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 Anti-Federalist Papers and the Constitutional Convention Debates


Ralph Louis Ketcham - 1986
     Edited and introduced by Ralph Ketcham.

The Great Debate: Edmund Burke, Thomas Paine, and the Birth of Right and Left


Yuval Levin - 2013
    In The Great Debate, Yuval Levin explores the origins of the left/right divide by examining the views of the men who best represented each side of that debate at its outset: Edmund Burke and Thomas Paine. In a groundbreaking exploration of the roots of our political order, Levin shows that American partisanship originated in the debates over the French Revolution, fueled by the fiery rhetoric of these ideological titans. Levin masterfully shows how Burke's and Paine’s differing views, a reforming conservatism and a restoring progressivism, continue to shape our current political discourse—on issues ranging from abortion to welfare, education, economics, and beyond. Essential reading for anyone seeking to understand Washington’s often acrimonious rifts, The Great Debate offers a profound examination of what conservatism, liberalism, and the debate between them truly amount to.

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.

Ratification: The People Debate the Constitution, 1787-1788


Pauline Maier - 2010
    Elected conventions in at least nine of the thirteen states would have to ratify it before it could take effect. There was reason to doubt whether that would happen. The document we revere today as the foundation of our country’s laws, the cornerstone of our legal system, was hotly disputed at the time. Some Americans denounced the Constitution for threatening the liberty that Americans had won at great cost in the Revolutionary War. One group of fiercely patriotic opponents even burned the document in a raucous public demonstration on the Fourth of July.In this splendid new history, Pauline Maier tells the dramatic story of the yearlong battle over ratification that brought such famous founders as Washington, Hamilton, Madison, Jay, and Henry together with less well-known Americans who sometimes eloquently and always passionately expressed their hopes and fears for their new country. Men argued in taverns and coffeehouses; women joined the debate in their parlors; broadsides and newspaper stories advocated various points of view and excoriated others. In small towns and counties across the country people read the document carefully and knew it well. Americans seized the opportunity to play a role in shaping the new nation. Then the ratifying conventions chosen by "We the People" scrutinized and debated the Constitution clause by clause.Although many books have been written about the Constitutional Convention, this is the first major history of ratification. It draws on a vast new collection of documents and tells the story with masterful attention to detail in a dynamic narrative. Each state’s experience was different, and Maier gives each its due even as she focuses on the four critical states of Pennsylvania, Massachusetts, Virginia, and New York, whose approval of the Constitution was crucial to its success.The New Yorker Gilbert Livingston called his participation in the ratification convention the greatest transaction of his life. The hundreds of delegates to the ratifying conventions took their responsibility seriously, and their careful inspection of the Constitution can tell us much today about a document whose meaning continues to be subject to interpretation. Ratification is the story of the founding drama of our nation, superbly told in a history that transports readers back more than two centuries to reveal the convictions and aspirations on which our country was built.

Our Kids: The American Dream in Crisis


Robert D. Putnam - 2015
    This is the America we believe in a nation of opportunity, constrained only by ability and effort. But during the last twenty-five years we have seen a disturbing opportunity gap emerge. Americans have always believed in equality of opportunity, the idea that all kids, regardless of their family background, should have a decent chance to improve their lot in life. Now, this central tenet of the American dream seems no longer true or at the least, much less true than it was. Robert Putnam about whom The Economist said, "His scholarship is wide-ranging, his intelligence luminous, his tone modest, his prose unpretentious and frequently funny," offers a personal but also authoritative look at this new American crisis. Putnam begins with his high school class of 1959 in Port Clinton, Ohio. By and large the vast majority of those students "our kids" went on to lives better than those of their parents. But their children and grandchildren have had harder lives amid diminishing prospects. Putnam tells the tale of lessening opportunity through poignant life stories of rich and poor kids from cities and suburbs across the country, drawing on a formidable body of research done especially for this book. Our Kids is a rare combination of individual testimony and rigorous evidence. Putnam provides a disturbing account of the American dream that should initiate a deep examination of the future of our country.

