Due to a combination of heightened frustration, moves to skirt the constitutional process, and a widespread disconnect between the people and their constitutional "conscience," Lane and Oreskes warn us our longstanding Democracy is at risk. Together, they examine the Constitution's history relative to this current crisis, from its framing to its centuries-long success, including during some of the country's most turbulent and contentious times, and challenge us to let this great document work as it was designed-valuing political process over product. They hold our leaders accountable, calling on them to stop fanning the flames of division and to respect their institutional roles. In the final assessment, The Genius of America asks us to lean on the framers and their experience to secure our country's wellbeing.
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
One of the New York Times’s Best Books of the 21st Century Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 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.
A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
