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.

From the Pulitzer Prize-winning scholar, a timely history of the constitutional changes that built equality into the nation's foundation and how those guarantees have been shaken over time.

This is an easily digestible argument about what rights we have, what rights Republicans are trying to take away, and how to stop them. Mystal explains how to protect the rights of women and people of color instead of cowering to the absolutism of gun owners and bigots. He explains the legal way to stop everything from police brutality to political gerrymandering, just by changing a few judges and justices. He strips out all of the fancy jargon conservatives like to hide behind and lays bare the truth of their project to keep America forever tethered to its slaveholding past.

The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck.

The conventional wisdom about Felix Frankfurter―Harvard law professor and Supreme Court justice―is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true.

This is the story of the rise to national power of a desperately poor young man from the Texas Hill Country. The Path to Power reveals in extraordinary detail the genesis of the almost superhuman drive, energy, and ambition that set LBJ apart. It follows him from the Hill Country to New Deal Washington, from his boyhood through the years of the Depression to his debut as Congressman, his heartbreaking defeat in his first race for the Senate, and his attainment, nonetheless, at age 31, of the national power for which he hungered.

The first full-scale biography in 25 years of one of the most important and distinguished justices to sit on the Supreme Court - an audiobook that reveals Louis D. Brandeis the reformer, lawyer, and jurist, and Brandeis the man, in all of his complexity, passion, and wit. As a lawyer in the late 19th and early 20th centuries, he pioneered how modern law is practiced.

A justice on the United States Supreme Court for three decades, Antonin Scalia transformed the way that judges, lawyers, and citizens think about the law. The Essential Scalia presents Justice Scalia on his own terms, allowing listeners to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained.

The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices - maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpions tells the story of four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

The United States, the richest country on earth, has more poverty than any other advanced democracy. Why? Why does this land of plenty allow one in every eight of its children to go without basic necessities, permit scores of its citizens to live and die on the streets, and authorize its corporations to pay poverty wages?

Vividly written and exhaustively researched, Jonathan Eig’s King: A Life is the first major biography in decades of the civil rights icon Martin Luther King Jr.—and the first to include recently declassified FBI files. In this revelatory new portrait of the preacher and activist who shook the world, the bestselling biographer gives us an intimate view of the courageous and often emotionally troubled human being who demanded peaceful protest for his movement but was rarely at peace with himself.

Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.

Free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States.

Between 1861 and 1865, the clash of the greatest armies the Western hemisphere had ever seen turned small towns, little-known streams, and obscure meadows in the American countryside into names we will always remember. In those great battles, those streams ran red with blood-and the United States was truly born.

From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.

The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.

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.

Best-selling author Ted Stewart explains how the Supreme Court and its nine appointed members now stand at a crucial point in their power to hand down momentous and far-ranging decisions. Today's Court affects every major area of American life, from health care to civil rights, from abortion to marriage. This fascinating book reveals the complex history of the Court as told through seven pivotal decisions.

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.

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.

Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.

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.

Presumed Guilty reveals how the Supreme Court allows the perpetuation of racist policing by presuming that suspects, especially people of color, are guilty.

When the stories that lead our daily news involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades. He shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic.

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.

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.

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

Many Americans reference the Bill of Rights, a document that represents many of the freedoms that define the United States. Who doesn’t know about the First Amendment’s freedom of religion or Second Amendment’s right to bear arms? In this succinct volume, Akhil Reed Amar and Les Adams offer a wealth of knowledge about the Bill of Rights that goes beyond a basic understanding.The Bill of Rights Primer is an authoritative guide to all American freedoms. Uncluttered and well-organized, this audiobook is perfect for those who want to study up on the Bill of Rights without needing a law degree to do so.

Taking his typically in-depth, historically informed view, Thom Hartmann asks: What if the Supreme Court didn't have the power to strike down laws? According to the Constitution, it doesn't. From the founding of the republic until 1803, the Supreme Court was the final court of appeals, as it was always meant to be. So where did the concept of judicial review start? As so much of modern American history, it began with the battle between the Federalists and Anti-Federalists, and with Marbury v. Madison.