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.

    To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."

    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.

    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.

    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.

    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.

    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.

    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.

    This inexpesnive pamphlet edition is sure to be prized by Americans of all ages.

     Edited and introduced by Ralph Ketcham.

    He was a young, well-polished lawyer who shared many of President Richard Nixon's philosophies and faced no major objections from the Senate. But in truth, the nomination was anything but straightforward. Now, for the first time, former White House counsel John Dean tells the improbable story of Rehnquist's appointment. Dean weaves a gripping account packed with stunning new revelations: of a remarkable power play by Nixon to stack the court in his favor by forcing resignations; of Rehnquist himself, who played a role in the questionable ousting of Justice Abe Fortas; and of Nixon's failed impeachment attempt against William 0. Douglas. In his initial confirmation hearings, Rehnquist provided outrageous and unbelievable responses to questions about his controversial activities in the '50s and '60s -- yet he was confirmed with little opposition. It was only later, during his confirmation as Chief Justice, that his testimony would come under fire -- raising serious questions as to whether he had perjured himself Using newly released tapes, his own papers, and documents unearthed from the National Archives, John Dean offers readers a place in the White House inner circle, providing an unprecedented look at a government process, and a stunning expose of the man who has influenced the United States Supreme Court for the last thirty years.

    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 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.

    Despite the conquest of two sovereign states in as many years, despite the presence of more than 750 military installations in two thirds of the world's countries and despite his stated intention to extend the benefits of freedom...to every corner of the world, George W. Bush maintains that America has never been an empire. We don't seek empires, insists Defense Secretary Rumsfeld. We're not imperialistic.Nonsense, says Niall Ferguson. In Colossus he argues that in both military and economic terms America is nothing less than the most powerful empire the world has ever seen. Just like the British Empire a century ago, the United States aspires to globalize free markets, the rule of law, and representative government. In theory it's a good project, says Ferguson. Yet Americans shy away from the long-term commitments of manpower and money that are indispensable if rogue regimes and failed states really are to be changed for the better. Ours, he argues, is an empire with an attention deficit disorder, imposing ever more unrealistic timescales on its overseas interventions. Worse, it's an empire in denial--a hyperpower that simply refuses to admit the scale of its global responsibilities. And the negative consequences will be felt at home as well as abroad. In an alarmingly persuasive final chapter Ferguson warns that this chronic myopia also applies to our domestic responsibilities. When overstretch comes, he warns, it will come from within--and it will reveal that more than just the feet of the American colossus is made of clay.

    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