The Second Founding: How the Civil War and Reconstruction Remade the Constitution


Eric Foner - 2019
    The Reconstruction amendments abolished slavery, guaranteed due process and the equal protection of the law, and equipped black men with the right to vote. The federal government, not the states, was put in charge of enforcement. By grafting the principle of equality onto the Constitution, the amendments marked the second founding of the United States.Eric Foner’s rich, insightful history conveys the dramatic origins of these revolutionary amendments in citizen meetings and political negotiations. He explores the momentous court decisions that then narrowed and even nullified the rights guaranteed in these amendments. Today, issues of birthright citizenship, voting rights, due process, and equal protection are still in dispute, the ideal of equality yet to be achieved.

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 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 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.

A Colony in a Nation


Christopher L. Hayes - 2017
    With the clarity and originality that distinguished his prescient bestseller, Twilight of the Elites, Chris Hayes upends our national conversation on policing and democracy in a book of wide-ranging historical, social, and political analysis.Hayes contends our country has fractured in two: the Colony and the Nation. In the Nation, we venerate the law. In the Colony, we obsess over order, fear trumps civil rights, and aggressive policing resembles occupation. A Colony in a Nation explains how a country founded on justice now looks like something uncomfortably close to a police state. How and why did Americans build a system where conditions in Ferguson and West Baltimore mirror those that sparked the American Revolution?A Colony in a Nation examines the surge in crime that began in the 1960s and peaked in the 1990s, and the unprecedented decline that followed. Drawing on close-hand reporting at flashpoints of racial conflict, as well as deeply personal experiences with policing, Hayes explores cultural touchstones, from the influential “broken windows” theory to the “squeegee men” of late-1980s Manhattan, to show how fear causes us to make dangerous and unfortunate choices, both in our society and at the personal level. With great empathy, he seeks to understand the challenges of policing communities haunted by the omnipresent threat of guns. Most important, he shows that a more democratic and sympathetic justice system already exists―in a place we least suspect.A Colony in a Nation is an essential book―searing and insightful―that will reframe our thinking about law and order in the years to come.

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.

The Color of Law: A Forgotten History of How Our Government Segregated America


Richard Rothstein - 2017
    Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day.Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north.As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods.The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.

Give Us the Ballot: The Modern Struggle for Voting Rights in America


Ari Berman - 2015
    The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional.Berman brings the struggle over voting rights to life through meticulous archival research, in-depth interviews with major figures in the debate, and incisive on-the-ground reporting. In vivid prose, he takes the reader from the demonstrations of the civil rights era to the halls of Congress to the chambers of the Supreme Court. At this important moment in history, Give Us the Ballot provides new insight into one of the most vital political and civil rights issues of our time.A National Book Critics Circle Award Finalist, NonfictionA New York Times Notable Book of 2015A Washington Post Notable Nonfiction Book of 2015A Boston Globe Best Book of 2015A Kirkus Reviews Best Nonfiction Book of 2015An NPR Best Book of 2015Countless books have been written about the civil rights movement, but far less attention has been paid to what happened after the dramatic passage of the Voting Rights Act (VRA) in 1965 and the turbulent forces it unleashed. Give Us the Ballot tells this story for the first time.

Robert E. Lee and Me: A Southerner's Reckoning with the Myth of the Lost Cause


Ty Seidule - 2021
    Lee and Me challenges the myths and lies of the Confederate legacy—and explores why some of this country’s oldest wounds have never healed.Ty Seidule grew up revering Robert E. Lee. From his southern childhood to his service in the U.S. Army, every part of his life reinforced the Lost Cause myth: that Lee was the greatest man who ever lived, and that the Confederates were underdogs who lost the Civil War with honor. Now, as a retired brigadier general and Professor Emeritus of History at West Point, his view has radically changed. From a soldier, a scholar, and a southerner, Ty Seidule believes that American history demands a reckoning.In a unique blend of history and reflection, Seidule deconstructs the truth about the Confederacy—that its undisputed primary goal was the subjugation and enslavement of Black Americans—and directly challenges the idea of honoring those who labored to preserve that system and committed treason in their failed attempt to achieve it. Through the arc of Seidule’s own life, as well as the culture that formed him, he seeks a path to understanding why the facts of the Civil War have remained buried beneath layers of myth and even outright lies—and how they embody a cultural gulf that separates millions of Americans to this day.Part history lecture, part meditation on the Civil War and its fallout, and part memoir, Robert E. Lee and Me challenges the deeply-held legends and myths of the Confederacy—and provides a surprising interpretation of essential truths that our country still has a difficult time articulating and accepting.

