In this groundbreaking book on one of the world's greatest economic crises, Hacker and Pierson explain why the richest of the rich are getting richer while the rest of the world isn't.
The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Washington is big business. John B. Judis, a senior editor for the New Republic, onducts an instructive tour through this corridor of money and power in this work. Cutting to the heart of today's debate, it recommends what we can do to fix our broken system.
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
A startling and gripping reexamination of the Jim Crow era, as seen through the eyes of some of the most important American writers "Walker has opened up a fresh way of thinking about the intellectual history of the South during the civil-rights movement."—Robert Greene, The Nation In this dramatic reexamination of the Jim Crow South, Anders Walker demonstrates that racial segregation fostered not simply terror and violence, but also diversity, one of our most celebrated ideals. He investigates how prominent intellectuals like Robert Penn Warren, James Baldwin, Eudora Welty, Ralph Ellison, Flannery O’Connor, and Zora Neale Hurston found pluralism in Jim Crow, a legal system that created two worlds, each with its own institutions, traditions, even cultures. The intellectuals discussed in this book all agreed that black culture was resilient, creative, and profound, brutally honest in its assessment of American history. By contrast, James Baldwin likened white culture to a “burning house,” a frightening place that endorsed racism and violence to maintain dominance. Why should black Americans exchange their experience for that? Southern whites, meanwhile, saw themselves preserving a rich cultural landscape against the onslaught of mass culture and federal power, a project carried to the highest levels of American law by Supreme Court justice and Virginia native Lewis F. Powell, Jr. Anders Walker shows how a generation of scholars and judges has misinterpreted Powell’s definition of diversity in the landmark case Regents v. Bakke, forgetting its Southern origins and weakening it in the process. By resituating the decision in the context of Southern intellectual history, Walker places diversity on a new footing, independent of affirmative action but also free from the constraints currently placed on it by the Supreme Court. With great clarity and insight, he offers a new lens through which to understand the history of civil rights in the United States.