The Law of the Land: A Grand Tour of Our Constitutional Republic


Akhil Reed Amar - 2015
    While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America's Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, "the land of Lincoln," Amar shows how our sixteenth president's ideas about secession were influenced by his Midwestern upbringing and outlook. All of today's Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar's distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation's history and politics, and shows how America's various local parts fit together to form a grand federal framework.

Supreme Discomfort: The Divided Soul of Clarence Thomas


Kevin Merida - 2007
    Supreme Discomfort: The Divided Soul of Clarence Thomas is a haunting portrait of an isolated and complex man, savagely reviled by much of the black community, not entirely comfortable in white society, internally wounded by his passage from a broken family and rural poverty in Georgia, to elite educational institutions, to the pinnacle of judicial power. His staunchly conservative positions on crime, abortion, and, especially, affirmative action have exposed him to charges of heartlessness and hypocrisy, in that he is himself the product of a broken home who manifestly benefited from racially conscious admissions policies.Supreme Discomfort is a superbly researched and reported work that features testimony from friends and foes alike who have never spoken in public about Thomas before—including a candid conversation with his fellow justice and ideological ally, Antonin Scalia. It offers a long-overdue window into a man who straddles two different worlds and is uneasy in both—and whose divided personality and conservative political philosophy will deeply influence American life for years to come.

Sharia Law for Non-Muslims


Bill Warner - 2010
    Sharia law is based on entirely different principles than our laws. Many of these laws concern the non-Muslim.What does Sharia law mean for the citizens of this state? How will this affect us? What are the long-term effects of granting Muslims the right to be ruled by Sharia, instead of our laws? Each and every demand that Muslims make is based on the idea of implementing Sharia law in America. Should we allow any Sharia at all? Why? Why not?How can any political or legal authority make decisions about Sharia law if they do not know what it is? Is this moral?The answers to all of these questions are found in this book.

The Law


Frédéric Bastiat - 1849
    More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies in ever way to our own time, which is precisely why so many people credit this one essay for showing them the light of liberty. Bastiat's essay here is timeless because applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat's death. This newly available translation provides new insight into Bastiat's argument. It is a more sophisticated, more substantial, and more precise rendering than any in print. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others' lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn't avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our sentiments, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have the domain of force, which is justice. More from Bastiat's The Law: Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State - then we are against education altogether. We object to a State religion - then we would have no religion at all. We object to an equality which is brought about by the State then we are against equality, etc., etc. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State. How is it that the strange idea of making the law produce what it does not contain - prosperity, in a positive sense, wealth, science, religion - should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain. They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important. Whether you buy one or one hundred, you can look forward to one of the most penetrating and powerful essays written in the history of political economy.

No Constitutional Right to Be Ladies: Women and the Obligations of Citizenship


Linda K. Kerber - 1998
    Looking closely at thirty telling cases from the pages of American legal history, Kerber's analysis reaches from the Revolution, when married women did not have the same obligation as their husbands to be "patriots," up to the present, when men and women, regardless of their marital status, still have different obligations to serve in the Armed Forces.An original and compelling consideration of American law and culture, No Constitutional Right to Be Ladies emphasizes the dangers of excluding women from other civic responsibilities as well, such as loyalty oaths and jury duty. Exploring the lives of the plaintiffs, the strategies of the lawyers, and the decisions of the courts, Kerber offers readers a convincing argument for equal treatment under the law.

The New Deal: A Modern History


Michael A. Hiltzik - 2011
    More than an economic recovery plan, it was a reordering of the political system that continues to define America to this day. With The New Deal: A Modern History, Pulitzer Prize–winning writer Michael Hiltzik offers fresh insights into this inflection point in the American experience. Here is an intimate look at the alchemy that allowed FDR to mold his multifaceted and contentious inner circle into a formidable political team. The New Deal: A Modern History shows how Roosevelt, through the force of his personality, commanded the loyalty of the rock-ribbed fiscal conservative Lewis Douglas and the radical agrarian Rexford Tugwell alike; of Harold Ickes and Harry Hopkins, one a curmudgeonly miser, the other a spendthrift idealist; of Henry Morgenthau, gentleman farmer of upstate New York; and of Frances Perkins, a prim social activist with her roots in Brahmin New England. Yet the same character traits that made him so supple and self-confident a leader would sow the seeds of the New Deal’s end, with a shocking surge of Rooseveltian misjudgments. Understanding the New Deal may be more important today than at any time in the last eight decades. Conceived in response to a devastating financial crisis very similar to America’s most recent downturn—born of excessive speculation, indifferent regulation of banks and investment houses, and disproportionate corporate influence over the White House and Congress—the New Deal remade the country’s economic and political environment in six years of intensive experimentation. FDR had no effective model for fighting the worst economic downturn in his generation’s experience; but the New Deal has provided a model for subsequent presidents who faced challenging economic conditions, right up to the present. Hiltzik tells the story of how the New Deal was made, demonstrating that its precepts did not spring fully conceived from the mind of FDR—before or after he took office. From first to last the New Deal was a work in progress, a patchwork of often contradictory ideas. Far from reflecting solely progressive principles, the New Deal also accommodated such conservative goals as a balanced budget and the suspension of antitrust enforcement. Some programs that became part of the New Deal were borrowed from the Republican administration of Herbert Hoover; indeed, some of its most successful elements were enacted over FDR’s opposition. In this bold reevaluation of a decisive moment in American history, Michael Hiltzik dispels decades of accumulated myths and misconceptions about the New Deal to capture with clarity and immediacy its origins, its legacy, and its genius.

