The Authority of the Court and the Peril of Politics


Stephen Breyer - 2021
    On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes”—their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court’s history, he suggests that the judiciary’s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, “no influence over either the sword or the purse,” the Court earned its authority by making decisions that have, over time, increased the public’s trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity.Breyer warns that political intervention could itself further erode public trust. Without the public’s trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

The Presidents Club: Inside the World's Most Exclusive Fraternity


Nancy Gibbs - 2012
    Among their secrets: How Jack Kennedy tried to blame Ike for the Bay of Pigs. How Ike quietly helped Reagan win his first race in 1966. How Richard Nixon conspired with Lyndon Johnson to get elected and then betrayed him. How Jerry Ford and Jimmy Carter turned a deep enmity into an alliance. The unspoken pact between a father and son named Bush. And the roots of the rivalry between Clinton and Barack Obama. Time magazine editors and presidential historians Nancy Gibbs and Michael Duffy offer a new and revealing lens on the American presidency, exploring the club as a hidden instrument of power that has changed the course of history.

Republic, Lost: How Money Corrupts Congress--and a Plan to Stop It


Lawrence Lessig - 2011
    Federal Election Commission trust in our government has reached an all-time low. More than ever before, Americans believe that money buys results in Congress, and that business interests wield control over our legislature.With heartfelt urgency and a keen desire for righting wrongs, Harvard law professor Lawrence Lessig takes a clear-eyed look at how we arrived at this crisis: how fundamentally good people, with good intentions, have allowed our democracy to be co-opted by outside interests, and how this exploitation has become entrenched in the system. Rejecting simple labels and reductive logic-and instead using examples that resonate as powerfully on the Right as on the Left-Lessig seeks out the root causes of our situation. He plumbs the issues of campaign financing and corporate lobbying, revealing the human faces and follies that have allowed corruption to take such a foothold in our system. He puts the issues in terms that nonwonks can understand, using real-world analogies and real human stories. And ultimately he calls for widespread mobilization and a new Constitutional Convention, presenting achievable solutions for regaining control of our corrupted-but redeemable-representational system. In this way, Lessig plots a roadmap for returning our republic to its intended greatness. While America may be divided, Lessig vividly champions the idea that we can succeed if we accept that corruption is our common enemy and that we must find a way to fight against it. In REPUBLIC, LOST, he not only makes this need palpable and clear-he gives us the practical and intellectual tools to do something about it.

Justice for All: Earl Warren and the Nation He Made


Jim Newton - 2006
    Board of Education, Griswold v. Connecticut, Miranda v. Arizona. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton illuminates both the public and the private Warren. The result is a monumental biography of a complicated and principled figure that will become a seminal work of twentieth-century American history.

Narrative of the Life of Frederick Douglass


Frederick Douglass - 1845
    In 1845, seven years after escaping to the North, he published Narrative, the first of three autobiographies. This book calmly but dramatically recounts the horrors and the accomplishments of his early years—the daily, casual brutality of the white masters; his painful efforts to educate himself; his decision to find freedom or die; and his harrowing but successful escape.An astonishing orator and a skillful writer, Douglass became a newspaper editor, a political activist, and an eloquent spokesperson for the civil rights of African Americans. He lived through the Civil War, the end of slavery, and the beginning of segregation. He was celebrated internationally as the leading black intellectual of his day, and his story still resonates in ours.

These Truths: A History of the United States


Jill Lepore - 2018
    The American experiment rests on three ideas—“these truths,” Jefferson called them—political equality, natural rights, and the sovereignty of the people. But has the nation, and democracy itself, delivered on that promise?These Truths tells this uniquely American story, beginning in 1492, asking whether the course of events over more than five centuries has proven the nation’s truths, or belied them. To answer that question, Lepore wrestles with the state of American politics, the legacy of slavery, the persistence of inequality, and the nature of technological change. “A nation born in contradiction… will fight, forever, over the meaning of its history,” Lepore writes, but engaging in that struggle by studying the past is part of the work of citizenship. With These Truths, Lepore has produced a book that will shape our view of American history for decades to come.

American Carnage: On the Front Lines of the Republican Civil War and the Rise of President Trump


Tim Alberta - 2019
    Trump.The 2016 election was a watershed for the United States. But, as Tim Alberta explains in American Carnage, to understand Trump’s victory is to view him not as the creator of this era of polarization and bruising partisanship, but rather as its most manifest consequence.American Carnage is the story of a president’s rise based on a country’s evolution and a party’s collapse. As George W. Bush left office with record-low approval ratings and Barack Obama led a Democratic takeover of Washington, Republicans faced a moment of reckoning: They had no vision, no generation of new leaders, and no energy in the party’s base. Yet Obama’s forceful pursuit of his progressive agenda, coupled with the nation’s rapidly changing societal and demographic identity, lit a fire under the right, returning Republicans to power and inviting a bloody struggle for the party’s identity in the post-Bush era. The factions that emerged—one led by absolutists like Jim Jordan and Ted Cruz, the other led by pragmatists like John Boehner and Mitch McConnell—engaged in a series of devastating internecine clashes and attempted coups for control. With the GOP’s internal fissures rendering it legislatively impotent, and that impotence fueling a growing resentment toward the political class and its institutions, the stage was set for an outsider to crash the party. When Trump descended a gilded escalator to announce his run in the summer of 2015, the candidate had met the moment.Only by viewing Trump as the culmination of a decade-long civil war inside the GOP—and of the parallel sense of cultural, socioeconomic, and technological disruption during that period—can we appreciate how he won the White House and consider the fundamental questions at the center of America’s current turmoil. How did a party once obsessed with national insolvency come to champion trillion-dollar deficits? How did the party of compassionate conservatism become the party of Muslim bans and family separation? How did the party of family values elect a thrice-married philanderer? And, most important, how long can such a party survive?Loaded with explosive original reporting and based off hundreds of exclusive interviews—including with key players such as President Trump, Paul Ryan, Ted Cruz, John Boehner, Mitch McConnell, Jim DeMint, and Reince Priebus, among many others—American Carnage takes us behind the scenes of this tumultuous period as we’ve never seen it before and establishes Tim Alberta as the premier chronicler of this political era.

