The Nine: Inside the Secret World of the Supreme Court


Jeffrey Toobin - 2007
    An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

The Constitution: An Introduction


Michael Stokes Paulsen - 2015
    This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.The Constitution: An Introduction is the definitive modern primer on the US Constitution. Michael Stokes Paulsen, one of the nation's most provocative and accomplished scholars of the Constitution, and his son Luke Paulsen, a gifted young writer and lay scholar, have combined to write a lively introduction to the supreme law of the United States, covering the Constitution's history and meaning in clear, accessible terms. Beginning with the Constitution's birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors provide correctives to the shallow myths and partial truths that pervade so much popular treatment of the Constitution, from school textbooks to media accounts of today's controversies, and offer powerful insights into the Constitution's true meaning. A lucid and engaging guide, The Constitution: An Introduction provides readers with the tools to think critically and independently about constitutional issues -- a skill that is ever more essential to the continued flourishing of American democracy.

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.

It's Even Worse Than It Looks: How the American Constitutional System Collided with the Politics of Extremism


Thomas E. Mann - 2012
    Congress is deadlocked and its approval ratings are at record lows. America’s two main political parties have given up their traditions of compromise, endangering our very system of constitutional democracy. And one of these parties has taken on the role of insurgent outlier; the Republicans have become ideologically extreme, scornful of compromise, and ardently opposed to the established social and economic policy regime. In It’s Even Worse Than It Looks, congressional scholars Thomas Mann and Norman Ornstein identify two overriding problems that have led Congress—and the United States—to the brink of institutional collapse. The first is the serious mismatch between our political parties, which have become as vehemently adversarial as parliamentary parties, and a governing system that, unlike a parliamentary democracy, makes it extremely difficult for majorities to act. Second, while both parties participate in tribal warfare, both sides are not equally culpable. The political system faces what the authors call “asymmetric polarization,” with the Republican Party implacably refusing to allow anything that might help the Democrats politically, no matter the cost. With dysfunction rooted in long-term political trends, a coarsened political culture and a new partisan media, the authors conclude that there is no “silver bullet” reform that can solve everything. But they offer a panoply of useful ideas and reforms, endorsing some solutions, like greater public participation and institutional restructuring of the House and Senate, while debunking others, like independent or third-party candidates. Above all, they call on the media as well as the public at large to focus on the true causes of dysfunction rather than just throwing the bums out every election cycle. Until voters learn to act strategically to reward problem solving and punish obstruction, American democracy will remain in serious danger.

The Fifth Risk: Undoing Democracy


Michael Lewis - 2018
    Nobody appeared. Across all departments the stories were the same: Trump appointees were few and far between; those who did show up were shockingly uninformed about the functions of their new workplace.Michael Lewis’s brilliant narrative of the Trump administration’s botched presidential transition takes us into the engine rooms of a government under attack by its leaders through willful ignorance and greed. The government manages a vast array of critical services that keep us safe and underpin our lives, from ensuring the safety of our food and medications and predicting extreme weather events to tracking and locating black- market uranium before the terrorists do. The Fifth Risk masterfully and vividly unspools the consequences of what happens when the people given control over our government have no idea how it works.

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.

Evil Geniuses: The Unmaking of America


Kurt Andersen - 2020
    A huge, secure, and contented middle class emerged. All boats rose together. But then the New Deal gave way to the Raw Deal. Beginning in the early 1970s, by means of a long war conceived of and executed by a confederacy of big business CEOs, the superrich, and right-wing zealots, the rules and norms that made the American middle class possible were undermined and dismantled. The clock was turned back on a century of economic progress, making greed good, workers powerless, and the market all-powerful while weaponizing nostalgia, lifting up an oligarchy that served only its own interests, and leaving the huge majority of Americans with dwindling economic prospects and hope.Why and how did America take such a wrong turn? In this deeply researched and brilliantly woven cultural, economic, and political chronicle, Kurt Andersen offers a fresh, provocative, and eye-opening history of America’s undoing, naming names, showing receipts, and unsparingly assigning blame—to the radical right in economics and the law, the high priests of high finance, a complacent and complicit Establishment, and liberal “useful idiots,” among whom he includes himself.

The Federalist Papers


Alexander Hamilton - 1788
    Ideal for anyone who wants to read a great work for the first time or revisit an old favorite, these new editions open the door to the stories and ideas that have shaped our world.

Six Amendments: How and Why We Should Change the Constitution


John Paul Stevens - 2014
    By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. Six Amendments is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, Six Amendments is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.

Twilight of the Elites: America After Meritocracy


Christopher L. Hayes - 2012
    In the wake of the Fail Decade, Americans have historically low levels of trust in their institutions; the social contract between ordinary citizens and elites lies in tatters.How did we get here? With Twilight of the Elites, Christopher Hayes offers a radically novel answer. Since the 1960s, as the meritocracy elevated a more diverse group of men and women into power, they learned to embrace the accelerating inequality that had placed them near the very top. Their ascension heightened social distance and spawned a new American elite--one more prone to failure and corruption than any that came before it.Mixing deft political analysis, timely social commentary, and deep historical understanding, Twilight of the Elites describes how the society we have come to inhabit – utterly forgiving at the top and relentlessly punitive at the bottom – produces leaders who are out of touch with the people they have been trusted to govern. Hayes argues that the public's failure to trust the federal government, corporate America, and the media has led to a crisis of authority that threatens to engulf not just our politics but our day-to-day lives.Upending well-worn ideological and partisan categories, Hayes entirely reorients our perspective on our times. Twilight of the Elites is the defining work of social criticism for the post-bailout age.

