Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America


Adam Cohen - 2020
    But when Warren announced his retirement in 1968, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with others more loyal to his views. During his six years in office, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years.In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from a pro-corporate agenda. Contrary to what Americans might like to believe, the Court does not protect equally the rights of the poor and disadvantaged, and, in fact, hasn't for decades. Many of the greatest successes of the Warren Court, such as school desegregation, labor unions, voting rights, and class action suits, have been abandoned in favor of rulings that protect privileged Americans who tend to be white, wealthy, and powerful.As the nation comes to grips with two newly Trump-appointed justices, Cohen proves beyond doubt that the trajectory of today's Court is the result of decisions made fifty years ago, decisions that have contributed directly and grievously to our nation's soaring inequality. An triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and should shake to its core any optimistic faith we might have in it to provide checks and balances.

The Lynching: The Epic Courtroom Battle That Brought Down the Klan


Laurence Leamer - 2016
    The young men were members of Klavern 900 of the United Klans of America. They were seeking to retaliate after a largely black jury could not reach a verdict in a trial involving a black man accused of the murder of a white man. The two Klansmen found nineteen-year-old Michael Donald walking home alone. Hays and Knowles abducted him, beat him, cut his throat, and left his body hanging from a tree branch in a racially-mixed residential neighborhood.Arrested, charged, and convicted, Hays was sentenced to death—the first time in nearly a century that the state of Alabama had found a white man guilty of killing a black man. On behalf of Michael’s grieving mother, Morris Dees, the legendary civil rights lawyer and co-founder of the Southern Poverty Law Center, filed a civil suit against the members of the local Klan unit involved and the UKA, the largest Klan organization. Charging them with conspiracy, Dees put the Klan on trial, resulting in a verdict that would level a deadly blow to its organization.Based on countless interviews and extensive archival research, The Lynching brings to life two dramatic trials, during which the Alabama Klan's motives and philosophy were exposed for the evil they represent. In addition to telling a gripping and consequential story, Laurence Leamer chronicles the KKK and its activities in the second half the twentieth century, and illuminates its lingering effect on race relations in America today.

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.

Playing with Fire: The 1968 Election and the Transformation of American Politics


Lawrence O'Donnell - 2017
    Long before Lawrence O'Donnell was the anchor of his own political talk show, he was the Harvard Law-trained political aide to Senator Patrick Moynihan, one of postwar America's wisest political minds. The 1968 election was O'Donnell's own political coming of age, and Playing With Fire represents his master class in American electioneering, as well as an extraordinary human drama that captures a system, and a country, coming apart at the seams in real time. Nothing went to script. LBJ was confident he'd dispatch with Nixon, the GOP frontrunner; Johnson's greatest fear and real nemesis was RFK. But Kennedy and his team, despite their loathing of the president, weren't prepared to challenge their own party's incumbent. Then, out of nowhere, Eugene McCarthy shocked everyone with his disloyalty and threw his hat in the ring. A revolution seemed to be taking place, and LBJ, humiliated and bitter, began to look mortal. Then RFK leapt in, and all hell broke loose. Two assassinations and a week of bloody riots in Chicago around the Democratic Convention later, and the old Democratic Party was a smoldering ruin, and, in the last triumph of old machine politics, Hubert Humphrey stood alone in the wreckage. Suddenly Nixon was the frontrunner, having masterfully maintained a smooth facade behind which he feverishly held his party's right and left wings in the fold through a succession of ruthless maneuvers to see off George Romney, Nelson Rockefeller, Ronald Reagan, and the great outside threat to his new Southern Strategy, the arch-segregationist George Wallace. But then, amazingly, Humphrey began to close, and so, in late October, Nixon pulled off one of the greatest dirty tricks in American political history, an act that may well meet the statutory definition of treason. The tone was set for Watergate and all else that was to follow, all the way through to today.

