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.
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.
Defending Identity
Natan Sharansky - 2008
Better to have hostile identities framed by democracy than democrats indifferent to identity.In a vigorous, insightful challenge to the left and right alike, Natan Sharansky, as he has proved repeatedly, is at the leading edge of the issues that frame our times.
The Heritage Guide to the Constitution
Edwin Meese III - 2005
Constitution as never before, including a clause-by-clause analysis of the document, each amendment and relevant court case, and the documents that serve as the foundation of the Constitution.
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.
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.
The Anti-Federalist Papers and the Constitutional Convention Debates
Ralph Louis Ketcham - 1986
Edited and introduced by Ralph Ketcham.
Supreme Whispers: Conversations with Judges of the Supreme Court of India 1980-89
Abhinav Chandrachud - 2018
Based on 114 intriguing interviews with nineteen former chief justices of India and more than sixty-six former judges of the Supreme Court of India, Abhinav Chandrachud opens a window to the life and times of the former judges of India's highest court of law and in the process offers a history that largely remained in oblivion for a long time.
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.
The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom
Robert A. Levy - 2008
In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your right to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; seize your private property, without compensation, when someone uses the property for criminal activity-even if you don't know about it.
The U.S. Constitution: A Reader
Hillsdale College Politics Faculty - 2012
Constitution: A Reader was developed for teaching the core course on the U.S. Constitution at Hillsdale College. Divided into eleven sections with introductions by members of Hillsdale's Politics Department faculty, readings cover the principles of the American founding; the framing and structure of the Constitution; the secession crisis and the Civil War; the Progressive rejection of the Constitution; and the building of the administrative state based on Progressive principles.
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.
American Cause
Russell Kirk - 1957
Russell Kirk, whose life and thought has recently been featured in C-SPAN's acclaimed American Writers series -- intended this little book to be an assertion of the moral and social principles upholding our nation. Kirk's primer is an aid to reflection on those principles -- political, economic, and religious -- that have united Americans when faced with challenges and threats from the enemies of ordered freedom. In this new age of terrorism, Kirk's lucid and straightforward presentation of the articles of American belief is both necessary and welcome. Gleaves Whitney's newly edited version of Kirk's work, combined with his insightful commentary, make The American Cause a timely addition to the literature of liberty.
NOT A BOOK: What the (Bleep) Just Happened?: The Happy Warrior's Guide to the Great American Comeback
NOT A BOOK - 2012
In this funny, fast-paced, razor-sharp, well-reasoned, and supremely savvy critique of the state of our union under the disastrous reign of Barack Obama, bestselling author, Fox News contributor, syndicated columnist, and popular radio host Monica Crowley asks (and answers) the pressing question: What the @$%& has happened to America? “The Happy Warrior’s Guide to the Great American Comeback,” What the (Bleep) Just Happened? doesn’t simply bemoan the trashing of the American economy and the intentional firebombing of America’s international prestige, it offers inspiration and a positive message to conservatives and concerned Americans everywhere that the way to fight back and win is with principle, conviction…and a wicked sense of humor.
Who Controls America
Mark Mullen - 2017
All of the mentioned are just puppets on an invisible string doing the biddings of a few unseen puppeteers. Yes, that’s right. A few elite and undisclosed organizations send our children off to war, restrict the growth of the middle class, and limit educational opportunities for American citizens. The sad truth is this is nothing new. Thomas Jefferson and Benjamin Franklin warned of the dangers and destructive power of these elites if left unchecked. These few unchosen were able, and continue, to use the Federal Reserve Banking System, universities, and war to create economic recessions and depressions that provide unnoticed benefits to a select group of social manipulators. In this stunning new book, Mark Mullen takes us on an intellectual journey through the world of secret partnerships created by unfamiliar ideologues designed to acquire most of the nation’s wealth and power. In Who Controls America, Mullen shines a light on those few elites who place greed, power, and profits above the interests of the American citizen and the pursuit of the American Dream.