Robert Tsai’s history invites readers into the circle of defiant groups who refused to accept the Constitution’s definition of who “We the People” are and how their authority should be exercised. It is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists.
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Continuation of Part One. Monroe to Lincoln, each president a chapter. The struggle between Jeffersonianism and Hamiltonianism continues, but slavery warps the debate. Westward expansion, tariffs and free trade vs. government/business collusion. The Great Awakening. John Quincy Adams. Marshall, Clay, and Lincoln. Jackson and Van Buren. And finally, Puritans and Cavaliers dispute once again their deep cultural divide in another great and terrible civil war on a new continent. CONTACT: [email protected]
The still-unfolding story of America’s Constitution is a history of heroes and villains—the flawed visionaries who inspired and crafted liberty’s safeguards, and the shortsighted opportunists who defied them. Those stories are known by few today. In Our Lost Constitution, Senator Mike Lee tells the dramatic, little-known stories behind six of the Constitution’s most indispensible provisions. He shows their rise. He shows their fall. And he makes vividly clear how nearly every abuse of federal power today is rooted in neglect of this Lost Constitution. For example: • The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare. • The Fourth Amendment protects us against unreasonable searches and seizures, but the NSA now collects our private data without a warrant. • The Legislative Powers Clause means that only Congress can pass laws, but unelected agencies now produce ninety-nine out of every one hundred pages of legal rules imposed on the American people. Lee’s cast of characters includes a former Ku Klux Klansman, who hijacked the Establishment Clause to strangle Catholic schools; the Chief Justice of the Supreme Court, who called the Second Amendment a fraud; and the revered president who began his first of four terms by threating to shatter the balance of power between Congress and the president, and who began his second term by vowing to do the same to the Supreme Court. Fortunately, the Constitution has always had its defenders. Senator Lee tells the story of how Andrew Jackson, noted for his courage in duels and politics, stood firm against the unconstitutional expansion of federal powers. He brings to life Ben Franklin’s genius for compromise at a deeply divided constitutional convention. And he tells how in 2008, a couple of unlikely challengers persuaded the Supreme Court to rediscover the Second Amendment’s right to keep and bear arms. Sections of the Constitution may have been forgotten, but it’s not too late to bring them back—if only we remember why we once demanded them and how we later lost them. Drawing on his experience working in all three branches of government, Senator Lee makes a bold case for resurrecting the Lost Constitution to restore and defend our fundamental liberties.
By offering a documented listing of names of African Americans and Native Americans who supported the cause of the American Revolution, we hope to inspire the interest of descendents in the efforts of their ancestors and in the work of the National Society of the Daughters of the American Revolution.
This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
In The Constitutional Legacy of Forgotten Presidents, eminent constitutional scholar Michael Gerhardt tells the stories of thirteen presidents whom most Americans do not remember and scholars think had no constitutional impact, among them Chester Arthur, Martin Van Buren, and William Howard Taft. As Gerhardt shows, our forgotten presidents played crucial roles in laying some of the groundwork followed by Lincoln and other modern presidents, as well as providing examples for future lawmakers of constitutional choices to avoid.
“The solution for the modern GOP . . . Intellectual ammunition for the modern conservative movement.” —SENATOR RAND PAUL How can America recover from economic stagnation, moral exhaustion, and looming bankruptcy? Donald J. Devine shows the way. Devine, a longtime adviser to Ronald Reagan, lays out a powerful case for the philosophical synthesis of freedom and tradition that Reagan said was the essence of modern conservatism. The secret of America’s success, he shows, has been the Constitution’s capacity to harmonize the twin ideals of freedom and tradition. But today, progressivism has so corrupted modern political thinking—in both parties—that leaders keep calling for the same failed tactics: more money poured into more big-government programs. In America’s Way Back, Devine not only reveals where things went wrong, and why, but also points the way to reclaiming America’s freedom, prosperity, and creativity. The solution lies in a new “fusion” of traditional and libertarian thought.
Americans are losing touch with reality. On virtually every issue, from climate change to immigration, tens of millions of Americans have opinions and beliefs wildly at odds with fact, rendering them unable to think sensibly about politics. In How America Lost Its Mind, Thomas E. Patterson explains the rise of a world of “alternative facts” and the slow-motion cultural and political calamity unfolding around us. We don’t have to search far for the forces that are misleading us and tearing us apart: politicians for whom division is a strategy; talk show hosts who have made an industry of outrage; news outlets that wield conflict as a marketing tool; and partisan organizations and foreign agents who spew disinformation to advance a cause, make a buck, or simply amuse themselves. The consequences are severe. How America Lost Its Mind maps a political landscape convulsed with distrust, gridlock, brinksmanship, petty feuding, and deceptive messaging. As dire as this picture is, and as unlikely as immediate relief might be, Patterson sees a way forward and underscores its urgency. A call to action, his book encourages us to wrest institutional power from ideologues and disruptors and entrust it to sensible citizens and leaders, to restore our commitment to mutual tolerance and restraint, to cleanse the Internet of fake news and disinformation, and to demand a steady supply of trustworthy and relevant information from our news sources. As philosopher Hannah Arendt wrote decades ago, the rise of demagogues is abetted by “people for whom the distinction between fact and fiction, true and false, no longer exists.” In How America Lost Its Mind, Thomas E. Patterson makes a passionate case for fully and fiercely engaging on the side of truth and mutual respect in our present arms race between fact and fake, unity and division, civility and incivility.
