by Alexander Hamilton, James Madison, and John Jay
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, providing readers with a running ideological commentary on the crucial issues facing a democracy.
Today The Federalist Papers are as important and vital a rallying cry for freedom as ever. This edition features the original eighteenth-century text, with James Madison’s fascinating marginal notations, as well as a complete text of the Constitution.
From the moment John Roberts, the chief justice of the United States, blundered through the Oath of Office at Barack Obama's inauguration, the relationship between the Supreme Court and the White House has been confrontational. Both men are young, brilliant, charismatic, charming, determined to change the course of the nation—and completely at odds on almost every major constitutional issue. One is radical; one essentially conservative. The surprise is that Obama is the conservative—a believer in incremental change, compromise, and pragmatism over ideology. Roberts—and his allies on the Court—seek to overturn decades of precedent: in short, to undo the ultimate victory FDR achieved in the New Deal.
This ideological war will crescendo during the 2011-2012 term, in which several landmark cases are on the Court's docket—most crucially, a challenge to Obama's controversial health-care legislation. With four new justices joining the Court in just five years, including Obama's appointees Sonia Sotomayor and Elena Kagan, this is a dramatically—and historically—different Supreme Court, playing for the highest of stakes.
No one is better positioned to chronicle this dramatic tale than Jeffrey Toobin, whose prize-winning bestseller The Nine laid bare the inner workings and conflicts of the Court in meticulous and entertaining detail. As the nation prepares to vote for President in 2012, the future of the Supreme Court will also be on the ballot.
We shrug off this fact as an unfortunate reality. America is the land of the free, after all. Does it really matter whether our politicians bend the truth here and there?
When the truth is traded for lies, our freedoms are diminished and don’t return.
In Lies the Government Told You, Judge Andrew P. Napolitano reveals how America’s freedom, as guaranteed by the U.S. Constitution, has been forfeited by a government more protective of its own power than its obligations to preserve our individual liberties.
“Judge Napolitano’s tremendous knowledge of American law, history, and politics, as well as his passion for freedom, shines through in Lies the Government Told You, as he details how throughout American history, politicians and government officials have betrayed the ideals of personal liberty and limited government."
—Congressman Ron Paul, M.D. (R-TX), from the Foreword
In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution.
Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them.
Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles.
Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.
From the Hardcover edition.
From the Trade Paperback edition.
America’s Unwritten Constitution presents a bold new vision of the American constitutional system, one in which proper interpretation of the Constitution rests on the interplay between its written and unwritten manifestations, but in which interpretation does not, and cannot, depend wholly on one form or the other. Neither America’s written Constitution nor its unwritten Constitution stands alone, Amar shows, and with each eye-opening example he develops a deeper, more compelling way of thinking about constitutional law than has ever been put forth before—a methodology that looks past the basic text to reveal the diverse influences, supplements, and possibilities that comprise it.
Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world.
The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre Dame Law School; Jeffrey Rosen, George Washington University Law School; Benjamin Wittes, Brookings Institution; Tim Wu, Columbia Law School; and Jonathan Zittrain, Harvard Law School.
In this expanded edition of Kindly Inquisitors, a new foreword by George F. Will strikingly shows the book’s continued relevance, while a substantial new afterword by Rauch elaborates upon his original argument and brings it fully up to date. Two decades after the book’s initial publication, while some progress has been made, the regulation of hate speech has grown domestically—especially in American universities—and has spread even more internationally, where there is no First Amendment to serve as a meaningful check. But the answer to bias and prejudice, Rauch argues, is pluralism—not purism. Rather than attempting to legislate bias and prejudice out of existence or to drive them underground, we must pit them against one another to foster a more vigorous and fruitful discussion. It is this process that has been responsible for the growing acceptance of the moral acceptability of homosexuality over the last twenty years. And it is this process, Rauch argues, that will enable us as a society to replace hate with knowledge, both ethical and empirical.
“It is a melancholy fact that this elegant book, which is slender and sharp as a stiletto, is needed, now even more than two decades ago. Armed with it, readers can slice through the pernicious ideas that are producing the still-thickening thicket of rules, codes, and regulations restricting freedom of thought and expression.”—George F. Will, from the foreword
This fast-paced narrative begins with earlier settlers’ stunningly unsuccessful efforts to create a Christian paradise, and concludes with the presidencies of Washington, Adams, Jefferson, and Madison, during which the men who had devised lofty principles regarding the proper relationship between church and state struggled to practice what they’d preached. We see how religion helped cause, and fuel, the Revolutionary War, and how the surprising alliance between Enlightenment philosophers such as Jefferson and Madison and evangelical Christians resulted in separation of church and state.