Plain, Honest Men: The Making of the American Constitution


Richard Beeman - 2009
    Book by Beeman, Richard

Law and Liberty


Rousas John Rushdoony - 1984
    Therefore, when the religion of a people is weakened, so also is its morality undermined. The result is a progressive collapse of law and order, and the breakdown of society.Men, though, see law as a limitation on their liberty, and Christianity is held to be the most restrictive with its emphasis upon Biblical law as the foundation for morality and liberty. Humanistic man wants total liberty, but he does not realize that total liberty leads only to total anarchy, and that leads to the death of law and liberty. Unless every man’s liberty is limited by law, no liberty is possible for any one.In this concise volume, R. J. Rushdoony expounds on the central themes of the application of Biblical law to every area of life. This book is a great starting point to understanding Rushdoony’s larger expositions on Biblical law.

Constitutional Law


Isagani A. Cruz - 2007
    

The Constitution in Exile: How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land


Andrew P. Napolitano - 2006
    Today that parchment has been shred to ribbons, explains Fox News senior judicial analyst Judge Andrew P. Napolitano, as the federal government trounces state and individual rights and expands its reach far beyond what the Framers intended.An important follow-up to Judge Napolitano's best-selling Constitutional Chaos, this book shows with no-nonsense clarity how Congress has "purchased" regulations by bribing states and explains how the Supreme Court has devised historically inaccurate, logically inconsistent, and even laughable justifications to approve what Congress has done.It's an exciting excursion into the dark corners of the law, showing how do-gooders, busybodies, and control freaks in government disregard the limitations imposed upon Congress by the Constitution and enact laws, illegal and unnatural, in virtually every area of human endeavor.Praise for The Constitution in Exile from Left, Right, and Center"Does anyone understand the vision of America's founding fathers? The courts and Congress apparently don't have a clue. But Judge Andrew P. Napolitano does, and so will you, if you read The Constitution in Exile."-BILL O'REILLY"Whatever happened to states rights, limited government, and natural law? Judge Napolitano, in his own inimitable style, takes us on a fascinating tour of the destruction of constitutional government. If you want to know how the federal government got so big and fat, read this book. Agree or disagree, this book will make you think."-SEAN HANNITY"In all of the American media, Judge Andrew P. Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution, very much including the Bill of Rights. Increasingly, our Constitution is in clear and present danger. Judge Napolitano--in The Constitution in Exile--has challenged all Americans across party lines to learn the extent of this constitutional crisis." -NAT HENTOFF"Judge Napolitano engages here in what I do every day on my program-make you think. There's no question that potential Supreme Court nominees and what our Constitution says and doesn't say played a major role for many voters in our last couple of elections. What the judge does here is detail why the federal government claims it can regulate as well as tax everything in sight as it grows and grows. Agree or disagree with him-you need to read his latest book, think, and begin to arm yourself as you enter this important debate." -RUSH LIMBAUGH"At a time when we are, in Benjamin Franklin's words, sacrificing essential liberty to purchase a little temporary safety, here comes the judge with what should be mandatory reading for the executive branch cronies who are busy stealing power while they think we're not watching. Thank goodness the judge is watching and speaking truth to power. More than a book, this is an emergency call to philosophical arms, one we must heed before it's too late." -ALAN COLMES

