Book picks similar to
The Case Against the Supreme Court by Erwin Chemerinsky
law
non-fiction
politics
history
Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court
Jan Crawford Greenburg - 2007
From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court—a revelatory look at one of the central fronts of America's culture wars by one of the most widely respected experts on the subject.
The Federalist Papers
Alexander Hamilton - 1788
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.
Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue
Melvin I. Urofsky - 2015
Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States. Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954). Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned. Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since. Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so.(With black-and-white illustrations throughout.)
Failed States: The Abuse of Power and the Assault on Democracy
Noam Chomsky - 2006
سیاست امروز
Dark Money: The Hidden History of the Billionaires Behind the Rise of the Radical Right
Jane Mayer - 2016
But as Jane Mayer shows in this powerful, meticulously reported history, a network of exceedingly wealthy people with extreme libertarian views bankrolled a systematic, step-by-step plan to fundamentally alter the American political system.The network has brought together some of the richest people on the planet. Their core beliefs—that taxes are a form of tyranny; that government oversight of business is an assault on freedom—are sincerely held. But these beliefs also advance their personal and corporate interests: Many of their companies have run afoul of federal pollution, worker safety, securities, and tax laws.The chief figures in the network are Charles and David Koch, whose father made his fortune in part by building oil refineries in Stalin’s Russia and Hitler’s Germany. The patriarch later was a founding member of the John Birch Society, whose politics were so radical it believed Dwight Eisenhower was a communist. The brothers were schooled in a political philosophy that asserted the only role of government is to provide security and to enforce property rights.When libertarian ideas proved decidedly unpopular with voters, the Koch brothers and their allies chose another path. If they pooled their vast resources, they could fund an interlocking array of organizations that could work in tandem to influence and ultimately control academic institutions, think tanks, the courts, statehouses, Congress, and, they hoped, the presidency. Richard Mellon Scaife, the mercurial heir to banking and oil fortunes, had the brilliant insight that most of their political activities could be written off as tax-deductible “philanthropy.”These organizations were given innocuous names such as Americans for Prosperity. Funding sources were hidden whenever possible. This process reached its apotheosis with the allegedly populist Tea Party movement, abetted mightily by the Citizens United decision—a case conceived of by legal advocates funded by the network.The political operatives the network employs are disciplined, smart, and at times ruthless. Mayer documents instances in which people affiliated with these groups hired private detectives to impugn whistle-blowers, journalists, and even government investigators. And their efforts have been remarkably successful. Libertarian views on taxes and regulation, once far outside the mainstream and still rejected by most Americans, are ascendant in the majority of state governments, the Supreme Court, and Congress. Meaningful environmental, labor, finance, and tax reforms have been stymied.Jane Mayer spent five years conducting hundreds of interviews-including with several sources within the network-and scoured public records, private papers, and court proceedings in reporting this book. In a taut and utterly convincing narrative, she traces the byzantine trail of the billions of dollars spent by the network and provides vivid portraits of the colorful figures behind the new American oligarchy.Dark Money is a book that must be read by anyone who cares about the future of American democracy.
Collision 2012: Obama vs. Romney and the Future of Elections in America
Dan Balz - 2013
Today, he finds himself in another bitter, divisive presidential race but without the buzzwords. Instead, an embattled president struggles with a dysfunctionally divided Congress, the controversial healthcare bill, a decade-long war, and a stagnant economy. Obama’s Republican challenger, Mitt Romney, former corporate tycoon and former governor of Massachusetts, faces his own controversies in the form of vague policies, fluctuating positions, and questions about his business practices in the private sector. Romney’s personal fortune and business background seemed at odds with the Republican base until he named Wisconsin congressman, Tea Party darling and fiscal conservative Paul Ryan as his running mate. Using sources deep inside both campaigns and on the campaign trail through primary and battleground states, Washington Post correspondent Dan Balz writes with a keen political mind and a seasoned reporter’s ear. He traces the highs and lows of the Obama presidency as well as the ruthless Republican primary as both laid the groundwork for one of the most crucial, contentious elections of our time. Collision 2012 puts the race for the White House in context and explores just what the election means for the future of the democratic process and America.
