Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue
Melvin I. Urofsky - 2015
Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States. Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954). Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned. Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since. Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so.(With black-and-white illustrations throughout.)
American Prometheus: The Triumph and Tragedy of J. Robert Oppenheimer
Kai Bird - 2005
Robert Oppenheimer, "father of the atomic bomb," the brilliant, charismatic physicist who led the effort to capture the awesome fire of the sun for his country in time of war. Immediately after Hiroshima, he became the most famous scientist of his generation-one of the iconic figures of the twentieth century, the embodiment of modern man confronting the consequences of scientific progress. He was the author of a radical proposal to place international controls over atomic materials-an idea that is still relevant today. He opposed the development of the hydrogen bomb and criticized the Air Force's plans to fight an infinitely dangerous nuclear war. In the now almost-forgotten hysteria of the early 1950s, his ideas were anathema to powerful advocates of a massive nuclear buildup, and, in response, Atomic Energy Commission chairman Lewis Strauss, Superbomb advocate Edward Teller and FBI director J. Edgar Hoover worked behind the scenes to have a hearing board find that Oppenheimer could not be trusted with America's nuclear secrets. American Prometheus sets forth Oppenheimer's life and times in revealing and unprecedented detail. Exhaustively researched, it is based on thousands of records and letters gathered from archives in America and abroad, on massive FBI files and on close to a hundred interviews with Oppenheimer's friends, relatives and colleagues.We follow him from his earliest education at the turn of the twentieth century at New York City's Ethical Culture School, through personal crises at Harvard and Cambridge universities. Then to Germany, where he studied quantum physics with the world's most accomplished theorists; and to Berkeley, California, where he established, during the 1930s, the leading American school of theoretical physics, and where he became deeply involved with social justice causes and their advocates, many of whom were communists. Then to Los Alamos, New Mexico, where he transformed a bleak mesa into the world's most potent nuclear weapons laboratory-and where he himself was transformed. And finally, to the Institute for Advanced Study in Princeton, which he directed from 1947 to 1966. American Prometheus is a rich evocation of America at midcentury, a new and compelling portrait of a brilliant, ambitious, complex and flawed man profoundly connected to its major events—the Depression, World War II and the Cold War. It is at once biography and history, and essential to our understanding of our recent past—and of our choices for the future.
We Were Eight Years in Power: An American Tragedy
Ta-Nehisi Coates - 2017
Now Ta-Nehisi Coates explores the tragic echoes of that history in our own time: the unprecedented election of a black president followed by a vicious backlash that fueled the election of the man Coates argues is America's "first white president."But the story of these present-day eight years is not just about presidential politics. This book also examines the new voices, ideas, and movements for justice that emerged over this period--and the effects of the persistent, haunting shadow of our nation's old and unreconciled history. Coates powerfully examines the events of the Obama era from his intimate and revealing perspective--the point of view of a young writer who begins the journey in an unemployment office in Harlem and ends it in the Oval Office, interviewing a president.We Were Eight Years in Power features Coates's iconic essays first published in The Atlantic, including Fear of a Black President, The Case for Reparations and The Black Family in the Age of Mass Incarceration, along with eight fresh essays that revisit each year of the Obama administration through Coates's own experiences, observations, and intellectual development, capped by a bracingly original assessment of the election that fully illuminated the tragedy of the Obama era. We Were Eight Years in Power is a vital account of modern America, from one of the definitive voices of this historic moment.
Gideon's Trumpet
Anthony Lewis - 1964
To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."
Legacy of Ashes: The History of the CIA
Tim Weiner - 2007
Its mission was to know the world. When it did not succeed, it set out to change the world. Its failures have handed us, in the words of President Eisenhower, “a legacy of ashes.”Now Pulitzer Prize–winning author Tim Weiner offers the first definitive history of the CIA—and everything is on the record. LEGACY OF ASHES is based on more than 50,000 documents, primarily from the archives of the CIA itself, and hundreds of interviews with CIA veterans, including ten Directors of Central Intelligence. It takes the CIA from its creation after World War II, through its battles in the cold war and the war on terror, to its near-collapse after September 11th, 2001.Tim Weiner’s past work on the CIA and American intelligence was hailed as “impressively reported” and “immensely entertaining” in The New York Times.The Wall Street Journal called it “truly extraordinary . . . the best book ever written on a case of espionage.” Here is the hidden history of the CIA: why eleven presidents and three generations of CIA officers have been unable to understand the world; why nearly every CIA director has left the agency in worse shape than he found it; and how these failures have profoundly jeopardized our national security.
