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.

Origins of the French Revolution


William Doyle - 1980
    Incorporating the wealth of research that has appeared over the last eight years, Doyle presents a detailed analysisof the ancien r�gime and the struggle for power that followed its disappearance.

Not a Suicide Pact: The Constitution in a Time of National Emergency


Richard A. Posner - 2006
    citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger.Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither war nor crime--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory.One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate.OXFORD'S NEW INALIENABLE RIGHTS SERIESThis is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.

The Second Coming of the KKK: The Ku Klux Klan of the 1920s and the American Political Tradition


Linda Gordon - 2017
    Unknown to most Americans today, this "second Klan" largely flourished above the Mason-Dixon Line—its army of four-to-six-million members spanning the continent from New Jersey to Oregon, its ideology of intolerance shaping the course of mainstream national politics throughout the twentieth century.As prize-winning historian Linda Gordon demonstrates, the second Klan’s enemies included Catholics and Jews as well as African Americans. Its bigotry differed in intensity but not in kind from that of millions of other WASP Americans. Its membership, limited to white Protestant native-born citizens, was entirely respectable, drawn from small businesspeople, farmers, craftsmen, and professionals, and including about 1.5 million women. For many Klanspeople, membership simultaneously reflected a protest against an increasingly urban society and provided an entrée into the new middle class.Never secret, this Klan recruited openly, through newspaper ads, in churches, and through extravagant mass "Americanism" pageants, often held on Independence Day. These "Klonvocations" drew tens of thousands and featured fireworks, airplane stunts, children’s games, and women’s bake-offs—and, of course, cross-burnings. The Klan even controlled about one hundred and fifty newspapers, as well as the Cavalier Motion Picture Company, dedicated to countering Hollywood’s "immoral"—and Jewish—influence. The Klan became a major political force, electing thousands to state offices and over one hundred to national offices, while successfully lobbying for the anti-immigration Reed-Johnson Act of 1924.As Gordon shows, the themes of 1920s Klan ideology were not aberrant, but an indelible part of American history: its "100% Americanism" and fake news, broadcast by charismatic speakers, preachers, and columnists, became part of the national fabric. Its spokespeople vilified big-city liberals, "money-grubbing Jews," "Pope-worshipping Irish," and intellectuals for promoting jazz, drinking, and cars (because they provided the young with sexual privacy).The Klan’s collapse in 1926 was no less flamboyant, done in by its leaders’ financial and sexual corruption, culminating in the conviction of Grand Dragon David Stephenson for raping and murdering his secretary, and chewing up parts of her body. Yet the Klan’s brilliant melding of Christian values with racial bigotry lasted long after the organization’s decline, intensifying a fear of diversity that has long been a dominant undercurrent of American history.Documenting what became the largest social movement of the first half of the twentieth century, The Second Coming of the Ku Klux Klan exposes the ancestry and helps explain the dangerous appeal of today’s welter of intolerance.

Act of Congress: How America's Essential Institution Works, and How It Doesn't


Robert G. Kaiser - 2013
    When Congress is broken—as its justifiably dismal approval ratings suggest—so is our democracy. Here, Robert G. Kaiser, whose long and distinguished career at The Washington Post has made him as keen and knowledgeable an observer of Congress as we have, takes us behind the sound bites to expose the protocols, players, and politics of the House and Senate—revealing both the triumphs of the system and (more often) its fundamental flaws.  Act of Congress tells the story of the Dodd-Frank Act, named for the two men who made it possible: Congressman Barney Frank, brilliant and sometimes abrasive, who mastered the details of financial reform, and Senator Chris Dodd, who worked patiently for months to fulfill his vision of a Senate that could still work on a bipartisan basis. Both Frank and Dodd collaborated with Kaiser throughout their legislative efforts and allowed their staffs to share every step of the drafting and deal making that produced the 1,500-page law that transformed America’s financial sector. Kaiser explains how lobbying affects a bill—or fails to. We follow staff members more influential than most senators and congressmen. We see how Congress members protect their own turf, often without regard for what might best serve the country—more eager to court television cameras than legislate on complicated issues about which many of them remain ignorant. Kaiser shows how ferocious partisanship regularly overwhelms all other considerations, though occasionally individual integrity prevails. Act of Congress, as entertaining as it is enlightening, is an indispensable guide to a vital piece of our political system desperately in need of reform.

Policing the Open Road: How Cars Transformed American Freedom


Sarah A. Seo - 2019
    Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept—and expect—pervasive police power. As Policing the Open Road makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences.Before the twentieth century, most Americans rarely came into contact with police officers. But with more and more drivers behind the wheel, police departments rapidly expanded their forces and increased officers’ authority to stop citizens who violated traffic laws. The Fourth Amendment—the constitutional protection against unreasonable searches and seizures—did not effectively shield individuals from government intrusion while driving. Instead, jurists interpreted the amendment narrowly. In a society dependent on cars, everyone—the law-breaking and law-abiding alike—would be subject to discretionary policing.Seo overturns prevailing interpretations of the Warren Court’s due process revolution. The justices’ efforts to protect Americans did more to accommodate than to limit police intervention, and the new criminal procedures inadvertently sanctioned discrimination by officers of the law. Constitutional challenges to traffic stops largely failed, and motorists “driving while black” had little recourse to question police demands. Seo shows how procedures designed to safeguard us on the road ultimately undermined the nation’s commitment to equal protection before the law.

Justice for All: Earl Warren and the Nation He Made


Jim Newton - 2006
    Board of Education, Griswold v. Connecticut, Miranda v. Arizona. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton illuminates both the public and the private Warren. The result is a monumental biography of a complicated and principled figure that will become a seminal work of twentieth-century American history.