As the drama unfolds, Founding Faith vividly describes the religious development of five Founders. Benjamin Franklin melded the morality-focused Puritan theology of his youth and the reason-based Enlightenment philosophy of
his adulthood. John Adams’s pungent views on religion–hatred of the Church of England and Roman Catholics–stoked his revolutionary fervor and shaped his political strategy. George Washington came to view religious tolerance as a military necessity. Thomas Jefferson pursued a dramatic quest to “rescue” Jesus, in part by editing the Bible. Finally, it was James Madison–the tactical leader of the battle for religious freedom–who crafted an integrated vision of how to prevent tyranny while encouraging religious vibrancy.
The spiritual custody battle over the Founding Fathers and the role of religion in America continues today. Waldman provocatively argues that neither side in the culture war has accurately depicted the true origins of the First Amendment. He sets the record straight, revealing the real history of religious freedom to be dramatic, unexpected, paradoxical, and inspiring.
An interactive library of the key writings by the Founding Father, on separation of church and state, personal faith, and religious liberty can be found at www.beliefnet.com/foundingfaith.
Two new chapters have been added on Searches by Dogs (featuring United States v. Place, Illinois v. Caballes, Florida v. Harris, and Florida v. Jardines) and Computer/Cell Phone Searches (featuring Riley v. California).
Additional new cases include:
• In Chapter 4, covering Arrests and Other Seizures of Persons: Bailey v. United States
• In Chapter 5, covering Seizures of Things: Missouri v. McNeely and Maryland v. King
• In Chapter 6, covering Searches in General: Kentucky v. King
• In Chapter 8, covering Searches With Consent: Fernandez v. California
• In Chapter 9, covering Vehicle Stops and Searches: Navarette v. California
• In Chapter 12, covering Electronic Surveillance: United States v. Jones
• In Chapter 16, covering, Use of Force: Plumhoff v. Rickard
• In Chapter 17, covering Confessions and Admissions: Cases Affirming Miranda: J.D.B v. North Carolina
• In Chapter 18, covering Confessions and Admissions: Cases Weakening Miranda: Salinas v. Texas
• In Chapter 23, covering Legal Liabilities: Messerschmidt v. Millender
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.
We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.
Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president.
From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans.
We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.
Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Every student of law and society knows this book, and it is available again with a new Foreword by Candace McCoy and a new Preface by the author. Fifty years after his innovative research began, the continuity and change of policing and law is seen again, in all its richness and nuance. Also available in new paperback and hardcover printings of the Fourth Edition, by Quid Pro Books.
For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic?
The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.
In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution.
From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.
A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation.
"Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution."—Appellate Practice Journal and Update
This is the book you want to keep with you at all times: the full text of the Declaration of Independence and the Constitution, the two documents that are the backbone of United States government. Reading them as they were written is a must for every American. Regular reading is required for any historian or member of the legal profession, and a good idea for all Americans.
Acclaimed Constitutional scholar Paul Skousen, author of How to Read the Constitution, frames this simple text with a brief preface and a summary of important facts about these two documents, including important dates, for the ultimate quick reference. Throughout the text of the Constitution, he provides a clear guide to parts that became invalid due to later amendments, making the current meaning clear. Without intruding on the meaning, Skousen gives you a great tool for understanding our most basic principles of good government. An inspiring introduction by New York Times best-selling author Dan Clark will put you in the right frame of mind to read and appreciate these great documents.
This handy guide can become your best friend, and you'll want to keep a copy nearby. Fortunately, this little book will easily fit into your pocket or briefcase, top desk drawer, or iPad case. You'll may find you want to have extra copies around to hand out, too. Here is your chance to become an expert on two of the most important documents that shaped our country!
In a new afterword, Levinson looks at the deepening of constitutional worship and attributes the current widespread frustrations with the government to the static nature of the Constitution.
In Freedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America's great founding ideas.
Scalia Dissents contains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy.
Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.
This book brings together for the first time the writings of tribal reform leaders, academics, and legal practitioners to offer a comprehensive overview of American Indian nations' constitutional reform processes and the rebuilding of native nations. The book is organized in three sections. The first part investigates the historical, cultural, economic, and political motivations behind American Indian nations' recent reform efforts. The second part examines the most significant areas of reform, including criteria for tribal membership/citizenship and the reform of governmental institutions. The book concludes with a discussion of how American Indian nations are navigating the process of reform, including overcoming the politics of reform, maximizing citizen participation, and developing short-term and long-term programs of civic education.
Four similar beard-cutting attacks followed, disfiguring nine victims and generating a tsunami of media coverage. While pundits and late-night talk shows made light of the attacks and poked fun at the Amish way of life, FBI investigators gathered evidence about troubling activities in a maverick Amish community near Bergholz, Ohio—and the volatile behavior of its leader, Bishop Samuel Mullet.
Ten men and six women from the Bergholz community were arrested and found guilty a year later of 87 felony charges involving conspiracy, lying, and obstructing justice. In a precedent-setting decision, all of the defendants, including Bishop Mullet and his two ministers, were convicted of federal hate crimes. It was the first time since the 2009 passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act that assailants had been found guilty for religiously motivated hate crimes within the same faith community.
