With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
American Constitutional Law, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The Tenth Edition has been fully revised to include seven new cases, including key decisions National Labor Relations Board v. Noel Canning, Zivotofsky v. Kerry, Adoptive Couple v. Baby Girl, Horne v. Department of Agriculture and Comptroller of the Treasure of Maryland v. Wynne. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.
Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.
NEW YORK TIMES BESTSELLER • The intimate, inspiring, and authoritative biography of Sandra Day O’Connor, America’s first female Supreme Court justice, drawing on exclusive interviews and first-time access to Justice O’Connor’s archives—by the New York Times bestselling author Evan Thomas. “She’s a hero for our time, and this is the biography for our time.”—Walter Isaacson She was born in 1930 in El Paso and grew up on a cattle ranch in Arizona. At a time when women were expected to be homemakers, she set her sights on Stanford University. When she graduated near the top of her law school class in 1952, no firm would even interview her. But Sandra Day O’Connor’s story is that of a woman who repeatedly shattered glass ceilings—doing so with a blend of grace, wisdom, humor, understatement, and cowgirl toughness. She became the first ever female majority leader of a state senate. As a judge on the Arizona Court of Appeals, she stood up to corrupt lawyers and humanized the law. When she arrived at the United States Supreme Court, appointed by President Ronald Reagan in 1981, she began a quarter-century tenure on the Court, hearing cases that ultimately shaped American law. Diagnosed with cancer at fifty-eight, and caring for a husband with Alzheimer’s, O’Connor endured every difficulty with grit and poise. Women and men who want to be leaders and be first in their own lives—who want to learn when to walk away and when to stand their ground—will be inspired by O’Connor’s example. This is a remarkably vivid and personal portrait of a woman who loved her family, who believed in serving her country, and who, when she became the most powerful woman in America, built a bridge forward for all women. Praise for First “Cinematic . . . poignant . . . illuminating and eminently readable . . . First gives us a real sense of Sandra Day O’Connor the human being. . . . Thomas gives O’Connor the credit she deserves.”—The Washington Post “[A] fascinating and revelatory biography . . . a richly detailed picture of [O’Connor’s] personal and professional life . . . Evan Thomas’s book is not just a biography of a remarkable woman, but an elegy for a worldview that, in law as well as politics, has disappeared from the nation’s main stages.”—The New York Times Book Review
The Twilight of Constitutionalism and the Triumph of Progressivism
Author: Paul D. Moreno
Publisher: Cambridge University Press
This book tells the story of constitutional government in America during the period of the 'social question'. After the Civil War and Reconstruction, and before the 'second Reconstruction' and cultural revolution of the 1960s, Americans dealt with the challenges of the urban and industrial revolutions. In the crises of the American Revolution and the Civil War, the American founders - and then Lincoln and the Republicans - returned to a long tradition of Anglo-American constitutional principles. During the Industrial Revolution, American political thinkers and actors gradually abandoned those principles for a set of modern ideas, initially called progressivism. The social crisis, culminating in the Great Depression, did not produce a Lincoln to return to the founders' principles, but rather a series of leaders who repudiated them. Since the New Deal, Americans have lived in a constitutional twilight, not having completely abandoned the natural-rights constitutionalism of the founders, nor embraced the entitlement-based welfare state of modern liberalism.
The column, FROM OUR PERSPECTIVE, had instant appeal from a broad spectrum of the public. The readership grew rapidly, crossing gender, age, background, and geographical lines. This volume contains a compilation of the most successful and noted published columns, From Our Perspective, covering a period of five years. Most of the pieces follow a pubic policy theme, either foreign or domestic. Included, are several columns of local interest, with overarching conceptual implications which cut across cultural lines. It can be said that the brilliance of the authors' writing style is only eclipsed by the quality and comprehensiveness of the substance. When reading these selections, there is no need to wonder, "Where is the beef?" One should note, there is a generational age difference between the authors but therein lies the unique creative strength of the two columnists as a team. It is the bridging of this generational gap, with the individual strengths and talents of each author, which adds vibrancy, relevance, and dynamism to the Heichberger/Burr team and contributes greatly to this combined writing venture. Welcome to FIVE YEARS ON THE CUTTING EDGE. Robert L. Heichberger, Ph.D. M. Andrew Burr Through the past fifty-seven years, Dr. Robert L. Heichberger has been a teacher, public school and university administrator, college professor, and public policy consultant. M. Andrew Burr is an economist and advanced graduate student with honors in economic theory and practice. He is a self-made business entrepreneur. Currently, Dr. Heichberger and M. Andrew Burr are serving as leadership, public policy and organizational consultants. They specialize in developmental strategies in. strategic planning, conflict management, and organizational management. Dr. Heichberger and Mr. Burr are weekly newspaper columnists on domestic, world, and human affairs. Their Column has generated a considerable following and is popular among people of all ages and backgrounds.
The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.