The Court and the World: American Law and the New Global Realities
Stephen G. Breyer - 2015
It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.From the Hardcover edition.
American Dialogue: The Founders and Us
Joseph J. Ellis - 2018
Ellis focuses the conversation on the often-asked question "What would the Founding Fathers think?" He examines four of our most seminal historical figures through the prism of particular topics, using the perspective of the present to shed light on their views and, in turn, to make clear how their now centuries-old ideas illuminate the disturbing impasse of today's political conflicts. He discusses Jefferson and the issue of racism, Adams and the specter of economic inequality, Washington and American imperialism, Madison and the doctrine of original intent. Through these juxtapositions--and in his hallmark dramatic and compelling narrative voice--Ellis illuminates the obstacles and pitfalls paralyzing contemporary discussions of these fundamentally important issues.8 Hours and 30 Minutes
The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives
Jesse Eisinger - 2017
The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek).Jesse Eisigner begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives.“Brave and elegant….a fearless reporter…Eisinger’s important and profound book takes no prisoners (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).
The Prosecution of George W. Bush for Murder
Vincent Bugliosi - 2008
Bush for Murder, Bugliosi presents a tight, meticulously researched legal case that puts George W. Bush on trial in an American courtroom for the murder of nearly 4,000 American soldiers fighting the war in Iraq. Bugliosi sets forth the legal architecture and incontrovertible evidence that President Bush took this nation to war in Iraq under false pretenses—a war that has not only caused the deaths of American soldiers but also over 100,000 innocent Iraqi men, women, and children; cost the United States over one trillion dollars thus far with no end in sight; and alienated many American allies in the Western world.As a prosecutor who is dedicated to seeking justice, Bugliosi, in his inimitable style, delivers a non-partisan argument, free from party lines and instead based upon hard facts and pure objectivity.A searing indictment of the President and his administration, The Prosecution of George W. Bush for Murder also outlines a legally credible pathway to holding our highest government officials accountable for their actions, thereby creating a framework for future occupants of the oval office.Vincent Bugliosi calls for the United States of America to return to the great nation it once was and can be again. He believes the first step to achieving this goal is to bring those responsible for the war in Iraq to justice.
The Gatekeepers: How the White House Chiefs of Staff Define Every Presidency
Chris Whipple - 2017
The chiefs of staff, often referred to as "the gatekeepers," wield tremendous power in Washington and beyond; they decide who is allowed to see the president, negotiate with Congress to push POTUS's agenda, and--most crucially--enjoy unparalleled access to the leader of the free world. Each chief can make or break an administration, and each president reveals himself by the chief he picks.Through extensive, intimate interviews with all seventeen living chiefs and two former presidents, award-winning journalist and producer Chris Whipple pulls back the curtain on this unique fraternity. In doing so, he revises our understanding of presidential history, showing us how James Baker's expert managing of the White House, the press, and Capitol Hill paved the way for the Reagan Revolution--and, conversely, how Watergate, the Iraq War, and even the bungled Obamacare rollout might have been prevented by a more effective chief.Filled with shrewd analysis and never-before-reported details, The Gatekeepers offers an essential portrait of the toughest job in Washington.
