Constitutional Government

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.

Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.

Hyperpartisanship has gridlocked the American government. Congress' approval ratings are at record lows, and both Democrats and Republicans are disgusted by the government's inability to get anything done. In It's Even Worse Than It Looks, Congressional scholars Thomas E. Mann and Norman J. Ornstein present a grim picture of how party polarization and tribal politics have led Congress - and the United States - to the brink of institutional failure.

When we think of Constitutional law, we invariably think of the US Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, US Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional law should account for the role of the state courts and state constitutions, together with the federal courts and the federal Constitution, in protecting individual liberties.

Can the president launch a nuclear attack without congressional approval? Is it ever a crime to criticize the president? Can states legally resist a president's executive order? Corey Brettschneider takes us on a deep dive into the US Constitution to answer questions that, in our tumultuous era, Americans are asking more than ever before. From the document itself and from history's pivotal court cases, we learn why certain powers were granted to the presidency, how the Bill of Rights limits those powers, and what "we the people" can do.

So much of the debate about the Second Amendment is in scholarly journals and academic papers written by scholars and judges, or directed towards other scholars, law professors, attorneys, and judges. Trying to wade through the extensive footnotes and references to legal cases and historical precedents known only to the academic elite is more than enough to make anyone feel hopeless.

Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Get Trump makes clear that unconstitutional efforts to stop Trump from retaking the presidency challenge the very foundations of our liberty: due process, right to counsel, and free speech.

With this unflinching account, Justice Ketanji Brown Jackson invites listeners into her life and world, tracing her family’s ascent from segregation to her confirmation on America’s highest court within the span of one generation.

The Supreme Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings, and social, moral, and yes, political ideas have always played into Supreme Court justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved from the liberalism of the New Deal and Great Society to the Reagan conservatism that has been dominant since the 1980s.

This book explores the powers, activities, and accountability of MI5 from the end of the Second World War to 1964. It argues that MI5 acted with neither statutory authority nor statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources.

The complete texts of the documents that tell the story of the clashes and compromises that gave birth to the Unites States of America. Should the members of the government be elected by direct vote of the people? Should the government be headed by a single executive, and how powerful should that executive be? Should immigrants be allowed into the United States? How should judges be appointed? What human rights should be safe from government infringement? In 1787, these important questions and others were raised as the states debated the merits of the proposed Constitution.

Fifty-five men met in Philadelphia in 1787 to write a document that would create a country and change a world: the Constitution. Here is a remarkable rendering of that fateful time, told with humanity and humor. Decision in Philadelphia is the best popular history of the Constitutional Convention; in it, the life and times of 18th-century America not only come alive, but the very human qualities of the men who framed the document are brought provocatively into focus - casting many of the Founding Fathers in a new light.

In Constitutional Law, we discuss the basic rules under the Constitution of the United States. We examine significant clauses within the Constitution and their interpretation over time, landmark Supreme Court cases, and many other topics covered in constitutional law, with numerous examples and analysis.

A. C. Grayling makes the case for a clear, consistent, principled, and written constitution, and sets out the reforms necessary - among them addressing the imbalance of power between government and Parliament, imposing fixed terms for MPs, introducing proportional representation, and lowering the voting age to 16 (the age at which you can marry, gamble, join the army, and must pay taxes if you work) - to ensure the intentions of such a constitution could not be subverted or ignored.

Do you really want the crooked baby-kissers and fake news to tell you what your rights are? Wouldn’t you rather discover them for yourself? The founders fought tirelessly to guarantee these God-given rights to life, liberty, and the pursuit of happiness. But let’s face it - the Bill of Rights is hard to understand. Its text is flowery and puzzling. It’s full of legal and political jargon.

The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law.

From Pulitzer Prize-winning American historian Joseph J. Ellis, the unexpected story of why the thirteen colonies, having just fought off the imposition of a distant centralized governing power, would decide to subordinate themselves anew.

In Battlefield America: The War on the American People, the follow-up to his award-winning book A Government of Wolves: The Emerging American Police State, constitutional attorney John W. Whitehead paints a terrifying portrait of a nation at war with itself and which is on the verge of undermining the basic freedoms guaranteed to the citizenry in the Constitution. Indeed, police have been transformed into extensions of the military, towns and cities have become battlefields.

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.

In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected - and that the problem is not so much the policing agencies as it is the rest of us.