Book picks similar to
Democracy and Distrust: A Theory of Judicial Review by John Hart Ely
law
politics
non-fiction
nonfiction
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.
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.
Democracy in America
Alexis de Tocqueville - 1835
Alexis de Tocqueville, a young French aristocrat, came to the young nation to investigate the functioning of American democracy & the social, political & economic life of its citizens, publishing his observations in 1835 & 1840. Brilliantly written, vividly illustrated with vignettes & portraits, Democracy in America is far more than a trenchant analysis of one society at a particular point in time. What will most intrigue modern readers is how many of the observations still hold true: on the mixed advantages of a free press, the strained relations among the races & the threats posed to democracies by consumerism & corruption. So uncanny is Tocqueville’s insight & so accurate are his predictions, that it seems as tho he were not merely describing the American identity but actually helping to create it.
A Theory of Justice
John Rawls - 1971
The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book.Rawls aims to express an essential part of the common core of the democratic tradition - justice as fairness - and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published.
What the Anti-Federalists Were for: The Political Thought of the Opponents of the Constitution
Herbert J. Storing - 1981
Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights. Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.
Restoring the Lost Constitution: The Presumption of Liberty
Randy E. Barnett - 2003
Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.
The Rule of Law
Tom Bingham - 2010
The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of?In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Active Liberty: Interpreting Our Democratic Constitution
Stephen G. Breyer - 2005
As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Utilitarianism
John Stuart Mill - 1861
The speech is significant both because its topic remains timely and because its arguments illustrate the applicability of the principle of utility to questions of large-scale social policy.
Anarchy, State, and Utopia
Robert Nozick - 1974
National Book Award in category Philosophy and Religion, has been translated into 11 languages, and was named one of the "100 most influential books since the war" (1945–1995) by the U.K. Times Literary Supplement.
The Hollow Hope: Can Courts Bring About Social Change?
Gerald N. Rosenberg - 1991
But while debate rages over whether the courts should be playing such a legislative role, Gerald N. Rosenberg poses a far more fundamental question—can courts produce political and social reform?Rosenberg presents, with remarkable skill, an overwhelming case that efforts to use the courts to generate significant reforms in civil rights, abortion, and women's rights were largely failures."The real strength of The Hollow Hope . . . is its resuscitation of American Politics—the old-fashioned representative kind—as a valid instrument of social change. Indeed, the flip side of Mr. Rosenberg's argument that courts don't do all that much is the refreshing view that politics in the best sense of the word—as deliberation and choice over economic and social changes, as well as over moral issues—is still the core of what makes America the great nation it is. . . . A book worth reading."—Gary L. McDowell, The Washington Times
Constitutional Law and Politics, Volume 2
David M. O'Brien - 2002
This comprehensive text presents a wide range of excerpts and opinions from the most significant Supreme Court cases and provides the contextual material students need to interpret their historical significance. The Sixth Edition adds material on dozens of important recent cases, current through June 2004, and features carefully updated and refined pedagogy.Author Biography: David M. O'Brien is Leone Reaves and George W. Spicer Professor of Government and Foreign Affairs at the University of Virginia, where he teaches the popular constitutional law course on which his book Constitutional Law and Politics (now in its Sixth Edition) is based. Professor O'Brien is a regular commentator on the Supreme Court's activities and rulings. He is the author of over fifteen books and regularly contributes op-ed pieces on the Court to the Los Angeles Times.
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 Courage of Their Convictions: Sixteen Americans Who Fought Their Way to the Supreme Court
Peter Irons - 1988
Tribe.
Justice: What's the Right Thing to Do?
Michael J. Sandel - 2009
In his acclaimed book―based on his legendary Harvard course―Sandel offers a rare education in thinking through the complicated issues and controversies we face in public life today. It has emerged as a most lucid and engaging guide for those who yearn for a more robust and thoughtful public discourse. "In terms we can all understand," wrote Jonathan Rauch in The New York Times, Justice "confronts us with the concepts that lurk . . . beneath our conflicts."Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, the moral limits of markets―Sandel relates the big questions of political philosophy to the most vexing issues of the day, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well.Justice is lively, thought-provoking, and wise―an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.