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.

Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice


Antonin Scalia - 2004
    Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volumethe first of its kind showcases the quotable justice's take on many of today's most contentious constitutional debates. "Scalia Dissents" contains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. "Scalia Dissents" is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time."

Not a Suicide Pact: The Constitution in a Time of National Emergency


Richard A. Posner - 2006
    citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger.Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither war nor crime--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory.One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate.OXFORD'S NEW INALIENABLE RIGHTS SERIESThis is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.

With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful


Glenn Greenwald - 2011
    But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country's political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world.Starting with Watergate, continuing on through the Iran-Contra scandal, and culminating with Obama's shielding of Bush-era officials from prosecution, Glenn Greenwald lays bare the mechanisms that have come to shield the elite from accountability. He shows how the media, both political parties, and the courts have abetted a process that has produced torture, war crimes, domestic spying, and financial fraud. Cogent, sharp, and urgent, this is a no-holds-barred indictment of a profoundly un-American system that sanctions immunity at the top and mercilessness for everyone else.

America: Imagine a World Without Her


Dinesh D'Souza - 2014
    It is the Progressive view that is taught in our schools, that is preached by Hollywood, and that shapes the policies of the Obama administration. If America is a force for inequality and injustice in the world, its power deserves to be diminished; if traditional America is based on oppression and theft, then traditional America must be reformed—and the federal government can do the reforming.In America: Imagine a World without Her D'Souza offers a passionate and sharply reasoned defense of America, knocking down every important accusation made by Progressives against our country. In this book, you'll learn:-Why it is a pernicious myth that English colonists "stole" America from the Indians or that American settlers and soldiers "stole" the southwest from Mexico-Why the descendants of slaves—and the successive waves of immigrants to the United States—are better off here than in their old countries-How America, more than any other country, is based on rewarding the enterprise and hard-work of the common man-How traditional American virtues sustain prosperity and freedom, and Progressive arguments about "liberation" and "justice" undercut them-How Progressive demagoguery about "inequality" expands the power of government and its grasp on the taxpayer's wallet-Why we should fear the Progressive agenda of "reform" which is in fact an agenda of totalitarian control of the state over the individual-Why national decline is a choice--a choice that it is still not too late to reverseProvocative in its analysis, stunning in its conclusions, Dinesh D'Souza's America will be the most talked about book of the year.

The Assault on Reason


Al Gore - 2007
    Nobel Peace Prize winner, bestselling author, activist, and political icon, Al Gore has become one of the most respected and influential public intellectuals in America today. The Assault on Reason takes an unprecedented look at how faith in the power of reasonâ€"the idea that citizens can govern themselves through rational debate

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.

The Hollow Hope: Can Courts Bring About Social Change?


Gerald N. Rosenberg - 1991
    But while debate rages over whether the courts should be playing such a legislative role, Gerald N. Rosenberg poses a far more fundamental question—can courts produce political and social reform?Rosenberg presents, with remarkable skill, an overwhelming case that efforts to use the courts to generate significant reforms in civil rights, abortion, and women's rights were largely failures."The real strength of The Hollow Hope . . . is its resuscitation of American Politics—the old-fashioned representative kind—as a valid instrument of social change. Indeed, the flip side of Mr. Rosenberg's argument that courts don't do all that much is the refreshing view that politics in the best sense of the word—as deliberation and choice over economic and social changes, as well as over moral issues—is still the core of what makes America the great nation it is. . . . A book worth reading."—Gary L. McDowell, The Washington Times

The Penguin Guide to the United States Constitution


Richard Beeman - 2010
     Known across the country for his appearance on The Daily Show with Jon Stewart, Professor Richard Beeman is one of the nation's foremost experts on the United States Constitution. In this book, he has produced what every American should have: a compact, fully annotated copy of the Declaration of Independence, the Constitution and amendments, all in their entirety. A marvel of accessibility and erudition, the guide also features a history of the making of the Consittution with excerpts from The Federalist Papers and a look at crucial Supreme Court cases that reminds us that the meaning of many of the specific provisions of the Constitution has changed over time.

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century


Geoffrey R. Stone - 2017
    Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment.Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent.The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms.The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation.Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

A Republic, If You Can Keep It


Neil Gorsuch - 2019
    He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”

Democracy and Distrust: A Theory of Judicial Review


John Hart Ely - 1980
    Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

The Corruption Chronicles: Obama's Big Secrecy, Big Corruption, and Big Government