Our Republican Constitution: Securing the Liberty and Sovereignty of We the People


Randy E. Barnett - 2016
    In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority.In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied.Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy


Adam Jentleson - 2021
    Although they do not represent a majority of Americans—and will not for the foreseeable future—today’s Republican senators possess the power to block most legislation. Once known as “the world’s greatest deliberative body,” the Senate has become one of the greatest threats to our democracy. How did this happen?In Kill Switch, Senate insider Adam Jentleson contends that far from reflecting the Framers’ vision, the Senate has been transformed over the decades by a tenacious minority of white conservatives. From John Calhoun in the mid-1800s to Mitch McConnell in the 2010s, their primary weapon has been the filibuster, or the requirement that most legislation secure the support of a supermajority of senators. Yet, as Jentleson reveals, the filibuster was not a feature of the original Senate and, in allowing a determined minority to gridlock the federal government, runs utterly counter to the Framers’ intent.For much of its history, the filibuster was used primarily to prevent civil rights legislation from becoming law. But more recently, Republicans have refined it into a tool for imposing their will on all issues, wielding it to thwart an increasingly progressive American majority represented by Barack Obama’s agenda and appointees. Under Donald Trump, McConnell merged the filibuster with rigid leadership structures initially forged by Lyndon Johnson, in the process surrendering the Senate’s independence and centrality, as infamously shown by its acquiescence in Trump’s impeachment trial. The result is a failed institution and a crippled democracy.Taking us into the Capitol Hill backrooms where the institution’s decline is most evident, Jentleson shows that many of the greatest challenges of our era—partisan polarization, dark money, a media culture built on manufactured outrage—converge within the Senate. Even as he charts the larger forces that have shaped the institution where he served, Jentleson offers incisive portraits of the powerful senators who laid the foundation for the modern Senate, from Calhoun to McConnell to LBJ’s mentor, Richard Russell, to the unapologetic racist Jesse Helms.An essential, revelatory investigation, Kill Switch ultimately makes clear that unless we immediately and drastically reform the Senate’s rules and practices—starting with reforming the filibuster—we face the prospect of permanent minority rule in America.

The Upswing: How America Came Together a Century Ago and How We Can Do It Again


Robert D. Putnam - 2020
    Deep and accelerating inequality; unprecedented political polarization; vitriolic public discourse; a fraying social fabric; public and private narcissism—Americans today seem to agree on only one thing: This is the worst of times. But we’ve been here before. During the Gilded Age of the late 1800s, America was highly individualistic, starkly unequal, fiercely polarized, and deeply fragmented, just as it is today. However as the twentieth century opened, America became—slowly, unevenly, but steadily—more egalitarian, more cooperative, more generous; a society more focused on our responsibilities to one another and less focused on our narrower self-interest. Sometime during the 1960s, however, our nation turned another corner, and all of these trends reversed, leaving us in today’s disarray. In a sweeping overview of more than a century of history, drawing on his inimitable combination of statistical analysis and storytelling, Robert Putnam analyzes a remarkable confluence of trends that brought us from an “I” society to a “We” society and then back again. He draws inspiring lessons for our time from an earlier era, when a dedicated group of reformers righted the ship, putting us on a path to becoming a society once again based on community. Engaging, revelatory, and timely, this is Putnam’s most ambitious work yet, a fitting capstone to a brilliant career.

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.

What's the Matter with Kansas? How Conservatives Won the Heart of America


Thomas Frank - 2004
    . . the only way to understand why so many Americans have decided to vote against their own economic and political interests" (Molly Ivins)Hailed as "dazzlingly insightful and wonderfully sardonic" (Chicago Tribune), "very funny and very painful" (San Francisco Chronicle), and "in a different league from most political books" (The New York Observer), What's the Matter with Kansas? unravels the great political mystery of our day: Why do so many Americans vote against their economic and social interests? With his acclaimed wit and acuity, Thomas Frank answers the riddle by examining his home state, Kansas-a place once famous for its radicalism that now ranks among the nation's most eager participants in the culture wars. Charting what he calls the "thirty-year backlash"-the popular revolt against a supposedly liberal establishment-Frank reveals how conservatism, once a marker of class privilege, became the creed of millions of ordinary Americans.A brilliant analysis-and funny to boot-What's the Matter with Kansas? is a vivid portrait of an upside-down world where blue-collar patriots recite the Pledge while they strangle their life chances; where small farmers cast their votes for a Wall Street order that will eventually push them off their land; and where a group of frat boys, lawyers, and CEOs has managed to convince the country that it speaks on behalf of the People.