Loaded: A Disarming History of the Second Amendment


Roxanne Dunbar-Ortiz - 2018
    From Daniel Boone and Jesse James to the NRA and Seal Team 6, gun culture has colored the lore, shaped the law, and protected the market that arms the nation. In Loaded, Roxanne Dunbar-Ortiz peels away the myths of gun culture to expose the true historical origins of the Second Amendment, exposing the racial undercurrents connecting the earliest Anglo setters with contemporary gun proliferation, modern-day policing, and the consolidation of influence of armed white nationalists. From the enslavement of Blacks and the conquest of Native America, to the arsenal of institutions that constitute the "gun lobby," Loaded presents "a people's history of the Second Amendment" as seen through the lens of those who have been most targeted by guns: people of color. Meticulously researched and thought-provoking throughout, this is essential reading for anyone interested in understanding the historical connections between racism and gun violence in the United States.

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.

The Second: Race and Guns in a Fatally Unequal America


Carol Anderson - 2021
    The Second is neither a “pro-gun” nor an “anti-gun” book; the lens is the citizenship rights and human rights of African Americans.From the seventeenth century, when it was encoded into law that the enslaved could not own, carry, or use a firearm whatsoever, until today, with measures to expand and curtail gun ownership aimed disproportionately at the African American population, the right to bear arms has been consistently used as a weapon to keep African Americans powerless—revealing that armed or unarmed, Blackness, it would seem, is the threat that must be neutralized and punished.Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life—as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America.

A History of American Law


Lawrence M. Friedman - 1973
    Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.

The Roberts Court: The Struggle for the Constitution


Marcia Coyle - 2013
    Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr.Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action.Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority.The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

$2.00 a Day: Living on Almost Nothing in America


Kathryn J. Edin - 2015
    Modonna Harris and her teenage daughter Brianna in Chicago often have no food but spoiled milk on weekends. After two decades of brilliant research on American poverty, Kathryn Edin noticed something she hadn’t seen since the mid-1990s — households surviving on virtually no income. Edin teamed with Luke Shaefer, an expert on calculating incomes of the poor, to discover that the number of American families living on $2.00 per person, per day, has skyrocketed to 1.5 million American households, including about 3 million children. Where do these families live? How did they get so desperately poor? Edin has procured rich — and truthful — interviews. Through the book’s many compelling profiles, moving and startling answers emerge. The authors illuminate a troubling trend: a low-wage labor market that increasingly fails to deliver a living wage, and a growing but hidden landscape of survival strategies among America’s extreme poor. More than a powerful exposé, $2.00 a Day delivers new evidence and new ideas to our national debate on income inequality.

How Democratic Is the American Constitution?


Robert A. Dahl - 2001
    Dahl . . . is about as covered in honors as a scholar can be. . . . He knows what he is talking about. And he thinks that the Constitution has something the matter with it.”—Hendrik Hertzberg, New Yorker  “A devastating attack on the undemocratic character of the American Constitution.”—Gordon S. Wood, New York Review of Books   In this provocative book, one of our most eminent political scientists poses the question, “Why should Americans uphold their constitution?” The vast majority of Americans venerate the Constitution and the democratic principles it embodies, but many also worry that the United States has fallen behind other nations on crucial issues, including economic equality, racial integration, and women’s rights. Robert Dahl explores this vital tension between the Americans’ belief in the legitimacy of their constitution and their belief in the principles of democracy. Dahl starts with the assumption that the legitimacy of the American Constitution derives solely fromits utility as an instrument of democratic governance. Dahl demonstrates that, due to the context in which it was conceived, our constitution came to incorporate significant antidemocratic elements. Because the Framers of the Constitution had no relevant example of a democratic political system on which to model the American government, many defining aspects of our political system were implemented as a result of short-sightedness or last-minute compromise. Dahl highlights those elements of the American system that are most unusual and potentially antidemocratic: the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system. The political system that emerged from the world’s first great democratic experiment is unique—no other well-established democracy has copied it. How does the American constitutional system function in comparison to other democratic systems? How could our political system be altered to achieve more democratic ends? To what extent did the Framers of the Constitution build features into our political system that militate against significant democratic reform? Refusing to accept the status of the American Constitution as a sacred text, Dahl challenges us all to think critically about the origins of our political system and to consider the opportunities for creating a more democratic society.

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.