The Living Constitution


David A. Strauss - 2010
    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.

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.

A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution


Peter Irons - 1999
    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.

Two Years on the Alabama


Arthur Sinclair - 1989
    Alabama was the terror of the Atlantic Ocean. Built in secrecy in Liverpool, England, through the arrangement of Confederate agent Commander James Bulloch, it was built for the fledgling Confederate States Navy which was sorely in need of ships. Under the command of Raphael Semmes it would spend the next two years terrorising and attacking Union shipping to help the Confederacy break the stranglehold which it found itself in. Through these two years it completed seven highly successful expeditionary raids, and it had been at sea for 534 days out of 657, never visiting a single Confederate port. They boarded nearly 450 vessels, captured or burned 65 Union merchant ships, and took more than 2,000 prisoners without a single loss of life from either prisoners or their own crew. Fifth Lieutenant Arthur Sinclair, who served under Semmes on the Alabama for the entirety of its existence, documents a fascinating first-person account of life on board this Confederate raider. As they crisscrossed over the oceans Sinclair notes the ships they attacked, prisoners they took and various places they visited, from Brazil to South Africa. Powered by both sail and steam, the Alabama was one of the quickest ships of its era, reaching speeds of over 13 knots. But in the quest for speed there had been sacrifices, notably the lack of heavy armor-cladding and larger guns, which were to prove fatal during the Battle of Cherbourg in 1864 against the U.S.S. Kearsage. Two Years on the Alabama is an excellent account of naval operations of the confederacy during the American Civil War. It provides brilliant details into the revolutionary changes that were occurring in late-nineteenth century maritime developments. After the Alabama was sunk Sinclair was rescued by the English yacht Deerhound and taken to Southampton. He later served as an officer of the inactive cruiser CSS Rappahannock at Calais, France. Following the Civil War, he primarily lived in Baltimore, Maryland, where he was a merchant. In 1896 he published Two Years on the Alabama. Arthur Sinclair died in Baltimore in November 1925.

The Lincoln Story Book A Judicious Collection of the Best Stories and Anecdotes of the Great President, Many Appearing Here for the First Time in Book Form


Henry Llewellyn Williams - 2005
    You may find it for free on the web. Purchase of the Kindle edition includes wireless delivery.

The Burger Court and the Rise of the Judicial Right


Michael J. Graetz - 2016
    It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review).When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).

The Civil War: The War That Divided The United States


Lance T. Stewart - 2016
    Why did the southern states secede from the Union? What did the north hope to achieve by fighting against the south? Was Abraham Lincoln really an abolitionist? Why is Ulysses S. Grant the most famous Union general, when he didn’t take command of all the Union armies until near the very end of the war? How did Robert E. Lee end up having to deal with issues left unresolved by George Washington’s will, and was he a hero or a traitor?This book provides an exhaustive summary, not just of the major battles and major personalities of the Civil War, but of the political issues that brought the United States to the point of a terrible internal conflict. You’ll learn how the founding fathers predicted a great national conflict over slavery, and how Thomas Jefferson’s political philosophies influenced secessionist thinking in the south. From the history of the abolitionist movement to the election of 1860 and the creation of the Republican party, this book will give you all the facts you need to understand how the Civil War started, why Lincoln was so fed up with his generals, and how the war affects American society today.

Scalia: A Court of One


Bruce Allen Murphy - 2014
    His sterling academic and legal credentials led to his nomination by President Ronald Reagan to the Court of Appeals for the DC Circuit in 1982. In four short years there, he successfully outmaneuvered the more senior Robert Bork to be appointed to the Supreme Court in 1986.Scalia’s evident legal brilliance and personal magnetism led everyone to predict he would unite a new conservative majority under Chief Justice William Rehnquist and change American law in the process. Instead he became a Court of One. Rather than bringing the conservatives together, Scalia drove them apart. He attacked and alienated his more moderate colleagues Sandra Day O’Connor, then David Souter, and finally Anthony Kennedy. Scalia prevented the conservative majority from coalescing for nearly two decades.Scalia: A Court of One is the compelling story of one of the most polarizing figures ever to serve on the nation’s highest court. It provides an insightful analysis of Scalia’s role on a Court that, like him, has moved well to the political right, losing public support and ignoring public criticism. To the delight of his substantial conservative following, Scalia’s “originalism” theory has become the litmus test for analyzing, if not always deciding, cases. But Bruce Allen Murphy shows that Scalia’s judicial conservatism is informed as much by his highly traditional Catholicism, mixed with his political partisanship, as by his reading of the Constitution. Murphy also brilliantly analyzes Scalia’s role in major court decisions since the mid-1980s and scrutinizes the ethical controversies that have dogged Scalia in recent years. A Court of One is a fascinating examination of one outspoken justice’s decision not to play internal Court politics, leaving him frequently in dissent, but instead to play for history, seeking to etch his originalism philosophy into American law.

