Near the end of the Second World War, the United States made a bold strategic gambit that rewired the international system. Empires were abolished and replaced by a global arrangement enforced by the U.S. Navy. With all the world's oceans safe for the first time in history, markets and resources were made available for everyone. Enemies became partners.
We think of this system as normal-it is not. We live in an artificial world on borrowed time.
In THE ACCIDENTAL SUPERPOWER, international strategist Peter Zeihan examines how the hard rules of geography are eroding the American commitment to free trade; how much of the planet is aging into a mass retirement that will enervate markets and capital supplies; and how, against all odds, it is the ever-ravenous American economy that-alone among the developed nations-is rapidly approaching energy independence. Combined, these factors are doing nothing less than overturning the global system and ushering in a new (dis)order.
For most, that is a disaster-in-waiting, but not for the Americans. The shale revolution allows Americans to sidestep an increasingly dangerous energy market. Only the United States boasts a youth population large enough to escape the sucking maw of global aging. Most important, geography will matter more than ever in a de-globalizing world, and America's geography is simply sublime.
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.
The Founders created a new cultural climate that gave wings to the human spirit. They built a free-enterprise culture to encourage industry and prosperity. They gave humanity the needed ingredients for a gigantic 5,000-year leap in which more progress has been made in the past 200 years than all of prior recorded human history. All of this came about because of 28 basic principles the Founders discovered, upon which all free nations must be built in order to succeed.
This eBook includes the original index, footnotes, table of contents and page numbering from the printed format, and also new illustrations.
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.
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.
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.
The U.S. tax code is a total write-off. Crammed with loopholes and special interest provisions, it works for no one except tax lawyers, accountants, and huge corporations. Not for the first time, we have reached a breaking point. That happened in 1922, and again in 1954, and again in 1986. In other words, every thirty-two years. Which means that the next complete overhaul is due in 2018. But what should be in this new tax code? Can we make the U.S. tax system simpler, fairer, and more efficient? Yes, yes, and yes. Can we cut tax rates and still bring in more revenue? Yes.
Other rich countries, from Estonia to New Zealand to the UK—advanced, high-tech, free-market democracies—have all devised tax regimes that are equitable, effective, and easy on the taxpayer. But the United States has languished. So byzantine are the current statutes that, by our government’s own estimates, Americans spend six billion hours and $10 billion every year preparing and filing their taxes. In the Netherlands that task takes a mere fifteen minutes! Successful American companies like Apple, Caterpillar, and Google effectively pay no tax at all in some instances because of loopholes that allow them to move profits offshore. Indeed, the dysfunctional tax system has become a major cause of economic inequality.
In A Fine Mess, T. R. Reid crisscrosses the globe in search of the exact solutions to these urgent problems. With an uncanny knack for making a complex subject not just accessible but gripping, he investigates what makes good taxation (no, that’s not an oxymoron) and brings that knowledge home where it is needed most. Never talking down or reflexively siding with either wing of politics, T. R. Reid presses the case for sensible root-and-branch reforms with a companionable ebullience. This affects everyone. Doing our taxes will never be America's favorite pastime, but it can and should be so much easier and fairer.
It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge.
To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?
While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world.
Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
From the Hardcover edition.
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
The book describes the ways in which a shared Confucian tradition and particular historical experiences of imperialism and war have affected each country's internal dynamics, responses to the outside world, and distinctive political developmental trajectory, especially since World War II.
While the book is structured to facilitate comparisons, it avoids the limitations of most comparative politics texts by focusing less on Western conceptions of state and governance and more on East Asian perspectives of the universe and how it operates. Even the considerations of contemporary policy issues in each country are cast in a wider framework that gives the discussion enduring value.
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 the Trade Paperback edition.
Things have been just a little awkward between Britain and France ever since the Norman invasion in 1066. Fortunately—after years of humorously chronicling the vast cultural gap between the two countries—author Stephen Clarke is perfectly positioned to investigate the historical origins of their occasionally hostile and perpetually entertaining pas de deux.
Clarke sets the record straight, documenting how French braggarts and cheats have stolen credit rightfully due their neighbors across the Channel while blaming their own numerous gaffes and failures on those same innocent Brits for the past thousand years. Deeply researched and written with the same sly wit that made A Year in the Merde a comic hit, this lighthearted trip through the past millennium debunks the notion that the Battle of Hastings was a French victory (William the Conqueror was really a Norman who hated the French) and pooh-poohs French outrage over Britain’s murder of Joan of Arc (it was the French who executed her for wearing trousers). He also takes the air out of overblown Gallic claims, challenging the provenance of everything from champagne to the guillotine to prove that the French would be nowhere without British ingenuity.
Brits and Anglophiles of every national origin will devour Clarke’s decidedly biased accounts of British triumph and French ignominy. But 1000 Years of Annoying the French will also draw chuckles from good-humored Francophiles as well as “anyone who’s ever encountered a snooty Parisian waiter or found themselves driving on the Boulevard Périphérique during August” (The Daily Mail). A bestseller in Britain, this is an entertaining look at history that fans of Sarah Vowell are sure to enjoy, from the author the San Francisco Chronicle has called “the anti-Mayle . . . acerbic, insulting, un-PC, and mostly hilarious.”
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!
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.
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.
Organized in parallel fashion to facilitate cross-national comparison, the sections on each nation address several topical areas of inquiry: political culture and heritage, government structure and institutions, political parties and leaders, conflict and resolution, and modernization and development. A statistical appendix provides a concise overview of leading demographic and economic indicators for each country, making Government and Politics in South Asia an invaluable addition to courses on the politics of South Asia.
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.
Using a wide array of archival and documentary sources from three continents, Lüthi presents a richly detailed account of Sino-Soviet political relations in the 1950s and 1960s. He explores how Sino-Soviet relations were linked to Chinese domestic politics and to Mao's struggles with internal political rivals. Furthermore, Lüthi argues, the Sino-Soviet split had far-reaching consequences for the socialist camp and its connections to the nonaligned movement, the global Cold War, and the Vietnam War.
The Sino-Soviet Split provides a meticulous and cogent analysis of a major political fallout between two global powers, opening new areas of research for anyone interested in the history of international relations in the socialist world.
Intelligence Analysis proposes substantive improvements in the way the U.S. national security system interprets intelligence, drawing on the groundbreaking work of theorists ranging from Carl von Clauswitz and Sun Tzu to M. Mitchell Waldrop, General David Petraeus, Richards Heuer, Jr., Orson Scott Card, and others. The new ideas presented here will help the nation to amass a formidable, cumulative intelligence power, with distinct advantages over any and all adversaries of the future regardless of the level of war or type of operational environment.
Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power.
The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.