We the Corporations: How American Businesses Won Their Civil Rights


Adam Winkler - 2018
    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.

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.

The Supreme Court


William H. Rehnquist - 1987
    Rehnquist’s classic book offers a lively and accessible history of the Supreme Court. His engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall’s dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society. The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings--the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.

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.

Men in Black: How Judges are Destroying America


Mark R. Levin - 2005
    Levin in his explosive book, Men in Black. “But today, our out-of-control Supreme Court imperiously strikes down laws and imposes new ones to suit its own liberal whims––robbing us of our basic freedoms and the values on which our country was founded.” In Men in Black: How the Supreme Court Is Destroying America , Levin exposes countless examples of outrageous Supreme Court abuses, from promoting racism in college admissions, expelling God and religion from the public square, forcing states to confer benefits on illegal aliens, and endorsing economic socialism to upholding partial-birth abortion, restraining political speech, and anointing terrorists with rights.  Levin writes: “Barely one hundred justices have served on the United States Supreme Court. They’re unelected, they’re virtually unaccountable, they’re largely unknown to most Americans, and they serve for life…in many ways the justices are more powerful than members of Congress and the president.… As few as five justices can and do dictate economic, cultural, criminal, and security policy for the entire nation.” In Men in Black, you will learn: How the Supreme Court protects virtual child pornography and flag burning as forms of free speech but denies teenagers the right to hear an invocation mentioning God at a high school graduation ceremony because it might be “coercive.” How a former Klansman and virulently anti-Catholic Supreme Court justice inserted the words “wall of separation” between church and state in a 1947 Supreme Court decision––a phrase repeated today by those who claim to stand for civil liberty. How Justice Harry Blackmun, a one-time conservative appointee and the author of Roe v. Wade, was influenced by fan mail much like an entertainer or politician, which helped him to evolve into an ardent activist for gay rights and against the death penalty. How the Supreme Court has dictated that illegal aliens have a constitutional right to attend public schools, and that other immigrants qualify for welfare benefits, tuition assistance, and even civil service jobs.

Do Not Ask What Good We Do: Inside the U.S. House of Representatives


Robert Draper - 2012
    House of Representatives—a large, often unruly body of men and women elected every other year from 435 distinct microcosms of America—has achieved renown as “the people’s House,” the world’s most democratic institution, and an acute Rorschach of biennial public passions. In the midterm election year 2010, recession-battered Americans expressed their discontent with a simultaneously overreaching and underperforming government by turning the formerly Democratically controlled House over to the Republicans. Among the new GOP majority were eighty-seven freshmen, many of them political novices with Tea Party backing who pledged a more open, responsive, and fiscally thrifty House. What the 112th Congress instead achieved was a public standing so low—a ghastly 9 percent approval rating— that, as its longest-serving member, John Dingell, would dryly remark, “I think pedophiles would do better.” What happened? Robert Draper explores this question just as he examined the Bush White House in his 2007 New York Times bestselling book Dead Certain: The Presidency of George W. Bush—by burrowing deeply inside the subject, gaining cooperation of the major players, and producing a colorful, unsparingly detailed, but evenhanded narrative of how the House of Representatives became a house of ill repute. Draper’s cast of characters spans the full spectrum of political experience and ideologies—from the Democrat Dingell, a congressman since 1955 (though elbowed out of power by the party’s House leader, Nancy Pelosi), to Allen West, a black Republican Tea Party sensation, former Army lieutenant colonel, and political neophyte with a talent for equal opportunity offending. While unspooling the boisterous, at times tragic, and ultimately infuriating story of the 112th Congress, Draper provides unforgettable portraits of Gabrielle Giffords, the earnest young Arizona congresswoman who was gunned down by a madman at the beginning of the legislative session; Anthony Weiner, the Democrats’ clown prince and self-made media star until the New Yorker self-immolated in a sex scandal; the strong-willed Pelosi and her beleaguered if phlegmatic Republican counterpart, House Speaker John Boehner; the affable majority whip, Kevin McCarthy, tasked with instilling team spirit in the iconoclastic freshmen; and most of all, the previously unknown new members who succeeded in shoving Boehner’s Republican Conference to the far right and thereby bringing the nation, more than once, to the brink of governmental shutdown or economic default. In this lively work of political narrative, Draper synthesizes some of the most talked-about breaking news of the day with the real story of what happened behind the scenes. This book is a timely and masterfully told parable of dysfunction that may well serve as Exhibit A of how Americans lost faith in their democratic institutions. *** “Congress will rise June 1st, as most of us expect. Rejoice when that event is ascertained. If we should finish and leave the world right side up, it will be happy. Do not ask what good we do: that is not a fair question, in these days of faction.” —Congressman Fisher Ames, May 30, 1796 In Do Not Ask What Good We Do, Robert Draper captures the prophetic sentiment uttered by Fisher Ames over two centuries ago. As he did in writing about President George W. Bush in Dead Certain, Draper provides an insider’s book like no one else can—this time, inside the U.S. House of Representatives. Because of the bitterly divided political atmosphere we live in, because of the combative nature of this Congress, this literary window on the backstage machinations of the House is both captivating and timely—revealing the House in full, from the process of how laws are made (and in this case, not made) to the most eye-popping cast of lawmakers Washington has ever seen.