The Nine: Inside the Secret World of the Supreme Court


Jeffrey Toobin - 2007
    An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

Democracy in Chains: The Deep History of the Radical Right's Stealth Plan for America


Nancy MacLean - 2017
    The capitalist radical right has been working not simply to change who rules, but to fundamentally alter the rules of democratic governance. But billionaires did not launch this movement; a white intellectual in the embattled Jim Crow South did. Democracy in Chains names its true architect—the Nobel Prize-winning political economist James McGill Buchanan—and dissects the operation he and his colleagues designed over six decades to alter every branch of government to disempower the majority.In a brilliant and engrossing narrative, Nancy MacLean shows how Buchanan forged his ideas about government in a last gasp attempt to preserve the white elite’s power in the wake of Brown v. Board of Education. In response to the widening of American democracy, he developed a brilliant, if diabolical, plan to undermine the ability of the majority to use its numbers to level the playing field between the rich and powerful and the rest of us. Corporate donors and their right-wing foundations were only too eager to support Buchanan’s work in teaching others how to divide America into “makers” and “takers.” And when a multibillionaire on a messianic mission to rewrite the social contract of the modern world, Charles Koch, discovered Buchanan, he created a vast, relentless, and multi-armed machine to carry out Buchanan’s strategy. Without Buchanan's ideas and Koch's money, the libertarian right would not have succeeded in its stealth takeover of the Republican Party as a delivery mechanism. Now, with Mike Pence as Vice President, the cause has a longtime loyalist in the White House, not to mention a phalanx of Republicans in the House, the Senate, a majority of state governments, and the courts, all carrying out the plan. That plan includes harsher laws to undermine unions, privatizing everything from schools to health care and Social Security, and keeping as many of us as possible from voting. Based on ten years of unique research, Democracy in Chains tells a chilling story of right-wing academics and big money run amok. This revelatory work of scholarship is also a call to arms to protect the achievements of twentieth-century American self-government.

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.

Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II


Douglas A. Blackmon - 2008
    Blackmon brings to light one of the most shameful chapters in American history—an “Age of Neoslavery” that thrived from the aftermath of the Civil War through the dawn of World War II.Under laws enacted specifically to intimidate blacks, tens of thousands of African Americans were arbitrarily arrested, hit with outrageous fines, and charged for the costs of their own arrests. With no means to pay these ostensible “debts,” prisoners were sold as forced laborers to coal mines, lumber camps, brickyards, railroads, quarries, and farm plantations. Thousands of other African Americans were simply seized by southern landowners and compelled into years of involuntary servitude. Government officials leased falsely imprisoned blacks to small-town entrepreneurs, provincial farmers, and dozens of corporations—including U.S. Steel—looking for cheap and abundant labor. Armies of “free” black men labored without compensation, were repeatedly bought and sold, and were forced through beatings and physical torture to do the bidding of white masters for decades after the official abolition of American slavery.The neoslavery system exploited legal loopholes and federal policies that discouraged prosecution of whites for continuing to hold black workers against their wills. As it poured millions of dollars into southern government treasuries, the new slavery also became a key instrument in the terrorization of African Americans seeking full participation in the U.S. political system.Based on a vast record of original documents and personal narratives, Slavery by Another Name unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude. It also reveals the stories of those who fought unsuccessfully against the re-emergence of human labor trafficking, the modern companies that profited most from neoslavery, and the system’s final demise in the 1940s, partly due to fears of enemy propaganda about American racial abuse at the beginning of World War II.Slavery by Another Name is a moving, sobering account of a little-known crime against African Americans, and the insidious legacy of racism that reverberates today.

To Make Men Free: A History of the Republican Party


Heather Cox Richardson - 2014
    Yet while visionary Republicans like Teddy Roosevelt and Dwight Eisenhower shared Lincoln’s egalitarian dream, their attempts to use government to guard against the concentration of wealth have repeatedly been undone by the country’s moneyed interests and members of their own party. Ronald Reagan’s embrace of big business—and the ensuing financial crisis—is the latest example of this calamitous cycle, but it is by no means the first.In To Make Men Free, celebrated historian Heather Cox Richardson traces the shifting ideology of the Grand Old Party from the antebellum era to the Great Recession, showing how Republicans’ ideological vacillations have had terrible repercussions for minorities, the middle class, and America at large. Expansive and authoritative, To Make Men Free explains how a relatively young party became America’s greatest political hope—and, time and time again, its greatest disappointment.