The Brethren: Inside the Supreme Court


Bob Woodward - 1979
    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.

The Mueller Report


Robert S. Mueller III - 2019
    This investigation includes any possible links or coordination between Donald Trump's presidential campaign and the Russian government, "and any matters that arose or may arise directly from the investigation." The scope of the investigation reportedly includes potential obstruction of justice by Trump and others. The investigation, since it began on May 17, 2017, has been conducted by the United States Department of Justice Special Counsel's Office, headed by Robert Mueller, a Republican and former Director of the Federal Bureau of Investigation (FBI). This book chronicles the legal actions Mueller has taken against Trumps associates in the 2016 Presidential Elections.

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.

The U.S. Constitution: And Fascinating Facts about It


Terry L. Jordan - 1998
    This book also presents insights into the men who wrote the Constitution, how it was created, and how the Supreme Court has interpreted the Constitution in the two centuries since its creation.

Second Treatise of Government


John Locke - 1689
    The principles of individual liberty, the rule of law, government by consent of the people, and the right to private property are taken for granted as fundamental to the human condition now. Most liberal theorists writing today look back to Locke as the source of their ideas. Some maintain that religious fundamentalism, "post-modernism," and socialism are today the only remaining ideological threats to liberalism. To the extent that this is true, these ideologies are ultimately attacks on the ideas that Locke, arguably more than any other, helped to make the universal vocabulary of political discourse.

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 Know Your Bill of Rights Book: Don't Lose Your Constitutional Rights--Learn Them!


Sean Patrick - 2012
    The eloquent style in which it’s written can be confusing. The language can cause misunderstandings. There’s a lot of legal terminology that’s beyond most of us. Without an understanding of the historical background of certain amendments, it’s impossible to fully understand their importance and scope. And to top it all off, there are countless politicians and pundits that try to interpret our rights for us and tell us what the Founders meant.But are you comfortable letting crooked politicians decide what your rights are? Or would you rather know and be able to insist on, with certainty, the freedoms our Founders intended for you, your family, your friends, and your fellow Americans? If you’re like millions of other Americans, you’ll choose the latter.Thomas Jefferson said, “Educate and inform the whole mass of the people…They are the only sure reliance for the preservation of our liberty.” He also said, “If a nation expects to be ignorant and free… it expects what never was and never will be.”That's why this book was created, and it would make the Founders proud if they were here today. This book helps you easily reach a deep understanding of the Bill of Rights by walking you through each amendment, clarifying the precise definitions of key words; providing the historical context you need to fully grasp and spirit and importance of the amendments; sharing powerfully insightful quotes on each amendment, straight from the Founders and their peers; supplying you with an extensive glossary of terms so you never get lost in a dictionary or encyclopedia trying to understand what you’re reading; and more.The Founders fought tirelessly to guarantee you specific rights to life, liberty, and the pursuit of happiness. Don’t let two-faced politicians and pundits tell you what your rights are. Scroll up and click the "Buy" button now to learn your rights, and together, we can keep the spirit of freedom alive in this great nation.

Miracle at Philadelphia: The Story of the Constitutional Convention, May to September 1787


Catherine Drinker Bowen - 1966
    Bowen evokes it as if the reader were actually there, mingling with the delegates, hearing their arguments, witnessing a dramatic moment in history.Here is the fascinating record of the hot, sultry summer months of debate and decision when ideas clashed and tempers flared. Here is the country as it was then, described by contemporaries, by Berkshire farmers in Massachusetts, by Patrick Henry's Kentucky allies, by French and English travelers. Here, too, are the offstage voices--Thomas Jefferson and Tom Paine and John Adams from Europe. In all, fifty-five men attended; and in spite of the heat, in spite of clashing interests--the big states against the little, the slave states against the anti-slave states--in tension and anxiety that mounted week after week, they wrote out a working plan of government and put their signatures to it.