American Exceptionalism: An Experiment in History


Charles A. Murray - 2013
    In American Exceptionalism: An Experiment in History, Charles Murray describes how America's geography, ideology, politics, and daily life set the new nation apart from Europe in the 18th and 19th centuries. He then discusses the ways that exceptionalism changed during America's evolution over the course of the 20th century. Which changes are gains to be applauded? Which are losses to be mourned? Answering these questions is the essential first step in discovering what you want for America's future.

The New New Deal: The Hidden Story of Change in the Obama Era


Michael Grunwald - 2012
    Grunwald’s meticulous reporting shows how the stimulus, though reviled on the right and the left, helped prevent a depression while jump-starting the president’s agenda for lasting change. As ambitious and far-reaching as FDR’s New Deal, the Recovery Act is a down payment on the nation’s economic and environmental future, the purest distillation of change in the Obama era. The stimulus has launched a transition to a clean-energy economy, doubled our renewable power, and financed unprecedented investments in energy efficiency, a smarter grid, electric cars, advanced biofuels, and green manufacturing. It is computerizing America’s pen-and-paper medical system. Its Race to the Top is the boldest education reform in U.S. history. It has put in place the biggest middle-class tax cuts in a generation, the largest research investments ever, and the most extensive infrastructure investments since Eisenhower’s interstate highway system. It includes the largest expansion of antipoverty programs since the Great Society, lifting millions of Americans above the poverty line, reducing homelessness, and modernizing unemployment insurance. Like the first New Deal, Obama’s stimulus has created legacies that last: the world’s largest wind and solar projects, a new battery industry, a fledgling high-speed rail network, and the world’s highest-speed Internet network. Michael Grunwald goes behind the scenes—sitting in on cabinet meetings, as well as recounting the secret strategy sessions where Republicans devised their resistance to Obama—to show how the stimulus was born, how it fueled a resurgence on the right, and how it is changing America. The New New Deal shatters the conventional Washington narrative and it will redefine the way Obama’s first term is perceived.

What the Anti-Federalists Were for: The Political Thought of the Opponents of the Constitution


Herbert J. Storing - 1981
    Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights. Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.