Fight of the Century: Writers Reflect on 100 Years of Landmark ACLU Cases


Michael ChabonSergio de la Pava - 2020
    A century after its founding, the ACLU remains the nation’s premier defender of the rights and freedoms guaranteed by the Constitution. In collaboration with the ACLU, prize-winning authors Michael Chabon and Ayelet Waldman have curated an anthology of essays about landmark cases in the ACLU’s 100-year history. In Fight of the Century, bestselling and award-winning authors present unique literary takes on historic decisions like Brown v. Board of Education, the Scopes trial, Roe v. Wade, and more. Contributors include Geraldine Brooks, Michael Cunningham, Jennifer Egan, Dave Eggers, Louise Erdrich, Neil Gaiman, Lauren Groff, Marlon James, Viet Thanh Nguyen, Morgan Parker, Ann Patchett, Salman Rushdie, George Saunders, Elizabeth Strout, Jesmyn Ward, Meg Wolitzer, and more. Fight of the Century shows how throughout American history, pivotal legal battles, fought primarily by underdogs and their lawyers, have advanced civil rights and social justice. The ACLU has been integral in this process. The essays range from personal memoir to narrative history, each shedding light on the work of one remarkable organization as it shaped a country. Chabon and Waldman are donating their advance to the ACLU and the contributors are forgoing payment.

The Divide: American Injustice in the Age of the Wealth Gap


Matt Taibbi - 2014
    Crime goes down. The prison population doubles. Fraud by the rich wipes out 40 percent of the world's wealth. The rich get massively richer. No one goes to jail.In search of a solution, journalist Matt Taibbi discovered the Divide, the seam in American life where our two most troubling trends--growing wealth inequality and mass incarceration--come together, driven by a dramatic shift in American citizenship: Our basic rights are now determined by our wealth or poverty. The Divide is what allows massively destructive fraud by the hyperwealthy to go unpunished, while turning poverty itself into a crime--but it's impossible to see until you look at these two alarming trends side by side.

Wilmington's Lie: The Murderous Coup of 1898 and the Rise of White Supremacy


David Zucchino - 2020
    It was a bustling port city with a burgeoning African American middle class and a Fusionist government of Republicans and Populists that included black aldermen, police officers and magistrates. There were successful black-owned businesses and an African American newspaper, The Record. But across the state--and the South--white supremacist Democrats were working to reverse the advances made by former slaves and their progeny.In 1898, in response to a speech calling for white men to rise to the defense of Southern womanhood against the supposed threat of black predators, Alexander Manly, the outspoken young Record editor, wrote that some relationships between black men and white women were consensual. His editorial ignited outrage across the South, with calls to lynch Manly.But North Carolina's white supremacist Democrats had a different strategy. They were plotting to take back the state legislature in November "by the ballot or bullet or both," and then use the Manly editorial to trigger a "race riot" to overthrow Wilmington's multi-racial government. Led by prominent citizens including Josephus Daniels, publisher of the state's largest newspaper, and former Confederate Colonel Alfred Moore Waddell, white supremacists rolled out a carefully orchestrated campaign that included raucous rallies, race-baiting editorials and newspaper cartoons, and sensational, fabricated news stories.With intimidation and violence, the Democrats suppressed the black vote and stuffed ballot boxes (or threw them out), to win control of the state legislature on November eighth. Two days later, more than 2,000 heavily armed Red Shirts swarmed through Wilmington, torching the Record office, terrorizing women and children, and shooting at least sixty black men dead in the streets. The rioters forced city officials to resign at gunpoint and replaced them with mob leaders. Prominent blacks--and sympathetic whites--were banished. Hundreds of terrified black families took refuge in surrounding swamps and forests.This brutal insurrection is a rare instance of a violent overthrow of an elected government in the U.S. It halted gains made by blacks and restored racism as official government policy, cementing white rule for another half century. It was not a "race riot," as the events of November 1898 came to be known, but rather a racially motivated rebellion launched by white supremacists.In Wilmington's Lie, Zucchino uses contemporary newspaper accounts, diaries, letters and official communications to create a gripping and compelling narrative that weaves together individual stories of hate and fear and brutality. This is a dramatic and definitive account of a remarkable but forgotten chapter of American history.

