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.

Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy


Richard L. Hasen - 2020
    In this timely and accessible book, Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old-fashioned and new-fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about “stolen” elections supercharges distrust among hardcore partisans. Taking into account how each of these threats has manifested in recent years—most notably in the 2016 and 2018 elections—Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined.

The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives


Jesse Eisinger - 2017
    The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek).Jesse Eisigner begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives.“Brave and elegant….a fearless reporter…Eisinger’s important and profound book takes no prisoners (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).

The System: The American Way of Politics at the Breaking Point


Haynes Johnson - 1996
    Taking as an example the Clinton health care reform initiative, the authors show how a policy that aimed to please everyone ended by satisfying no one due to pressure groups, political gamesmanship and the inertia of the American 'system'.

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.

The Corruption Chronicles: Obama's Big Secrecy, Big Corruption, and Big Government


Tom Fitton - 2012
    president; it was the very cornerstone of his campaign. No secrets. No masks. No smoke and mirrors. No excuses. But over the next four years, President Obama’s administration would prove to be one of the most guarded and duplicitous of our time. Tom Fitton of Judicial Watch, America’s largest nonpartisan government watchdog (challenging George W. Bush as well as Bill Clinton), has been investigating Obama ever since he splashed onto the national scene in 2006. Now Fitton exposes devastating secrets the Obama administration has desperately fought—even in court—to keep from the American public. For a while, the Obama stonewall seemed to be holding. Until now. And the revelations are astonishing. Judicial Watch has unearthed the truth behind such high-profile issues as the bailouts, Obamacare, Guantanamo, Obama’s true ties to Bill Ayers and to the Black Panthers voting intimidation scandal, and the Constitution-defying government czars. He reveals Obama’s personal war against FOX News, his real link to ACORN, and his radical Chicago connections. Through scores of smoking-gun government files, some replicated here and many unearthed after lengthy court battles, Fitton also discloses the facts of the Obama-backed $535-million loan guarantee to Solyndra, promoted by the president as a model for economic recovery—only months before its disastrous bankruptcy filing. Here too is the truth behind the gunrunning scandal, code-named Fast and Furious, which was a program generated in secrecy by the U.S. government that supplied thousands of firearms to murderous criminals in Mexico—an unconscionable act, and only one in a series of historical lows for an administration that few, if any, major media in this country dare to expose. This book details how the Obama machine is aggressively employing Chicago-style tactics to steal, if necessary, the 2012 elections. And how Judicial Watch is prepared to go to court with historic lawsuits to make sure the elections are fair and honest. Why do Obama supporters turn a blind eye to his astoundingly unethical and abusive approach to governing this country? The Corruption Chronicles boldly, honestly, and factually makes the case that the federal government is now off the rails and out of control, and has literally built its foundation on broken promises, fatal miscalculations, and a cynical manipulation of its trusting public. But it’s not over. Tom Fitton and Judicial Watch are proof that the Tea Party approach to government corruption can make a difference. A grassroots group can take on the president, the Congress, and the judiciary, and finally force the government to be held accountable. The uncontestable facts are here, in The Corruption Chronicles. To see what is true, you only have to look.  THE FULLY DOCUMENTED FACTS BEHIND: • The Solyndra Debacle • Obama’s Watergate: Operation Fast and Furious • The Obama Administration’s $20 Billion Government Extortion Scheme • The Unprecedented Threat to the Integrity of the 2012 Elections • The Czar Investigation Stonewall • The Undermining of Our Nation’s Immigration Laws • 9/11 Secrets

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.

The Conscience of a Conservative


Barry M. Goldwater - 1960
    Written at the height of the Cold War and in the wake of America's greatest experiment with big government, the New Deal, Goldwater's message was not only remarkable, but radical. He argued for the value and importance of conservative principles--freedom, foremost among them--in contemporary political life. Using the principles he espoused in this concise but powerful book, Goldwater fundamentally altered the political landscape of his day--and ours.