Keeping the Republic: Saving America by Trusting Americans


Mitch Daniels - 2011
    His reply to the crowd: "A republic, if you can keep it." Now America's most respected governor explains just how close we've come to losing the republic, and how we can restore it to greatness.Indiana Governor Mitch Daniels has been called "the most presidential man in America." He has brought more change to his state in a few years than most see in decades.During his tenure, Daniels turned a $700 million deficit into a billion dollar surplus, balanced Indiana's budget even during the recession, converted its once unattractive business climate into one of the strongest for private sector job growth.The Hoosier state is now a model of good and efficient governance. Its public sector payroll is now the smallest per capita in the nation. And yet services have improved across the board. Even its Bureau of Motor Vehicles -- the ultimate symbol of dysfunctional bureaucracy - has been rated the best in the country.Daniels has done this by focusing on government's core responsibilities, cutting taxes, empowering citizens, and performing what he calls an "old tribal ritual" - spending less money than his state takes in, while distinguishing between skepticism towards big government and hostility towards all government.Unfortunately few politicians have the discipline or courage to follow his lead. And worse, many assume that Americans are too intimidated, gullible or dim-witted to make wise decisions about their health care, mortgages, the education of their kids, and other important issues. The result has been a steady decline in freedom, as elite government experts -- "our benevolent betters," in Daniels' phrase -- try to regulate every aspect of our lives.Daniels bluntly calls our exploding national debt "a survival-level threat to the America we have known." He shows how our underperforming public schools have produced a workforce unprepared to compete with those of other countries and ignorant of the requirements of citizenship in a free society. He lays out the risk of greatly diminished long term prosperity and the loss of our position of world leadership. He warns that we may lose the uniquely American promise of upward mobility for all.But, the good news is that it's not too late to save America. However, real change can't be imposed from above. It has to be what he calls "change that believes in you" -- a belief that Americans, properly informed of the facts, will pull together to make the necessary changes and that they are best- equipped to make the decisions governing their own lives. As he puts it:"I urge great care not to drift into a loss of faith in the American people. We must never yield to the self-fulfilling despair that these problems are immutable, or insurmountable. Americans are still a people born to liberty. Addressed as free-born, autonomous men and women of God-given dignity, they will rise yet again to drive back a mortal enemy."

The Vision of the Anointed: Self-Congratulation as a Basis for Social Policy


Thomas Sowell - 1995
    Thomas Sowell sees what has happened not as a series of isolated mistakes but as a logical consequence of a vision whose defects have led to disasters in education, crime, family disintegration, and other social pathology. In this book, "politically correct" theory is repeatedly confronted with facts -- and sharp contradictions between the two are explained in terms of a whole set of self-congratulatory assumptions held by political and intellectual elites. These elites -- the anointed -- often consider themselves "thinking people," but much of what they call thinking turns out, on examination, to be rhetorical assertion, followed by evasions of mounting evidence against those assertions.

I'll Be Short: Essentials for a Decent Working Society


Robert B. Reich - 2002
    It's bad for society, especially now. . . . Call me crotchety, but I can't help asking, whatever happened to the social contract?'The get-rich-quick exuberance of the late nineties may have temporarily blinded us to how dependent we are on one another. Subsequent events serve as reminders that the strength of our economy and the security of our society rest on the bonds that connect us. But what, specifically, are these bonds? What do we owe one another as members of the same society?With his characteristic humor, humanity, and candor, one of the nation's most distinguished public leaders and thinkers delivers a fresh vision of politics by returning to basic American values: workers should share in the success of their companies; those who work should not have to live in poverty; and everyone should have access to an education that will better their chances in life.An insider who knows how the economy and government really work, Reich combines realistic solutions with democratic ideals. Businesses do have civic responsibilities, and government must stem a widening income gap that threatens to stratify our nation. And everyone must get involved to help return us to a society that works for everyone.

Why Government Doesn't Work: How Reducing Government Will Bring Us Safer Cities, Better Schools, Lower Taxes, More Freedom, and Prosperity for All


Harry Browne - 1995
    And he demonstrates how much better off we'd be by making government much smaller. Most important, he provides a realistic blueprint for getting from where we are now to a small government and a freer, more prosperous society.

The Broken Branch: How Congress Is Failing America and How to Get It Back on Track


Thomas E. Mann - 2006
    Mann and Norman J. Ornstein, but now it is a broken branch, damaged by partisan bickering and internal rancor. The Broken Branch offers both a brilliant diagnosis of the cause of Congressional decline and a much-needed blueprint for change, from two experts who understand politics and revere our institutions, but believe that Congress has become deeply dysfunctional. Mann and Ornstein, two of the nations most renowned and judicious scholars of government and politics, bring to light the historical roots of Congress's current maladies, examining 40 years of uninterrupted Democratic control of the House and the stunning midterm election victory of 1994 that propelled Republicans into the majority in both House and Senate. The byproduct of that long and grueling but ultimately successful Republican campaign, the authors reveal, was a weakened institution bitterly divided between the parties. They highlight the dramatic shift in Congress from a highly decentralized, committee-based institution into a much more regimented one in which party increasingly trumps committee. The resultant changes in the policy process--the demise of regular order, the decline of deliberation, and the weakening of our system of checks and balances--have all compromised the role of Congress in the American Constitutional system. Indeed, Speaker Dennis Hastert has unabashedly stated that his primary responsibility is to pass the president's legislative program--identifying himself more as a lieutenant of the president than a steward of the house. From tax cuts to the war against Saddam Hussein to a Medicare prescription drug benefit, the legislative process has been bent to serve immediate presidential interests and have often resulted in poorly crafted and stealthily passed laws. Strong majority leadership in Congress, the authors conclude, led not to a vigorous exertion of congressional authority but to a general passivity in the face of executive power. A vivid portrait of an institution that has fallen far from the aspirations of our Founding Fathers, The Broken Branch highlights the costs of a malfunctioning Congress to national policymaking, and outlines what must be done to repair the damage.