The 5000 Year Leap: A Miracle That Changed the World


W. Cleon Skousen - 1981
    The truth is that the solutions have been available for a long time -- in the writings of our Founding Fathers -- carefully set forth in this timely book.In The 5000 Year Leap: A Miracle That Changed the World, Discover the 28 Principles of Freedom our Founding Fathers said must be understood and perpetuated by every people who desire peace, prosperity, and freedom. Learn how adherence to these beliefs during the past 200 years has brought about more progress than was made in the previous 5000 years. These 28 Principles include The Genius of Natural Law, Virtuous and Moral Leaders, Equal Rights--Not Equal Things, and Avoiding the Burden of Debt. Published by the National Center for Constitut

First: Sandra Day O'Connor


Evan Thomas - 2019
    At a time when women were expected to be homemakers, she set her sights on Stanford University. When she graduated near the top of her class at law school in 1952, no firm would even interview her. But Sandra Day O'Connor's story is that of a woman who repeatedly shattered glass ceilings--doing so with a blend of grace, wisdom, humor, understatement, and cowgirl toughness.She became the first-ever female majority leader of a state senate. As a judge on the Arizona State Court of Appeals, she stood up to corrupt lawyers and humanized the law. When she arrived at the Supreme Court, appointed by Reagan in 1981, she began a quarter-century tenure on the court, hearing cases that ultimately shaped American law. Diagnosed with cancer at fifty-eight, and caring for a husband with Alzheimer's, O'Connor endured every difficulty with grit and poise.Women and men today will be inspired by how to be first in your own life, how to know when to fight and when to walk away, through O'Connor's example. This is a remarkably vivid and personal portrait of a woman who loved her family and believed in serving her country, who, when she became the most powerful woman in America, built a bridge forward for the women who followed her.

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.

Original Meanings: Politics and Ideas in the Making of the Constitution


Jack N. Rakove - 1996
    From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.

The Soul of America: The Battle for Our Better Angels


Jon Meacham - 2018
    Painting surprising portraits of Lincoln and other presidents, including Ulysses S. Grant, Theodore Roosevelt, Woodrow Wilson, Franklin D. Roosevelt, Harry S. Truman, Dwight Eisenhower, and Lyndon B. Johnson, and illuminating the courage of such influential citizen activists as Martin Luther King Jr., early suffragettes Alice Paul and Carrie Chapman Catt, civil rights pioneers Rosa Parks and John Lewis, First Lady Eleanor Roosevelt, and Army-McCarthy hearings lawyer Joseph N. Welch, Meacham brings vividly to life turning points in American history.He writes about the Civil War, Reconstruction, and the birth of the Lost Cause; the backlash against immigrants in the First World War and the resurgence of the Ku Klux Klan in the 1920s; the fight for women's rights; the demagoguery of Huey Long and Father Coughlin and the isolationist work of America First in the years before World War II; the anti-Communist witch hunts led by Senator Joseph McCarthy; and Lyndon Johnson's crusade against Jim Crow. Each of these dramatic hours in our national life have been shaped by the contest to lead the country to look forward rather than back, to assert hope over fear — a struggle that continues even now.While the American story has not always — or even often — been heroic, we have been sustained by a belief in progress even in the gloomiest of times. In this inspiring book, Meacham reassures us, "The good news is that we have come through such darkness before" — as, time and again, Lincoln's better angels have found a way to prevail.

The Supreme Court: The Personalities and Rivalries That Defined America


Jeffrey Rosen - 2007
    The story begins with the great Chief Justice John Marshall and President Thomas Jefferson, cousins from the Virginia elite whose differing visions of America set the tone for the Court's first hundred years. The tale continues after the Civil War with Justices John Marshall Harlan and Oliver Wendell Holmes, who clashed over the limits of majority rule. Rosen then examines the Warren Court era through the lens of the liberal icons Hugo Black and William O. Douglas, for whom personality loomed larger than ideology. He concludes with a pairing from our own era, the conservatives William H. Rehnquist and Antonin Scalia, only one of whom was able to build majorities in support of his views.Through these four rivalries, Rosen brings to life the perennial conflict that has animated the Court--between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He illuminates the relationship between judicial temperament and judicial success or failure. The stakes are nothing less than the future of American jurisprudence.