The Rule of Nobody: Saving America from Dead Laws and Broken Government


Philip K. Howard - 2014
    But hidden underneath is something bigger and more destructive. It’s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship.Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, “What’s the right thing to do here?” Instead, they wonder, “What does the rule book say?”There’s a fatal flaw in America’s governing system—trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people—by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities.America needs to radically simplify its operating system and give people—officials and citizens alike—the freedom to be practical. Rules can’t accomplish our goals. Only humans can get things done.In The Rule of Nobody Philip K. Howard argues for a return to the framers’ vision of public law—setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.

The Submerged State: How Invisible Government Policies Undermine American Democracy


Suzanne Mettler - 2011
    Mettler argues that this difficulty is not merely a failure of communication; rather it is endemic to the formidable presence of the “submerged state.” In recent decades, federal policymakers have increasingly shunned the outright disbursing of benefits to individuals and families and favored instead less visible and more indirect incentives and subsidies, from tax breaks to payments for services to private companies. These submerged policies, Mettler shows, obscure the role of government and exaggerate that of the market. As a result, citizens are unaware not only of the benefits they receive, but of the massive advantages given to powerful interests, such as insurance companies and the financial industry. Neither do they realize that the policies of the submerged state shower their largest benefits on the most affluent Americans, exacerbating inequality. Mettler analyzes three Obama reforms—student aid, tax relief, and health care—to reveal the submerged state and its consequences, demonstrating how structurally difficult it is to enact policy reforms and even to obtain public recognition for achieving them. She concludes with recommendations for reform to help make hidden policies more visible and governance more comprehensible to all Americans. The sad truth is that many American citizens do not know how major social programs work—or even whether they benefit from them. Suzanne Mettler’s important new book will bring government policies back to the surface and encourage citizens to reclaim their voice in the political process.

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.

Alexander Hamilton: A Biography


Forrest McDonald - 1979
    Had they known what a fickle muse Clio would prove to be, they might have been more anxious. The making of myths and legends, complete with a hagiology and demonology, is inherent in the process of evolution toward nationhood. Consequently, individual actors in the original drama have often been consigned by History to roles they did not actually play, and the most important of them have played shifting roles, being heroes in one generation and villains in the next. It is therefore not surprising that Alexander Hamilton—along with Washington, Jefferson, Adams, and Madison—has had his ups and downs at the hands of historians.

Fear Itself: The New Deal and the Origins of Our Time


Ira Katznelson - 2013
    Ira Katznelson, “a towering figure in the study of American and European history” (Cornel West), boldly asserts that, during the 1930s and 1940s, American democracy was rescued yet distorted by a unified band of southern lawmakers who safeguarded racial segregation as they built a new national state to manage capitalism and assert global power. This original study brings to vivid life the politicians and pundits of the time, including Walter Lippmann, who argued that America needed a dose of dictatorship; Mississippi’s five-foot-two Senator Theodore Bilbo, who advocated the legal separation of races; and Robert Oppenheimer, who built the atomic bomb yet was tragically undone by the nation’s hysteria. Fear Itself is a necessary work, vital to understanding our world—a world the New Deal first made.

Gunfight: The Battle over the Right to Bear Arms in America


Adam Winkler - 2011
    In the tradition of Gideon's Trumpet, Adam Winkler uses the landmark 2008 case District of Columbia v. Heller, which invalidated a law banning handguns in the nation's capital, as a springboard for a groundbreaking historical narrative. From the Founding Fathers and the Second Amendment to the origins of the Klan, ironically as a gun control organization, the debate over guns has always generated controversy. Whether examining the Black Panthers' role in provoking the modern gun rights movement or Ronald Reagan's efforts to curtail gun ownership, Winkler brilliantly weaves together the dramatic stories of gun rights advocates and gun control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.

The Color of Law: A Forgotten History of How Our Government Segregated America


Richard Rothstein - 2017
    Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day.Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north.As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods.The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.