Thomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the "dead hand of the past", suggesting that the constitution should, instead, be interpreted as a living, breathing document. Less well-known is Madison's response, in which he said the improvements made by the dead - including the US Constitution - form a debt against the living who benefit from them.

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.

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.

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.

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.

Provocative, inspiring, and unflinchingly honest, My Grandfather's Son is the story of one of America's most remarkable and controversial leaders, Supreme Court Justice Clarence Thomas, told in his own words.

In Lady Justice, Dahlia Lithwick, one of the nation’s foremost legal commentators, illuminates these many heroes of the Trump years. From Sally Yates and Becca Heller, who fought the Muslim travel ban, to Roberta Kaplan, who sued the neo-Nazis in Charlottesville, to Stacey Abrams, who worked to protect the voting rights of millions of Georgians, Lithwick dramatizes in thrilling detail the women lawyers who worked tirelessly to hold the line against the most chaotic presidency in living memory.

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.

Americans wage many of today’s fiercest policy debates and culture wars over constitutional meaning. It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the US. Here, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights.

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.

The period following the Civil War was one of the most controversial eras in American history. This comprehensive account of the period captures the drama of those turbulent years that played such an important role in shaping modern America.

The United States is in the grip of a crisis of bad history. Distortions of the past promoted in the conservative media have led large numbers of Americans to believe in fictions over facts, making constructive dialogue impossible and imperiling our democracy. In Myth America, Kevin M. Kruse and Julian E. Zelizer have assembled an all-star team of fellow historians to push back against this misinformation.

Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution - a system he regarded as the “last best hope of mankind”. But how did Lincoln understand the Constitution?

Originally published anonymously, The Federalist Papers first appeared in 1787 as a series of letters to New York newspapers exhorting voters to ratify the proposed Constitution of the United States. Still hotly debated and open to often controversial interpretations, the arguments first presented here by three of America's greatest patriots and political theorists were created during a critical moment in our nation's history.

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

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

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.

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.

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.

Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.

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.

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.

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.

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.

Dr. Arnn, president of Hillsdale College, reveals this integral unity of the Declaration and the Constitution. Together, they form the pillars upon which the liberties and rights of the American people stand. United, they have guided history's first self-governing nation, forming our government under certain universal and eternal principles. Unfortunately, the effort to redefine government to reflect "the changing and growing social order" has gone very far toward success.

The purpose of this book is twofold: first, to elucidate the logic, principles, and significance of the Declaration of Independence as the embodiment of the American mind; and, second, to shed light on what John Adams once called the "real American Revolution"; that is, the moral revolution that occurred in the minds of the people in the 15 years before 1776.

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.

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 is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution - and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common-sense terms what is in the Constitution and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how the Constitution’s protections are eroding.

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.