Storming the Court: How a Band of Yale Law Students Sued the President--And Won
Brandt Goldstein - 2005
"Storming the Court" takes readers inside this modern-day atrocity to tell the tale of Yvonne Pascal -- a young, charismatic activist -- and other Haitian refugees who had fled their violent homeland only to end up prisoners at Guantanamo. They had no lawyers, no contact with the outside world, and no hope...except for a band of students at Yale Law School fifteen hundred miles away.Led by Harold Koh, a gifted but untested law professor, these remarkable twentysomethings waged a legal war against two U.S. presidents to defend the Constitution and the principles symbolized by the Statue of Liberty. It was an education in law unlike any other. With the refugees' lives at stake, the students threw aside classes and career plans to fight an army of government attorneys in a case so politically volatile that the White House itself intervened in the legal strategy.Featuring a real-life cast that includes Kenneth Starr and other top Justice Department officials, U.S. marines, radical human-rights lawyers, and Presidents George H. W. Bush and Bill Clinton, "Storming the Court" follows the students from the classrooms at Yale to the prison camp at Guantanamo to the federal courts in NewYork and Washington as they struggle to save Yvonne Pascal and her fellow Haitian refugees.At a time when the treatment of post-9/11 Guantanamo detainees has been challenged in the public arena and the courts, this book traces the origins of the legal battle over America's use of the naval base as a prison and illuminates the troubling ways that politics can influence legal decisions. Above all, though, "Storming the Court" is the David-and-Goliath story of a group of passionate law students who took on their government in the name of the greatest of American values: freedom.
Peril
Bob Woodward - 2021
Trump to President Joseph R. Biden Jr. stands as one of the most dangerous periods in American history.But as # 1 internationally bestselling author Bob Woodward and acclaimed reporter Robert Costa reveal for the first time, it was far more than just a domestic political crisis.Woodward and Costa interviewed more than 200 people at the center of the turmoil, resulting in more than 6,000 pages of transcripts—and a spellbinding and definitive portrait of a nation on the brink.This classic study of Washington takes readers deep inside the Trump White House, the Biden White House, the 2020 campaign, and the Pentagon and Congress, with vivid, eyewitness accounts of what really happened.Peril is supplemented throughout with never-before-seen material from secret orders, transcripts of confidential calls, diaries, emails, meeting notes and other personal and government records, making for an unparalleled history.It is also the first inside look at Biden’s presidency as he faces the challenges of a lifetime: the continuing deadly pandemic and millions of Americans facing soul-crushing economic pain, all the while navigating a bitter and disabling partisan divide, a world rife with threats, and the hovering, dark shadow of the former president.“We have much to do in this winter of peril,” Biden declared at his inauguration, an event marked by a nerve-wracking security alert and the threat of domestic terrorism.Peril is the extraordinary story of the end of one presidency and the beginning of another, and represents the culmination of Bob Woodward’s news-making trilogy on the Trump presidency, along with Fear and Rage. And it is the beginning of a collaboration with fellow Washington Post reporter Robert Costa that will remind readers of Woodward’s coverage, with Carl Bernstein, of President Richard M. Nixon’s final days.
You Have the Right to Remain Innocent
James Duane - 2016
Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police—especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it’s also the advice law-enforcement professionals give their own kids.Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
Listen, Liberal: Or, What Ever Happened to the Party of the People
Thomas Frank - 2016
Drawing on years of research and first-hand reporting, Frank points out that the Democrats have done little to advance traditional liberal goals: expanding opportunity, fighting for social justice, and ensuring that workers get a fair deal. Indeed, they have scarcely dented the free-market consensus at all. This is not for lack of opportunity: Democrats have occupied the White House for sixteen of the last twenty-four years, and yet the decline of the middle class has only accelerated. Wall Street gets its bailouts, wages keep falling, and the free-trade deals keep coming.With his trademark sardonic wit and lacerating logic, Frank's Listen, Liberal lays bare the essence of the Democratic Party's philosophy and how it has changed over the years. A form of corporate and cultural elitism has largely eclipsed the party's old working-class commitment, he finds. For certain favored groups, this has meant prosperity. But for the nation as a whole, it is a one-way ticket into the abyss of inequality. In this critical election year, Frank recalls the Democrats to their historic goals-the only way to reverse the ever-deepening rift between the rich and the poor in America.