Nixonland: The Rise of a President and the Fracturing of America


Rick Perlstein - 2008
    Perlstein's account begins with the '65 Watts riots, nine months after Johnson's landslide victory over Goldwater appeared to herald a permanent liberal consensus. Yet the next year, scores of liberals were tossed from Congress, America was more divided than ever & a disgraced politician was on his way to a shocking comeback. Between '65 & '72, America experienced a 2nd civil war. From its ashes, today's political world was born. It was the era not only of Nixon, Johnson, Agnew, Humphrey, McGovern, Daley & Geo Wallace but Abbie Hoffman, Ronald Reagan, Angela Davis, Ted Kennedy, Chas Manson, John Lindsay & Jane Fonda. There are glimpses of Jimmy Carter, Geo H.W. Bush, Jesse Jackson, John Kerry & even of two ambitious young men named Karl Rove & Bill Clinton--& an unambitious young man named Geo W. Bush. Cataclysms tell the story: Blacks trashing their neighborhoods. White suburbanites wielding shotguns. Student insurgency over the Vietnam War. The assassinations of Rbt F. Kennedy & Martin Luther King. The riots at the '68 Democratic Nat'l Convention. The fissuring of the Democrats into warring factions manipulated by the dirty tricks of Nixon & his Committee to ReElect the President. Nixon pledging a dawn of nat'l unity, governing more divisively than any president before him, then directing a criminal conspiracy, the Watergate cover-up, from the Oval Office. Then, in 11/72, Nixon, harvesting the bitterness & resentment born of turmoil, was reelected in a landslide, not only setting the stage for his '74 resignation but defining the terms of the ideological divide characterizing America today. Filled with prodigious research, driven by a powerful narrative, Perlstein's account of how America divided confirms his place as one of our country's most celebrated historians.

The Framers' Coup: The Making of the United States Constitution


Michael J. Klarman - 2016
    Few, then, would describe the writing of it as a process fraught with highly improbable circumstances, coincidences, compromises, and largely unexpected outcomes. As Benjamin Franklin keenly observed, any assembly of men, no matter how talented, bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that—inevitably—they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup: The Making of the United States Constitution tells the story of how the Framers' interests shaped the constitution, and what that means for our use of the document today.The Philadelphia convention could easily have been a failure, or not happened at all. Without the heroic efforts of James Madison, George Washington's last-minute decision to attend, and the countless negotiations in the midst of debate and gridlock, the constitution we know today may never have been ratified. Had anything gone wrong and the convention been dissolved without consensus, any number of events may have occurred, such as a civil war, or reversion to monarchy. Klarman's narration of these events is full of colorful characters and riveting stories: the rebellion by debtor farmers in Massachusetts; the deal that induced John Hancock to support ratification; the secretive dealings of Alexander Hamilton and John Jay at the New York ratifying convention that produced an improbable victory. The constitution, he shows, was not created by rousing national consensus—an impractical concept at the time—but by the personal preferences of its creators. Moreover, the convention produced a constitution very different from what most Americans anticipated. How did the Framers convince Americans to approve a scheme so unrepresentative of national opinion? And to what extent should Americans rely on it today?Towards the end of his life, Thomas Jefferson noted that each generation has "a right to choose for itself the form of government it believes most promotive of its own happiness," and that constitutions should not be deemed, "too sacred to be touched." As Jefferson would have recognized, and as Klarman depicts in this captivating retelling of one of America's most famous stories, the Constitution is and has always been used as a tool to defend particular interests, and its sanctity should not go unchallenged.

Rise of the Warrior Cop: The Militarization of America's Police Forces


Radley Balko - 2013
    As a result, our country has generally worked to keep the military out of law enforcement. But according to investigative reporter Radley Balko, over the last several decades, America’s cops have increasingly come to resemble ground troops. The consequences have been dire: the home is no longer a place of sanctuary, the Fourth Amendment has been gutted, and police today have been conditioned to see the citizens they serve as an other—an enemy.Today’s armored-up policemen are a far cry from the constables of early America. The unrest of the 1960s brought about the invention of the SWAT unit—which in turn led to the debut of military tactics in the ranks of police officers. Nixon’s War on Drugs, Reagan’s War on Poverty, Clinton’s COPS program, the post–9/11 security state under Bush and Obama: by degrees, each of these innovations expanded and empowered police forces, always at the expense of civil liberties. And these are just four among a slew of reckless programs.In Rise of the Warrior Cop, Balko shows how politicians’ ill-considered policies and relentless declarations of war against vague enemies like crime, drugs, and terror have blurred the distinction between cop and soldier. His fascinating, frightening narrative shows how over a generation, a creeping battlefield mentality has isolated and alienated American police officers and put them on a collision course with the values of a free society.