Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.

With the election of Donald J. Trump, many people on both the left and right feared that America's 240-year-old grand experiment in democracy was coming to an end, and that Sinclair Lewis' satirical novel, It Can't Happen Here, written during the dark days of the 1930s, could finally be coming true. Is the democratic freedom that the United States symbolizes really secure? Can authoritarianism happen in America? Acclaimed legal scholar, Harvard Professor, and best-selling author Cass R. Sunstein queried a number of the nation's leading thinkers.

For much of history, societies have violently oppressed ethnic, religious, and sexual minorities. It is no surprise that many who passionately believe in social justice came to believe that members of marginalized groups need to take pride in their identity to resist injustice.

What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Do individual rights and the common good conflict? These questions are at the core of our public life today - and at the heart of Justice, in which Michael J. Sandel shows how a surer grasp of philosophy can help us to make sense of politics, morality, and our own convictions as well.

In this book, which the author calls a "culmination of 30 years of work in the history of ideas", Sowell attempts to explain the ideological difference between liberals and conservatives as a disagreement over the moral potential inherent in nature. Those who see that potential as limited prefer to constrain governmental authority, he argues. They feel that reform is difficult and often dangerous, and put their faith in family, custom, law, and traditional institutions.

Justice Gorsuch draws on his 30-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.

This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies.

Jason Lewis reminds us that the concept of states' rights, as bequeathed by the Founding Fathers to a grateful nation, was about a constitutional framework intended to limit the missteps of government and provide the greatest amount of freedom by not allowing the consolidation of power in the nation's capitol. He defines the essence of our constitutional republic and highlights the legal history of the relationship between the states and the federal government.

Timothy Sandefur's insightful book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community - rather than the primacy of liberty, as expressed in the Declaration of Independence - has helped expand the scope of government power at the expense of individual rights.

The Constitution of Liberty is considered Hayek's classic statement on the ideals of freedom and liberty, ideals that he believes have guided - and must continue to guide - the growth of Western civilization. Here, Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever-expanding government.

A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes” - their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

Donald Trump, Silvio Berlusconi, Marine Le Pen, Hugo Chávez - populists are on the rise across the globe. But what exactly is populism? Should everyone who criticizes Wall Street or Washington be called a populist? What precisely is the difference between right-wing and left-wing populism? Does populism bring government closer to the people or is it a threat to democracy? Who are "the people" anyway and who can speak in their name? In this groundbreaking volume, Jan-Werner Müller argues that at populism's core is a rejection of pluralism.

In How Propaganda Works, Jason Stanley demonstrates that more attention needs to be paid. He examines how propaganda operates subtly, how it undermines democracy - particularly the ideals of democratic deliberation and equality - and how it has damaged democracies of the past.

If a country's Gross Domestic Product increases each year, but so does the percentage of its people deprived of basic education, health care, and other opportunities, is that country really making progress? If we rely on conventional economic indicators, can we ever grasp how the world's billions of individuals are really managing? In this powerful critique, Martha Nussbaum argues that our dominant theories of development have given us policies that ignore our most basic human needs for dignity and self-respect.

First published in September 2005 and based on a series of lectures delivered at Harvard, Active Liberty is a tight, extremely readable, almost memoir-like guide to interpreting the Constitution. Written by a justice of the Supreme Court, it focuses on a pragmatic approach to this great document that may become crucial as the Supreme Court faces deeply divisive decisions.

Timothy Sandefur's insightful book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community - rather than the primacy of liberty, as expressed in the Declaration of Independence - has helped expand the scope of government power at the expense of individual rights.

In this major statement, the renowned international-relations scholar John Mearsheimer argues that liberal hegemony, the foreign policy pursued by the United States since the Cold War ended, is doomed to fail. It makes far more sense, he maintains, for Washington to adopt a more restrained foreign policy based on a sound understanding of how nationalism and realism constrain great powers abroad.

Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime.

Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.

We face a dilemma these days. We want to be honest about our history and the racism and oppression that Americans have both inflicted and endured. But we want to be proud of our country, too. In The Nation That Never Was, Roosevelt shows how we can do both those things by realizing we’re not the country we thought we were. Reconstruction, Roosevelt argues, was not a fulfillment of the ideals of the Founding but rather a repudiation: we modern Americans are not the heirs of the Founders but of the people who overthrew and destroyed that political order.

For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.

In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.

The Constitution of the United States begins with the words "we the people". But from the earliest days of the American republic, there have been two competing notions of "the people", which led to two very different visions of the Constitution. Those who view "we the people" collectively think popular sovereignty resides in the people as a group, which leads them to favor a democratic constitution that allows the will of the people to be expressed by majority rule

Glenn Beck revisited Thomas Paine’s famous pre-Revolutionary War call to action in his #1 New York Times bestseller Glenn Beck’s Common Sense. Now he brings his historical acumen and political savvy to this fresh, new interpretation of The Federalist Papers.

From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.

The history and future of our democracy's ultimate sanction, presidential impeachment, and a guide to how it should be used now. To End a Presidency addresses one of today's most urgent questions: when and whether to impeach a president. Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the 21st century.

The preeminent historian of the American Revolution explains why it remains the most significant event in our history

The Constitution of Liberty is considered Hayek's classic statement on the ideals of freedom and liberty, ideals that he believes have guided - and must continue to guide - the growth of Western civilization. Here, Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever-expanding government.

Rights are a sacred part of American identity. Yet they were an afterthought for the Framers. Only as a result of the racial strife that exploded during the Civil War—and a series of resulting missteps by the Supreme Court—did rights gain such outsized power. Over and again, courts have treated rights conflicts as zero-sum games in which awarding rights to one side means denying rights to others. As eminent legal scholar Jamal Greene shows in How Rights Went Wrong, we need to recouple rights with justice—before they tear society apart.