Tom Fitton - 2012
    president; it was the very cornerstone of his campaign. No secrets. No masks. No smoke and mirrors. No excuses. But over the next four years, President Obama’s administration would prove to be one of the most guarded and duplicitous of our time. Tom Fitton of Judicial Watch, America’s largest nonpartisan government watchdog (challenging George W. Bush as well as Bill Clinton), has been investigating Obama ever since he splashed onto the national scene in 2006. Now Fitton exposes devastating secrets the Obama administration has desperately fought—even in court—to keep from the American public. For a while, the Obama stonewall seemed to be holding. Until now. And the revelations are astonishing. Judicial Watch has unearthed the truth behind such high-profile issues as the bailouts, Obamacare, Guantanamo, Obama’s true ties to Bill Ayers and to the Black Panthers voting intimidation scandal, and the Constitution-defying government czars. He reveals Obama’s personal war against FOX News, his real link to ACORN, and his radical Chicago connections. Through scores of smoking-gun government files, some replicated here and many unearthed after lengthy court battles, Fitton also discloses the facts of the Obama-backed $535-million loan guarantee to Solyndra, promoted by the president as a model for economic recovery—only months before its disastrous bankruptcy filing. Here too is the truth behind the gunrunning scandal, code-named Fast and Furious, which was a program generated in secrecy by the U.S. government that supplied thousands of firearms to murderous criminals in Mexico—an unconscionable act, and only one in a series of historical lows for an administration that few, if any, major media in this country dare to expose. This book details how the Obama machine is aggressively employing Chicago-style tactics to steal, if necessary, the 2012 elections. And how Judicial Watch is prepared to go to court with historic lawsuits to make sure the elections are fair and honest. Why do Obama supporters turn a blind eye to his astoundingly unethical and abusive approach to governing this country? The Corruption Chronicles boldly, honestly, and factually makes the case that the federal government is now off the rails and out of control, and has literally built its foundation on broken promises, fatal miscalculations, and a cynical manipulation of its trusting public. But it’s not over. Tom Fitton and Judicial Watch are proof that the Tea Party approach to government corruption can make a difference. A grassroots group can take on the president, the Congress, and the judiciary, and finally force the government to be held accountable. The uncontestable facts are here, in The Corruption Chronicles. To see what is true, you only have to look.  THE FULLY DOCUMENTED FACTS BEHIND: • The Solyndra Debacle • Obama’s Watergate: Operation Fast and Furious • The Obama Administration’s $20 Billion Government Extortion Scheme • The Unprecedented Threat to the Integrity of the 2012 Elections • The Czar Investigation Stonewall • The Undermining of Our Nation’s Immigration Laws • 9/11 Secrets

The Red and the Blue: The 1990s and the Birth of Political Tribalism


Steve Kornacki - 2018
    For Clinton, that meant contorting himself around the various factions of the Democratic party to win the presidency. Gingrich employed a scorched-earth strategy to upend the permanent Republican minority in the House, making him Speaker. The Clinton/Gingrich battles were bare-knuckled brawls that brought about massive policy shifts and high-stakes showdowns—their collisions had far-reaching political consequences. But the ’90s were not just about them.  Kornacki writes about Mario Cuomo’s stubborn presence around Clinton’s 1992 campaign; Hillary Clinton’s star turn during the 1998 midterms, seeding the idea for her own candidacy; Ross Perot’s wild run in 1992 that inspired him to launch the Reform Party, giving Donald Trump his first taste of electoral politics in 1999; and many others. With novelistic prose and a clear sense of history, Steve Kornacki masterfully weaves together the various elements of this rambunctious and hugely impactful era in American history, whose effects set the stage for our current political landscape.

The Great Derangement: A Terrifying True Story of War, Politics, and Religion at the Twilight of the American Empire


Matt Taibbi - 2008
    A large and growing chunk of the American population was so turned off--or radicalized--by electoral chicanery, a spineless news media, and the increasingly blatant lies from our leaders ("they hate us for our freedom") that they abandoned the political mainstream altogether. They joined what he calls The Great Derangement.Taibbi tells the story of this new American madness by inserting himself into four defining American subcultures: • The Military, where he finds himself mired in the grotesque black comedy of the American occupation of Iraq;• The System, where he follows the money-slicked path of legislation in Congress;• The Resistance, where he doubles as chief public antagonist and undercover member of the passionately bonkers 9/11 Truth Movement; and• The Church, where he infiltrates a politically influential apocalyptic mega-ministry in Texas and enters the lives of its desperate congregants. Together these four interwoven adventures paint a portrait of a nation dangerously out of touch with reality and desperately searching for answers in all the wrong places. Funny, smart, and a little bit heartbreaking, The Great Derangement is an audaciously reported, sobering, and illuminating portrait of America at the end of the Bush era."The funniest angry writer and the angriest funny writer since Hunter S. Thompson roared into town." -- James Wolcott"…[A] scabrous, hilarious vivisection of our disintegrating nation. …Taibbi shines a light on the corruption, absurdities, and idiot pieties of modern American politics. Beneath his cynical fury, though, are flashes of surprising compassion for the adrift credulous souls who are taken in by it all." -- Michelle Goldberg