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.

    But he will give you a sizeable piece of his mind on Election 2000. This plain-talking, name-naming, podium-pounding populist zeros in on everything that ails us, from the global economy and media to big business and election winners everywhere. In his hard hitting commentary and hilarious anecdotes, Hightower spares no one, including the scared cows -- and especially the politicians -- who helped steer us into this mess in the first place. An equal opportunity muckrucker and a conscientious agitator for "We the People", Hightower inspires us to take charge again, build a new politics for a better tommorow -- and have a lot of laughs along the way

    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.

    In 1995 a Gallup poll found that 52 percent of Americans said "the federal government has become so large and powerful that it poses an immediate threat to the rights and freedoms of ordinary citizens." Later that year, The Wall Street Journal concurred, saying: "Because of their growing disdain for government, more and more Americans appear to be drifting—often unwittingly—toward a libertarian philosophy." Libertarianism is hardly new, but its framework for liberty under law and economic progress makes it especially suited for the dynamic new era we are now entering. In the United States, the bureaucratic leviathan is newly threatened by a resurgence of the libertarian ideas upon which the country was founded. We are witnessing a breakdown of all the cherished beliefs of the welfare-warfare state. Americans have seen the failure of big government. Now, in the 1990s, we are ready to apply the lessons of this century to make the next one the century not of the state but of the free individual. David Boaz presents the essential guidebook to the libertarian perspective, detailing its roots, central tenets, solutions to contemporary policy dilemmas, and future in American politics. He confronts head-on the tough questions frequently posed to libertarians: What about inequality? Who protects the environment? What ties people together if they are essentially self-interested? A concluding section, "Are You a Libertarian?" gives readers a chance to explore the substance of their own beliefs. Libertarianism is must reading for understanding one of the most exciting and hopeful movements of our time.

    The result is an accessible text that has sold well over half a million copies in English, has been translated into eighteen languages, and shows every sign of becoming more and more influential as time goes on.

    It is the enemy of the American people." Never has our free press faced so great a threat. Yet the tension between presidents and journalists is as old as the republic itself. From George Washington to Trump, presidents have quarreled with, attacked, denigrated, and manipulated the fourth estate.Washington groused about his treatment in the newspapers, but his successor, John Adams, actually wielded his executive power to overturn press freedoms and prosecute critical reporters. Thomas Jefferson tapped a reporter to find dirt on his rival, Alexander Hamilton, only to have the reporter expose his own affair with his slave Sally Hemings. (Jefferson denied the reports out of hand—perhaps the first presidential cry of "fake news.") Andrew Jackson rewarded loyal newspapers with government contracts; Abraham Lincoln shuttered critical papers and imprisoned their editors without trial. FDR and JFK charmed journalists in order to protect their personal secrets, while Nixon cast the press as a public enemy for daring to investigate his own.In this remarkable new account, acclaimed scholar Harold Holzer guides readers through the clashes between chief executives and journalists, showing how these battles were waged and won, while girding us for a new fight to protect our nation's greatest institution: a free and functioning press

    Home Style, which won the 1979 Woodrow Wilson Foundation Award and the 1980 D.B. Hardeman prize, has been re-issued in a "Longman Classics" Edition and features a new Foreword by renowned scholar John Hibbing of The University of Nebraska.

    Bush -- comes a book about the presidency like no other.After Trump systematically shows how Donald Trump has exposed the inadequacy of the current array of laws and norms governing the presidency for protecting institutions vital to the American constitutional democracy. It also highlights the inability of these laws and norms to constrain the president.Bauer and Goldsmith don't stop there. They provide a detailed roadmap for reform, including concrete proposals on presidential conflicts of interest, foreign state influence on elections, abuse of the pardon power, systematic assaults on the press, White House-Justice Department relations, the role of the White House Counsel, law enforcement independence, the institution of the Special Counsel, protecting whistleblowers, inspectors general, war powers, control of nuclear weapons, executive branch vacancies, FBI investigations of presidents and presidential campaigns, and more.After Trump is a definitive account of what the last four years have revealed about the presidency. It will be essential reading for the coming debate on how to reconstruct the institutions surrounding the world's most powerful office--and how to restore the trust and faith of Americans in it.

    This belief is as American as freedom of speech and turkey on Thanksgiving—held sacred by Democrats and Republicans alike. But as celebrated Supreme Court lawyer and former Acting Solicitor General Neal Katyal argues in Impeach, if President Trump is not held accountable for repeatedly asking foreign powers to interfere in the 2020 presidential election, this could very well mark the end of our democracy. To quote President George Washington’s Farewell Address: “Foreign influence is one of the most baneful foes of republican government.” Impeachment should always be our last resort, explains Katyal, but our founders, our principles, and our Constitution leave us with no choice but to impeach President Trump—before it’s too late.