Renegade Amish goes behind the scenes to tell the full story of the Bergholz barbers: the attacks, the investigation, the trial, and the aftermath. In a riveting narrative reminiscent of a true crime classic, scholar Donald B. Kraybill weaves a dark and troubling story in which a series of violent Amish-on-Amish attacks shattered the peace of these traditionally nonviolent people, compelling some of them to install locks on their doors and arm themselves with pepper spray.
The country’s foremost authority on Amish society, Kraybill spent six months assisting federal prosecutors with the case against the Bergholz defendants and served as an expert witness during the trial. Informed by trial transcripts and his interviews of ex-Bergholz Amish, relatives of Bishop Mullet, victims of the attacks, Amish leaders, and the jury foreman, Renegade Amish delves into the factors that transformed the Bergholz Amish from a typical Amish community into one embracing revenge and retaliation.
Kraybill gives voice to the terror and pain experienced by the victims, along with the deep shame that accompanied their disfigurement—a factor that figured prominently in the decision to apply the federal hate crime law. Built on Kraybill’s deep knowledge of Amish life and his contacts within many Amish communities, Renegade Amish highlights one of the strangest and most publicized sagas in contemporary Amish history.-- Laura Miller
"Though admittedly a valuable and able study, Rawle's View of the Constitution stirred up controversy. Rawle himself was a Federalist, but his studies in government had led him to the judgment that the Union was not irrevocable. His final chapter on "The Union" includes a detailed statement that the right of secession was necessary to the fundamental right of a people to choose their own form of government. (. . .) In several ways, Rawle may be considered as providing the transitional step between the North and the South. His View was published midway between the inauguration of the Federal Government and the outbreak of the War Between the States." --Elizabeth Kelley Bauer, Commentaries on the Constitution, 1790-1860 63).
WILLIAM RAWLE [1759-1836] was a pillar of Pennsylvania's legal establishment and a highly regarded attorney and educator. In 1791 President George Washington appointed him the U.S. district attorney for Pennsylvania. In 1830 Rawle helped revise the civil code of Pennsylvania.
In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.
Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.
The nation's enduring ambivalence and the price it pays in less than consistent constitutional interpretations on racial questions is both enlightening and disturbing. The questions, of course, are at the heart of a democracy and involve personhood, citizenship, liberty, and equality. The Constitution and Race will be valuable to political scientists, historians, sociologists, lawyers, and students.
Among the subjects covered here are the origins of legal inequality for African Americans in the aftermath of the Civil War; the role of the U.S. Supreme Court in weakening constitutional protections against discrimination established in the 13th, 14th, and 15th Amendments; the white justification of segregation; and the extreme brutality of Jim Crow's defenders. Equally important, readers will learn about the psychological, political, social, and economic costs endured by the victims of Jim Crow inequality, as well as about the motivations, rejections, and successes faced by those who stood against these abominations.
In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5–4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama.
On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's “legacy”—his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional.
Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey—including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's “unprecedented” law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
With The Second Amendment Primer, Les Adams finally provides an accessible discussion of the Second Amendment. It is a “primer” because it is elementary. Chronologically arranged, it traces the development of the right to keep and bear arms from its birth in ancient Greece to its addition in the U.S. Constitution. Supplemental essays discuss the Second Amendment’s interpretation in today’s world from the viewpoints of both firearms enthusiasts as well as those who would limit the amendment’s purview.
Although The Second Amendment Primer is aimed at the average reader, Adams’s facts are detailed and well-documented. Reference margin notes, an extensive bibliography, and a comprehensive subject index showcase the author’s research and show more curious readers how to continue on their path to understanding exactly what the Second Amendment is saying. Using this “citizen’s guide” as a stepping stone, anyone can become a successful scholar of the right to bear arms.
In Notorious H.I.V. Thomas Shevory sorts through the ensuing media panic and legal imbroglio to tell the story behind the Nushawn Williams case. Through media reports, legal documents, and interviews with many of the participants-including Williams, who eventually pled guilty to reckless endangerment and statutory rape charges and is currently serving time in a maximum security prison in New York-Shevory exposes the significant exaggerations, misunderstandings, and distortions that riddled the Williams case from the start. He contends that Williams's portrayal as an "AIDS monster" served political purposes; specifically, representations of Williams helped to foster the passage of HIV-transmission statutes, resulting in criminalizing a public health problem in a virtually unprecedented fashion.
Notorious H.I.V. also traces the impact of such high-profile cases on communities. Shevory provides a nuanced portrait of the hard economic and cultural realities of Jamestown, New York, and, drawing on Williams's narratives, of the life of a lower-level drug dealer in a small upstate city. His work shows how media coverage robs individuals like Williams of their humanity, creating a pervasive atmosphere of threat that warps the integrity and fairness of the criminal justice and penalsystem.
Thomas Shevory is professor of politics at Ithaca College. His previous books include John Marshall's Law: Interpretation, Ideology, and Interest and Body/Politics: Studies in Reproduction, Production, and Reconstruction.