Trump: Anatomy of a Monstrosity


Nathan J. Robinson - 2017
    Much more than just a book about Trump himself, it is about the forces that led to his existence, and it is a guide for how to create a Trumpless world. Anatomy of a Monstrosity looks closely at why progressives failed to stop his election, and develops a series of proposals for how ordinary people can fight back against Trumpism and win. Carefully sourced, comprehensive, witty, and biting, Trump: Anatomy of a Monstrosity is the single book everyone opposed to Trump should read.

Perilous Times: Free Speech in Wartime: From the Sedition Act of 1798 to the War on Terrorism


Geoffrey R. Stone - 2004
    Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.

Dwelling Place: A Plantation Epic


Erskine Clarke - 2005
    That book presented the letters of the prominent Presbyterian minister and plantation patriarch Charles Colcock Jones (1804–1863), whose family owned more than one hundred slaves. While extensive, these letters can provide only one part of the story of the Jones family plantations in coastal Georgia. In this remarkable new book, the religious historian Erskine Clarke completes the story, offering a narrative history of four generations of the plantations’ inhabitants, white and black.Encompassing the years 1805 to 1869, Dwelling Place: A Plantation Epic describes the simultaneous but vastly different experiences of slave and slave owner. This “upstairsdownstairs” history reveals in detail how the benevolent impulses of Jones and his family became ideological supports for deep oppression, and how the slave Lizzy Jones and members of her family struggled against that oppression. Through letters, plantation and church records, court documents, slave narratives, archaeological findings, and the memory of the African-American community, Clarke brings to light the long-suppressed history of the slaves of the Jones plantations—a history inseparably bound to that of their white owners.

The Whiteness of Wealth: How the Tax System Impoverishes Black Americans--And How We Can Fix It


Dorothy A. Brown - 2021
    Brown became a tax lawyer to get away from race. As a young black girl growing up in the South Bronx, she’d seen how racism limited the lives of her family and neighbors. Her law school classes offered a refreshing contrast: Tax law was about numbers, and the only color that mattered was green. But when Brown sat down to prepare tax returns for her parents, she found something strange: James and Dottie Brown, a plumber and a nurse, seemed to be paying an unusually high percentage of their income in taxes. When Brown became a law professor, she set out to understand why.In The Whiteness of Wealth, Brown draws on decades of cross-disciplinary research to show that tax law isn’t as color-blind as she’d once believed. She takes us into her adopted city of Atlanta, introducing us to families across the economic spectrum whose stories demonstrate how American tax law rewards the preferences and practices of white people while pushing black people further behind. From attending college to getting married to buying a home, black Americans find themselves at a financial disadvantage compared to their white peers. The results are an ever-increasing wealth gap and more black families shut out of the American dream.Solving the problem will require a wholesale rethinking of America’s tax code. But it will also require both black and white Americans to make different choices. This urgent, actionable book points the way forward.

Separated: Inside An American Tragedy


Jacob Soboroff - 2020
    NBC News and MSNBC correspondent Jacob Soboroff was among the first journalists to expose the truth of what their lives were like on the inside after seeing them firsthand. His widely shared reports in June 2018 ignited public scrutiny that contributed to the President reversing his own policy by Executive Order, and earned Soboroff the Cronkite Award for Excellence in Political Broadcast Journalism and the 2019 Hillman Prize for Broadcast Journalism.In Separated, Soboroff weaves together his own experience unexpectedly covering this national issue with other key figures in the drama he met along the way, including feuding administration officials responsible for tearing apart and then reuniting families, and the parents and children who were caught in the middle. He reveals new and exclusive details of how the policy was carried out, and how its affects are still being felt. Today, there is still not a full accounting of the total number of children the President ripped away from their parents. The exact number may never be known, only that it is in the thousands. Now the President is doubling down on draconian immigration policies, including threatening to hold migrant families indefinitely and making tens of thousands applying for asylum wait in some of Mexico’s most dangerous cities. Separated is required reading for anyone who wants to understand how Trump and his administration were able to carry out this inhumane policy, and how so many missed what was happening before it was too late. Soboroff lays out compassionately, yet in the starkest of terms, its human toll, and makes clear what is at stake in the 2020 presidential election.

The Dred Scott Case: Its Significance in American Law and Politics


Don E. Fehrenbacher - 1978
    On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery. This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.

Four Threats: The Recurring Crises of American Democracy


Suzanne Mettler - 2020
    "An important work of scholarship that should be read by anyone concerned with America’s future." --Fareed Zakaria, author of The Post-American World

The Swamp: Washington's Murky Pool of Corruption and Cronyism and How Trump Can Drain It


Eric Bolling - 2017
    was first built, it was on top of a swamp that had to be drained. Donald Trump says it's time to drain it again. In The Swamp, bestselling author and Fox News Channel host Eric Bolling presents an infuriating, amusing, revealing, and outrageous history of American politics, past and present, Republican and Democrat. From national political scandals to tempests in a teapot that blew up; bribery, blackmail, bullying, and backroom deals that contradicted public policies; cronyism that cost taxpayers hundreds upon hundreds of millions of dollars; and personal conduct that can only be described as regrettable, The Swamp is a journey downriver through the bayous and marshes of Capitol Hill and Foggy Bottom. The presidential election of 2016 was ugly, but it exposed a political, media, industry, and elite establishment that desperately wanted to elect a politician who received millions of dollars from terror-funding states over a businessman willing to tell the corrupt or incompetent, “You’re fired.”The book concludes with a series of recommendations for President Trump: practical, hard-headed, and concise ways to drain the swamp and force Washington to be more transparent, more accountable, and more effective in how it serves those who have elected its politicians and pay the bills for their decisions.Last year President Trump declared Wake Up America to be a "huge" book; Eric Bolling's second book is sure to build on that success. Entertaining and timely, The Swamp is the perfect book for today's political climate.