The Corruption Chronicles: Obama's Big Secrecy, Big Corruption, and Big Government


Tom Fitton - 2012
    president; it was the very cornerstone of his campaign. No secrets. No masks. No smoke and mirrors. No excuses. But over the next four years, President Obama’s administration would prove to be one of the most guarded and duplicitous of our time. Tom Fitton of Judicial Watch, America’s largest nonpartisan government watchdog (challenging George W. Bush as well as Bill Clinton), has been investigating Obama ever since he splashed onto the national scene in 2006. Now Fitton exposes devastating secrets the Obama administration has desperately fought—even in court—to keep from the American public. For a while, the Obama stonewall seemed to be holding. Until now. And the revelations are astonishing. Judicial Watch has unearthed the truth behind such high-profile issues as the bailouts, Obamacare, Guantanamo, Obama’s true ties to Bill Ayers and to the Black Panthers voting intimidation scandal, and the Constitution-defying government czars. He reveals Obama’s personal war against FOX News, his real link to ACORN, and his radical Chicago connections. Through scores of smoking-gun government files, some replicated here and many unearthed after lengthy court battles, Fitton also discloses the facts of the Obama-backed $535-million loan guarantee to Solyndra, promoted by the president as a model for economic recovery—only months before its disastrous bankruptcy filing. Here too is the truth behind the gunrunning scandal, code-named Fast and Furious, which was a program generated in secrecy by the U.S. government that supplied thousands of firearms to murderous criminals in Mexico—an unconscionable act, and only one in a series of historical lows for an administration that few, if any, major media in this country dare to expose. This book details how the Obama machine is aggressively employing Chicago-style tactics to steal, if necessary, the 2012 elections. And how Judicial Watch is prepared to go to court with historic lawsuits to make sure the elections are fair and honest. Why do Obama supporters turn a blind eye to his astoundingly unethical and abusive approach to governing this country? The Corruption Chronicles boldly, honestly, and factually makes the case that the federal government is now off the rails and out of control, and has literally built its foundation on broken promises, fatal miscalculations, and a cynical manipulation of its trusting public. But it’s not over. Tom Fitton and Judicial Watch are proof that the Tea Party approach to government corruption can make a difference. A grassroots group can take on the president, the Congress, and the judiciary, and finally force the government to be held accountable. The uncontestable facts are here, in The Corruption Chronicles. To see what is true, you only have to look.  THE FULLY DOCUMENTED FACTS BEHIND: • The Solyndra Debacle • Obama’s Watergate: Operation Fast and Furious • The Obama Administration’s $20 Billion Government Extortion Scheme • The Unprecedented Threat to the Integrity of the 2012 Elections • The Czar Investigation Stonewall • The Undermining of Our Nation’s Immigration Laws • 9/11 Secrets

Chief Justice: A Biography of Earl Warren


Ed Cray - 1997
    Warren Court decisions such as Brown v. Board of Education, Miranda, and Baker v. Carr have given us such famous phrases as "separate is not equal, " "read him his rights, " and "one-man-one-vote" - and have vastly expanded civil rights and personal liberties. A generation later the Warren Court's decisions still define American freedoms. Ed Cray recounts this truly American story in the finest and most comprehensive biography of Earl Warren. He has interviewed nearly all of the Chief's law clerks, four of his children, and more than one hundred others, many of whom recall for the first time their years with Warren. He has read thousands of personal letters and official documents deposited in ten libraries across the country, weaving them into a tale of political intrigue, judicial politics, family reminiscences, and a loving marriage.

All the Laws but One: Civil Liberties in Wartime


William H. Rehnquist - 1998
    Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.

The American Supreme Court (The Chicago History of American Civilization)


Robert G. McCloskey - 1960
    McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. In this fourth edition, Sanford Levinson extends McCloskey's magisterial treatment to address the Court's most recent decisions, including its controversial ruling in Bush v. Gore and its expansion of sexual privacy in Lawrence v. Texas. The book's chronology of important Supreme Court decisions and itsannotated bibliographical essay have also been updated.As in previous editions, McCloskey's original text remains unchanged. He argues that the Court's strength has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. Levinson's two new chapters show how McCloskey's approach continues to illuminate recent developments, such as the Court's seeming return to its pre-1937 role as "umpire" of the federal system. It is in Bush v. Gore, however, where the implications of McCloskey's interpretation stand out most clearly.The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to its past, present, and future prospects of this institution.

George Washington: First Guardian Of American Liberty


Michael Crawley - 2016
    But where did he get his military experience? Why was picked to take command of the army? Why was he the only American president ever to be elected unanimously (twice!), and did he really chop down that cherry tree as a kid?In this book entitled George Washington: First Guardian of American Liberty by author Michael Crawley, you'll follow the course of George Washington's life, from his birth at Ferry Farm in Virginia in 1732, to his death at his Mount Vernon estate in 1799. You'll learn how his early fame as a hero of the French and Indian War, and his illustrious marriage to a wealthy widow, led to this farm boy becoming one of the most important men in Virginia, a delegate at the Continental Congress where the Founders of America gathered to decide the nation's fate. The first guardian of American liberty looks serene in his portraits, but he didn't always rise above the fray. Washington fought for what he believed in, and his political convictions shocked contemporaries like Thomas Jefferson. Do you know what kind of country George Washington wanted America to be?

Louis D. Brandeis: American Prophet


Jeffrey Rosen - 2016
    Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.

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.