Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first black president and has witnessed the impressive advance of gay rights.
As a field, critical race theory has taken note of all these developments, and this primer does so as well. It not only covers a range of emerging new topics and events, it also addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study.
Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new questions for discussion, aimed at outlining practical steps to achieve this objective.
Stefancic and Delgado dramatize the plight of modern lawyers by exploring the unlikely friendship between Archibald MacLeish, who gave up a successful but unsatisfying law career to pursue his literary yearnings, and Ezra Pound. Reading the forty-year correspondence between MacLeish and Pound, Stefancic and Delgado draw lessons about the difficulties of attorneys trapped in worlds that give them power, prestige, and affluence but not personal satisfaction, much less creative fulfillment. Long after Pound had embraced fascism, descended into lunacy, and been institutionalized, MacLeish took up his old mentor’s cause, turning his own lack of fulfillment with the law into a meaningful crusade and ultimately securing Pound’s release from St. Elizabeths Hospital. Drawing on MacLeish’s story, Stefancic and Delgado contend that literature, public interest work, and critical legal theory offer tools to contemporary attorneys for finding meaning and overcoming professional dissatisfaction.
Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest book in the award-winning Rodrigo Chronicles. Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war.
In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.
In The Coming Race War?, Delgado turns his attention to the American racial landscape in the wake of the mid-term elections in 1994. Our political and racial topography has been radically altered. Affirmative action is being rolled back, immigrants continue to be targeted as the source of economic woes, and race is increasingly downplayed as a source of the nation's problems. Legal obstacles to racial equality have long been removed, we are told, so what's the problem?
And yet, the plight of the urban poor grows worse. The number of young black men in prison continues to exceed those in college. Informal racial privilege remains entrenched and systemic. Where, asks Delgado in this new volume, will this lead? Enlisting his fictional counterpart, Rodrigo Crenshaw, to untangle the complexities of America's racial future, Delgado explores merit and affirmative action; the nature of empathy and, more commonly, false empathy; and the limitations of legal change. Warning of the dangers of depriving the underprivileged of all hope and opportunity, Delgado gives us a dark future in which an indignant white America casts aside, once and for all, the spirit of the civil rights movement, with disastrous results.
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.
In The Rodrigo Chronicles, Delgado, adopting his trademark storytelling approach, casts aside the dense, dry language so commonly associated with legal writing and offers up a series of incisive and compelling conversations about race in America. Rodrigo, a brash and brilliant African-American law graduate has been living in Italy and has just arrived in the office of a professor when we meet him. Through the course of the book, the professor and he discuss the American racial scene, touching on such issues as the role of minorities in an age of global markets and competition, the black left, the rise of the black right, black crime, feminism, law reform, and the economics of racial discrimination.
Expanding on one of the central themes of the critical race movement, namely that the law has an overwhelmingly white voice, Delgado here presents a radical and stunning thesis: it is not black, but white, crime that poses the most significant problem in modern American life.
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.
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.
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
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.
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 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.
As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor.
The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
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 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
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.
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.
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
It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom.
Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.
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.
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.
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.
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.
"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.
Claim of Privilege is a mesmerizing true account of a shameful incident and its lasting impact on our nation—the gripping story of a courageous fight to right a past wrong and a powerful indictment of governmental abuse in the name of national security.
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.