The Liberty Amendments: Restoring the American Republic
Mark R. Levin - 2013
The result is an ongoing and growing assault on individual liberty, state sovereignty, and the social compact. Levin argues that if we cherish our American heritage, it is time to embrace a constitutional revival. The delegates to the 1787 Constitutional Convention in Philadelphia and the delegates to each state’s ratification convention foresaw a time when—despite their best efforts to forestall it—the Federal government might breach the Constitution’s limits and begin oppressing the people. Agencies such as the IRS and EPA and programs such as Obamacare demonstrate that the Framers’ fear was prescient. Therefore, the Framers provided two methods for amending the Constitution. The second was intended for our current circumstances—empowering the states to bypass Congress and call a convention for the purpose of amending the Constitution. Levin argues that we, the people, can avoid a perilous outcome by seeking recourse, using the method called for in the Constitution itself. The Framers adopted ten constitutional amendments, called the Bill of Rights, that would preserve individual rights and state authority. Levin lays forth eleven specific prescriptions for restoring our founding principles, ones that are consistent with the Framers’ design. His proposals—such as term limits for members of Congress and Supreme Court justices and limits on federal taxing and spending—are pure common sense, ideas shared by many. They draw on the wisdom of the Founding Fathers—including James Madison, Benjamin Franklin, Thomas Jefferson, and numerous lesser-known but crucially important men—in their content and in the method for applying them to the current state of the nation. Now is the time for the American people to take the first step toward reclaiming what belongs to them. The task is daunting, but it is imperative if we are to be truly free.
Thomas Paine's Rights of Man: A Biography
Christopher Hitchens - 2006
Inspired by his outrage at Edmund Burke’s attack on the French Revolution, Paine’s text is a passionate defense of man’s inalienable rights. Since its publication, Rights of Man has been celebrated, criticized, maligned, suppressed, and co-opted. But in Thomas Paine’s Rights of Man, the polemicist and commentator Christopher Hitchens, “at his characteristically incisive best,” marvels at its forethought and revels in its contentiousness (The Times, London). Hitchens is a political descendant of the great pamphleteer, “a Tom Paine for our troubled times.” (The Independent, London) In this “engaging account of Paine’s life and times [that is] well worth reading” he demonstrates how Paine’s book forms the philosophical cornerstone of the United States, and how, “in a time when both rights and reason are under attack,” Thomas Paine’s life and writing “will always be part of the arsenal on which we shall need to depend.” (New Statesman)
The Birth of Modern Politics: Andrew Jackson, John Quincy Adams, and the Election of 1828
Lynn Hudson Parsons - 2009
It was the contest in which an unlettered, hot-tempered southwestern frontiersman, trumpeted by hissupporters as a genuine man of the people, soundly defeated a New England aristocrat whose education and political r�sum� were as impressive as any ever seen in American public life. It was, many historians have argued, the country's first truly democratic presidential election. It was also theelection that opened a Pandora's box of campaign tactics, including coordinated media, get-out-the-vote efforts, fund-raising, organized rallies, opinion polling, campaign paraphernalia, ethnic voting blocs, opposition research, and smear tactics.In The Birth of Modern Politics, Parsons shows that the Adams-Jackson contest also began a national debate that is eerily contemporary, pitting those whose cultural, social, and economic values were rooted in community action for the common good against those who believed the common good was bestserved by giving individuals as much freedom as possible to promote their own interests. The book offers fresh and illuminating portraits of both Adams and Jackson and reveals how, despite their vastly different backgrounds, they had started out with many of the same values, admired one another, andhad often been allies in common causes. But by 1828, caught up in a shifting political landscape, they were plunged into a competition that separated them decisively from the Founding Fathers' era and ushered in a style of politics that is still with us today.
What Unites Us: Reflections on Patriotism
Dan Rather - 2017
Now, with this collection of original essays, he reminds us of the principles upon which the United States was founded. Looking at the freedoms that define us, from the vote to the press; the values that have transformed us, from empathy to inclusion to service; the institutions that sustain us, such as public education; and the traits that helped form our young country, such as the audacity to take on daunting challenges in science and medicine, Rather brings to bear his decades of experience on the frontlines of the world’s biggest stories. As a living witness to historical change, he offers up an intimate view of history, tracing where we have been in order to help us chart a way forward and heal our bitter divisions. With a fundamental sense of hope, What Unites Us is the book to inspire conversation and listening, and to remind us all how we are, finally, one.