American Uprising: The Untold Story of America's Largest Slave Revolt


Daniel Rasmussen - 2010
    [Rasmussen’s] scholarly detective work reveals a fascinating narrative of slavery and resistance, but it also tells us something about history itself—about how fiction can become fact, and how ‘history’ is sometimes nothing more than erasure.” —Henry Louis Gates, Jr.“Deeply researched, vividly written, and highly original.” —Eric FonerHistorian Daniel Rasmussen reveals the long-forgotten history of America’s largest slave uprising, the New Orleans slave revolt of 1811. In an epic, illuminating narrative, Rasmussen offers new insight into American expansionism, the path to Civil War, and the earliest grassroots push to overcome slavery.

In the Shadow of Statues: A White Southerner Confronts History


Mitch Landrieu - 2018
    A passionate, personal, urgent book from the man who sparked a national debate."There is a difference between remembrance of history and reverence for it." When Mitch Landrieu addressed the people of New Orleans in May 2017 about his decision to take down four Confederate monuments, including the statue of Robert E. Lee, he struck a nerve nationally, and his speech has now been heard or seen by millions across the country. In his first book, Mayor Landrieu discusses his personal journey on race as well as the path he took to making the decision to remove the monuments, tackles the broader history of slavery, race and institutional inequities that still bedevil America, and traces his personal relationship to this history. His father, as state senator and mayor, was a huge force in the integration of New Orleans in the 1960s and 19070s. Landrieu grew up with a progressive education in one of the nation's most racially divided cities, but even he had to relearn Southern history as it really happened.Equal parts unblinking memoir, history, and prescription for finally confronting America's most painful legacy, In the Shadow of Statues will contribute strongly to the national conversation about race in the age of Donald Trump, at a time when racism is resurgent with seemingly tacit approval from the highest levels of government and when too many Americans have a misplaced nostalgia for a time and place that never existed.

Midnight Rising: John Brown and the Raid That Sparked the Civil War


Tony Horwitz - 2011
    history. But few Americans know the true story of the men and women who launched a desperate strike at the slaveholding South. Now, Midnight Rising portrays Brown's uprising in vivid color, revealing a country on the brink of explosive conflict.Brown, the descendant of New England Puritans, saw slavery as a sin against America's founding principles. Unlike most abolitionists, he was willing to take up arms, and in 1859 he prepared for battle at a hideout in Maryland, joined by his teenage daughter, three of his sons, and a guerrilla band that included former slaves and a dashing spy. On October 17, the raiders seized Harpers Ferry, stunning the nation and prompting a counterattack led by Robert E. Lee. After Brown's capture, his defiant eloquence galvanized the North and appalled the South, which considered Brown a terrorist. The raid also helped elect Abraham Lincoln, who later began to fulfill Brown's dream with the Emancipation Proclamation, a measure he called "a John Brown raid, on a gigantic scale."Tony Horwitz's riveting book travels antebellum America to deliver both a taut historical drama and a telling portrait of a nation divided—a time that still resonates in ours.

Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow


Henry Louis Gates Jr. - 2019
    . . . In our current politics we recognize African-American history--the spot under our country's rug where the terrorism and injustices of white supremacy are habitually swept. Stony the Road lifts the rug. --Nell Irvin Painter, New York Times Book Review A profound new rendering of the struggle by African-Americans for equality after the Civil War and the violent counter-revolution that resubjugated them, as seen through the prism of the war of images and ideas that have left an enduring racist stain on the American mind.The abolition of slavery in the aftermath of the Civil War is a familiar story, as is the civil rights revolution that transformed the nation after World War II. But the century in between remains a mystery: if emancipation sparked a new birth of freedom in Lincoln's America, why was it necessary to march in Martin Luther King, Jr.'s America? In this new book, Henry Louis Gates, Jr., one of our leading chroniclers of the African-American experience, seeks to answer that question in a history that moves from the Reconstruction Era to the nadir of the African-American experience under Jim Crow, through to World War I and the Harlem Renaissance.Through his close reading of the visual culture of this tragic era, Gates reveals the many faces of Jim Crow and how, together, they reinforced a stark color line between white and black Americans. Bringing a lifetime of wisdom to bear as a scholar, filmmaker, and public intellectual, Gates uncovers the roots of structural racism in our own time, while showing how African Americans after slavery combatted it by articulating a vision of a New Negro to force the nation to recognize their humanity and unique contributions to America as it hurtled toward the modern age.The story Gates tells begins with great hope, with the Emancipation Proclamation, Union victory, and the liberation of nearly 4 million enslaved African-Americans. Until 1877, the federal government, goaded by the activism of Frederick Douglass and many others, tried at various turns to sustain their new rights. But the terror unleashed by white paramilitary groups in the former Confederacy, combined with deteriorating economic conditions and a loss of Northern will, restored home rule to the South. The retreat from Reconstruction was followed by one of the most violent periods in our history, with thousands of black people murdered or lynched and many more afflicted by the degrading impositions of Jim Crow segregation.An essential tour through one of America's fundamental historical tragedies, Stony the Road is also a story of heroic resistance, as figures such as W. E. B. Du Bois and Ida B. Wells fought to create a counter-narrative, and culture, inside the lion's mouth. As sobering as this tale is, it also has within it the inspiration that comes with encountering the hopes our ancestors advanced against the longest odds.

1861: The Civil War Awakening


Adam Goodheart - 2011
    Early in that fateful year, a second American revolution unfolded, inspiring a new generation to reject their parents’ faith in compromise and appeasement, to do the unthinkable in the name of an ideal. It set Abraham Lincoln on the path to greatness and millions of slaves on the road to freedom.The book introduces us to a heretofore little-known cast of Civil War heroes—among them an acrobatic militia colonel, an explorer’s wife, an idealistic band of German immigrants, a regiment of New York City firemen, a community of Virginia slaves, and a young college professor who would one day become president. Adam Goodheart takes us from the corridors of the White House to the slums of Manhattan, from the mouth of the Chesapeake to the deserts of Nevada, from Boston Common to Alcatraz Island, vividly evoking the Union at this moment of ultimate crisis and decision.

The Summer of 1787: The Men Who Invented the Constitution


David O. Stewart - 2007
    The Summer of 1787 takes us into the sweltering room in which delegates struggled for four months to produce the flawed but enduring document that would define the nation -- then and now. George Washington presided, James Madison kept the notes, Benjamin Franklin offered wisdom and humor at crucial times. The Summer of 1787 traces the struggles within the Philadelphia Convention as the delegates hammered out the charter for the world's first constitutional democracy. Relying on the words of the delegates themselves to explore the Convention's sharp conflicts and hard bargaining, David O. Stewart lays out the passions and contradictions of the often painful process of writing the Constitution. It was a desperate balancing act. Revolutionary principles required that the people have power, but could the people be trusted? Would a stronger central government leave room for the states? Would the small states accept a Congress in which seats were alloted according to population rather than to each sovereign state? And what of slavery? The supercharged debates over America's original sin led to the most creative and most disappointing political deals of the Convention. The room was crowded with colorful and passionate characters, some known -- Alexander Hamilton, Gouverneur Morris, Edmund Randolph -- and others largely forgotten. At different points during that sultry summer, more than half of the delegates threatened to walk out, and some actually did, but Washington's quiet leadership and the delegates' inspired compromises held the Convention together. In a country continually arguing over the document's original intent, it is fascinating to watch these powerful characters struggle toward consensus -- often reluctantly -- to write a flawed but living and breathing document that could evolve with the nation.