligence community, in foreign capitals, and on the battlefield for an unparalleled view of a critical chapter in America's recent history. In a new afterword, he critiques the government's failure to adequately investigate prisoner abuse -- at Abu Ghraib and elsewhere -- and punish those responsible. With an introduction by The New Yorker's editor, David Remnick, Chain of Command is a devastating portrait of an administration blinded by ideology and of a president whose decisions have made the world a more dangerous place for America.
A Matter of Interpretation: Federal Courts and the Law
Antonin Scalia - 1997
According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
God of the Machine
Isabel Paterson - 1943
When it was published in 1943, Isabel Paterson's work provided fresh intellectual support for the endangered American belief in individual rights, limited government, and economic freedom. The crisis of today's collectivized nations would not have surprised Paterson; in The God of the Machine, she had explored the reasons for collectivism's failure. Her book placed her in the vanguard of the free-enterprise movement now sweeping the world.Paterson sees the individual creative mind as the dynamo of history, and respect for the individual's God-given rights as the precondition for the enormous release of energy that produced the modern world. She sees capitalist institutions as the machinery through which human energy works, and government as a device properly used merely to cut off power to activities that threaten personal liberty.Paterson applies her general theory to particular issues in contemporary life, such as education, .social welfare, and the causes of economic distress. She severely criticizes all but minimal application of government, including governmental interventions that most people have long taken for granted. The God of the Machine offers a challenging perspective on the continuing, worldwide debate about the nature of freedom, the uses of power, and the prospects of human betterment.Stephen Cox's substantial introduction to The God of the Machine is a comprehensive and enlightening account of Paterson's colorful life and work. He describes The God of the Machine as "not just theory, but rhapsody, satire, diatribe, poetic narrative." Paterson's work continues to be relevant because "it exposes the moral and practical failures of collectivism, failures that are now almost universally acknowledged but are still far from universally understood." The book will be essential to students of American history, political theory, and literature.
That Used to Be Us: How America Fell Behind in the World It Invented and How We Can Come Back
Thomas L. Friedman - 2011
We face four major challenges on which our future depends, and we are failing to meet them—and if we delay any longer, soon it will be too late for us to pass along the American dream to future generations. In That Used to Be Us, Thomas L. Friedman, one of our most influential columnists, and Michael Mandelbaum, one of our leading foreign policy thinkers, offer both a wake-up call and a call to collective action. They analyze the four challenges we face—globalization, the revolution in information technology, the nation's chronic deficits, and our pattern of excessive energy consumption—and spell out what we need to do now to sustain the American dream and preserve American power in the world. They explain how the end of the Cold War blinded the nation to the need to address these issues seriously, and how China's educational successes, industrial might, and technological prowess remind us of the ways in which "that used to be us." They explain how the paralysis of our political system and the erosion of key American values have made it impossible for us to carry out the policies the country urgently needs. And yet Friedman and Mandelbaum believe that the recovery of American greatness is within reach. They show how America's history, when properly understood, offers a five-part formula for prosperity that will enable us to cope successfully with the challenges we face. They offer vivid profiles of individuals who have not lost sight of the American habits of bold thought and dramatic action. They propose a clear way out of the trap into which the country has fallen, a way that includes the rediscovery of some of our most vital traditions and the creation of a new thirdparty movement to galvanize the country. That Used to Be Us is both a searching exploration of the American condition today and a rousing manifesto for American renewal.
Before the Storm: Barry Goldwater and the Unmaking of the American Consensus
Rick Perlstein - 2001
At the heart of the story is Barry Goldwater, the renegade Republican from Arizona who loathed federal government, despised liberals, and mocked “peaceful coexistence” with the USSR. Perlstein's narrative shines a light on a whole world of conservatives and their antagonists, including William F. Buckley, Nelson Rockefeller, and Bill Moyers. Vividly written, Before the Storm is an essential book about the 1960s.
The Threat: How the FBI Protects America in the Age of Terror and Trump
Andrew G. McCabe - 2019
McCabe was fired from his position as deputy director of the FBI. President Donald Trump celebrated on Twitter: "Andrew McCabe FIRED, a great day for the hard working men and women of the FBI - A great day for Democracy."In The Threat: How the FBI Protects America in the Age of Terror and Trump, Andrew G. McCabe offers a dramatic and candid account of his career, and an impassioned defense of the FBI's agents, and of the institution's integrity and independence in protecting America and upholding our Constitution.McCabe started as a street agent in the FBI's New York field office, serving under director Louis Freeh. He became an expert in two kinds of investigations that are critical to American national security: Russian organized crime—which is inextricably linked to the Russian state—and terrorism. Under Director Robert Mueller, McCabe led the investigations of major attacks on American soil, including the Boston Marathon bombing, a plot to bomb the New York subways, and several narrowly averted bombings of aircraft. And under James Comey, McCabe was deeply involved in the controversial investigations of the Benghazi attack, the Clinton Foundation's activities, and Hillary Clinton's use of a private email server when she was secretary of state.The Threat recounts in compelling detail the time between Donald Trump's November 2016 election and McCabe's firing, set against a page-turning narrative spanning two decades when the FBI's mission shifted to a new goal: preventing terrorist attacks on Americans. But as McCabe shows, right now the greatest threat to the United States comes from within, as President Trump and his administration ignore the law, attack democratic institutions, degrade human rights, and undermine the U.S. Constitution that protects every citizen.Important, revealing, and powerfully argued, The Threat tells the true story of what the FBI is, how it works, and why it will endure as an institution of integrity that protects America.