Abraham Lincoln: The Prairie Years and the War Years
Carl Sandburg - 1939
Representing a lifetime of study by the great American poet, Abraham Lincoln: The Prairie Years and The War Years distills Sandburg's monumental six volume set into a single one-book edition. By gleaning every possible reference from history, literature, and popular lore, Sandburg successfully captures not only the legendary president, but also Lincoln the man. He reveals exactly who Lincoln was, and what forces in his life shaped his personality. More than 100 black-and-white historical photographs and linecuts show Lincoln himself, the places he went, and the people who knew him.
The Anti-Federalist Papers and the Constitutional Convention Debates
Ralph Louis Ketcham - 1986
Edited and introduced by Ralph Ketcham.
Star-Spangled Men: America's Ten Worst Presidents
Nathan Miller - 1998
George Washington, Abraham Lincoln, and Franklin D. Roosevelt usually lead the list, But choosing the nation's worst presidents requires more thought. In Star-Spangled Men, respected presidential biographer Nathan Miller puts on display those leaders who were abject failures as chief executive. With pointed humor and a deft hand, he presents a rogues' gallery of the men who dropped the presidential ball, and sometimes their pants as well. Miller includes Richard M. Nixon, who was forced to resign to escape impeachment; Jimmy Carter, who proved that the White House is not the place for on-the-job training; and Warren G. Harding, who gave "being in the closet" new meaning as he carried on extramarital interludes in one near the Oval Office. This current edition also includes a new assessment of Bill Clinton -- who has admitted lying to his family, his aides, his cabinet, and the American people.
Lead from the Outside: How to Build Your Future and Make Real Change
Stacey Abrams - 2018
Convincing others—and yourself—that you are capable of taking charge and achieving more requires insight and courage. Lead from the Outside is the handbook for outsiders, written with an eye toward the challenges that hinder women, people of color, members of the LGBTQ community, and millennials ready to make change. Stacey uses her hard-won insights to break down how ambition, fear, money, and failure function in leadership, and she includes practical exercises to help you realize your own ambition and hone your skills. Lead from the Outside discusses candidly what Stacey has learned over the course of her impressive career in politics, business and the nonprofit world: that differences in race, gender, and class provide vital strength, which we can employ to rise to the top and create real and lasting change.
Red Notice: A True Story of High Finance, Murder, and One Man's Fight for Justice
Bill BrowderBill Browder - 2014
It continued in Moscow, where Browder made his fortune heading the largest investment fund in Russia after the Soviet Union's collapse. But when he exposed the corrupt oligarchs who were robbing the companies in which he was investing, Vladimir Putin turned on him and, in 2005, had him expelled from Russia. In 2007, a group of law enforcement officers raided Browder's offices in Moscow and stole $230 million of taxes that his fund's companies had paid to the Russian government. Browder's attorney Sergei Magnitsky investigated the incident and uncovered a sprawling criminal enterprise. A month after Sergei testified against the officials involved, he was arrested and thrown into pre-trial detention, where he was tortured for a year. On November 16, 2009, he was led to an isolation chamber, handcuffed to a bedrail, and beaten to death by eight guards in full riot gear. Browder glimpsed the heart of darkness, and it transformed his life: he embarked on an unrelenting quest for justice in Sergei's name, exposing the towering cover-up that leads right up to Putin. A financial caper, a crime thriller, and a political crusade, Red Notice is the story of one man taking on overpowering odds to change the world.
Fantasyland: How America Went Haywire: A 500-Year History
Kurt Andersen - 2017
America was founded by wishful dreamers, magical thinkers, and true believers, by hucksters and their suckers. Fantasy is deeply embedded in our DNA.Over the course of five centuries--from the Salem witch trials to Scientology to the Satanic Panic of the 1980s, from P. T. Barnum to Hollywood and the anything-goes, wild-and-crazy sixties, from conspiracy theories to our fetish for guns and obsession with extraterrestrials--our love of the fantastic has made America exceptional in a way that we've never fully acknowledged. From the start, our ultra-individualism was attached to epic dreams and epic fantasies--every citizen was free to believe absolutely anything, or to pretend to be absolutely anybody. With the gleeful erudition and tell-it-like-it-is ferocity of a Christopher Hitchens, Andersen explores whether the great American experiment in liberty has gone off the rails.