    

    During his tenure, Barr has done profound and pervasive damage, trampling the two core virtues that have long defined the department and its mission across both Democratic and Republican administrations: credibility and independence. Barr has bent the truth, distorted the law, and undermined his Department’s own prosecutions, with one consistent outcome: to protect and advance the political interests of Donald Trump.Barr’s first act as AG was distorting the findings of Special Counsel Robert Mueller, earning a public rebuke for his dishonesty from Mueller himself and, later, from a federal judge. Barr tried to manipulate the law to squash a whistleblower’s complaint about Trump’s dealings with Ukraine—the report that eventually led to Trump’s impeachment. Barr intervened in the prosecutions of Michael Flynn and Roger Stone, undermining the work of his own prosecutors to aid the loyal Trump advisers. He got caught lying about his late-night effort to displace the U.S. Attorney for the Southern District of New York, whose office was investigating the Trump family and its business. Barr has denigrated Democrats and Trump opponents and has amplified baseless theories about massive mail-in ballot fraud, bolstering the possibility of an ugly battle over the 2020 election results. Working at the Justice Department, Elie Honig was taught that the two most important assets a prosecutor has is credibility and independence; without them, a prosecutor is lost. While he and his colleagues fought hard to do justice, to charge well-supported and righteous cases, and to convict serious lawbreakers, they knew that nothing was worth sacrificing character or integrity. To America’s detriment, Barr has relinquished both.Hatchet Man examines Barr’s unprecedented abuse of power as Attorney General and the lasting structural damage done to the Justice Department through his callous, almost gleeful, politicization of his position and his vast power.

    In campaigns, the presidency is a magical place where the will of its occupant can move the nation. In reality, the presidency is stretched, burdened, and unmatched for the complexity of the modern world. With both an historical and contemporary view of the presidency, Dickerson explores how and why the office has expanded and how America's obsession with the presidency is at odds with its creation and leads to disappointment. Dickerson also charts Donald Trump's departures from and innovations to the office, developing a picture of where the presidency stands on the eve of the 2020 election and beyond. Armed with an understanding of the office, Dickerson suggests new ways to test candidates, elect presidents thoughtfully, and fix the job so that it more closely can match our expectations.

    Just as they were overlooked, so have their individual stories been -- until now." - Linda Greenhouse, New York Times contributing columnist"[Shortlisted] tells the political and personal sagas of women publicly considered for appointment to the Supreme Court but never actually nominated by a president... With fresh research, the authors effectively humanize the women who never received the nominations they deserved." - Kirkus ReviewsIn 1981, Sandra Day O’Connor became the first female justice on the United States Supreme Court after centuries of male appointments, a watershed moment in the long struggle for gender equality. Yet few know about the remarkable women considered in the decades before her triumph.Shortlisted tells the overlooked stories of nine extraordinary women—a cohort large enough to seat the entire Supreme Court—who appeared on presidential lists dating back to the 1930s. Florence Allen, the first female judge on the highest court in Ohio, was named repeatedly in those early years. Eight more followed, including Amalya Kearse, a federal appellate judge who was the first African American woman viewed as a potential Supreme Court nominee. Award-winning scholars Renee Knake Jefferson and Hannah Brenner Johnson cleverly weave together long-forgotten materials from presidential libraries and private archives to reveal the professional and personal lives of these accomplished women.In addition to filling a notable historical gap, the book exposes the harms of shortlisting―it reveals how adding qualified female candidates to a list but passing over them ultimately creates the appearance of diversity while preserving the status quo. This phenomenon often occurs with any pursuit of professional advancement, whether the judge in the courtroom, the CEO in the corner office, or the coach on the playing field. Women, and especially female minorities, while as qualified as others on the shortlist (if not more so), find themselves far less likely to be chosen. With the stories of these nine exemplary women as a framework, Shortlisted offers all women a valuable set of strategies for upending the injustices that still endure. It is a must-read for those seeking positions of power as well as for the powerful who select them in the legal profession and beyond.

    More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies in ever way to our own time, which is precisely why so many people credit this one essay for showing them the light of liberty. Bastiat's essay here is timeless because applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat's death. This newly available translation provides new insight into Bastiat's argument. It is a more sophisticated, more substantial, and more precise rendering than any in print. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others' lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn't avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our sentiments, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have the domain of force, which is justice. More from Bastiat's The Law: Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State - then we are against education altogether. We object to a State religion - then we would have no religion at all. We object to an equality which is brought about by the State then we are against equality, etc., etc. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State. How is it that the strange idea of making the law produce what it does not contain - prosperity, in a positive sense, wealth, science, religion - should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain. They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important. Whether you buy one or one hundred, you can look forward to one of the most penetrating and powerful essays written in the history of political economy.

    The Reverend Jim Jones, the darling of the San Francisco political establishment, orchestrates the murders and suicides of 918 people at a remote jungle outpost in South America. Days later, Harvey Milk, one of America’s first openly gay elected officials—and one of Jim Jones’s most vocal supporters—is assassinated in San Francisco’s City Hall. This horrifying sequence of events shocked the world. Almost immediately, the lives and deaths of Jim Jones and Harvey Milk became shrouded in myth. The distortions and omissions have piled up since. Now, forty years later, this book corrects the record. The product of a decade of research, including extensive archival work and ­dozens of exclusive interviews, Cult City reveals just how confused our understanding has become. In life, Jim Jones enjoyed the support of prominent politicians and Hollywood stars even as he preached atheism and communism from the pulpit; in death, he transforms into a fringe figure, a “fundamentalist Christian,” and a “fascist.” In life, Harvey Milk outed friends, faked hate crimes, and falsely claimed that the U.S. Navy dishonorably discharged him over his homosexuality; in death, he is honored in an Oscar-winning movie, with a California state holiday, and with a U.S. Navy ship named for him. His assassin, a blue-collar Democrat who often voted with Milk in support of gay issues, is remembered as a right-winger and a homophobe. But the story extends far beyond Jones and Milk. Author Daniel J. Flynn vividly portrays the strange intersection of mainstream politics and murderous extremism in 1970s San Francisco—the hangover after the high of the Summer of Love. In recounting the fascinating, intersecting lives of Jim Jones and ­Harvey Milk, Cult City tells the story of a great city gone horribly wrong.