English Constitutional History

From the Pulitzer Prize-winning scholar, a timely history of the constitutional changes that built equality into the nation's foundation and how those guarantees have been shaken over time.

What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop.

In A Constitutional Culture, Adrian Chastain Weimer uncovers the story of how more than a hundred years before the American Revolution, colonists pledged their lives and livelihoods to the defense of local political institutions against arbitrary rule.

In this groundbreaking portrait of corporate seizure of political power, We the Corporations reveals how American businesses won equal rights and transformed the Constitution to serve the ends of capital. Corporations - like minorities and women - have had a civil rights movement of their own and now possess nearly all the same rights as ordinary people. Uncovering the deep historical roots of Citizens United, Adam Winkler shows how that controversial 2010 Supreme Court decision was the capstone of a 200-year battle....

A. C. Grayling makes the case for a clear, consistent, principled, and written constitution, and sets out the reforms necessary - among them addressing the imbalance of power between government and Parliament, imposing fixed terms for MPs, introducing proportional representation, and lowering the voting age to 16 (the age at which you can marry, gamble, join the army, and must pay taxes if you work) - to ensure the intentions of such a constitution could not be subverted or ignored.

Do you really want the crooked baby-kissers and fake news to tell you what your rights are? Wouldn’t you rather discover them for yourself? The founders fought tirelessly to guarantee these God-given rights to life, liberty, and the pursuit of happiness. But let’s face it - the Bill of Rights is hard to understand. Its text is flowery and puzzling. It’s full of legal and political jargon.

In the past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that crashed and burned in the 1930s: court packing. Today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt—fresh off a landslide victory—stunned the country when he proposed a plan to expand the size of the court by up to six justices.

The New York Times best-selling author of George Washington's Secret Six and Thomas Jefferson and the Tripoli Pirates turns to two other heroes of the nation: Abraham Lincoln and Frederick Douglass. In The President and the Freedom Fighter, Brian Kilmeade tells the little-known story of how two American heroes moved from strong disagreement to friendship, and in the process changed the entire course of history.

For the first time, a collection of dissents from the most famous Supreme Court cases. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential listening for anyone interested in American history.

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.

By 1787, it became evident that the Articles of Confederation were inadequate for the new nation. With these problems hampering the national government under the Articles of Confederation and the threat of default on the nation's massive war debt looming, plans began being made to fix the problems of the Articles of Confederation. Thus, that summer, a Constitutional convention was called, and each state sent delegates to Philadelphia. Among the delegates were prominent patriots and former members of the Continental Congress, including George Washington and Benjamin Franklin.

The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.

Forces, foreign and domestic, are attacking the United States and her Constitution. Their goal? To undermine our founding history and national character. The Declaration of Independence claimed our rights; the Constitution defends them. To stand against tyrannical forces that seek to destroy our freedom, we must learn from history.

Since America's founding, the US Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute.

Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Anthony Michael Kreis explains how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements.

Thirty-five states have ratified the 19th Amendment, 12 have rejected or refused to vote and one last state is needed. It all comes down to Tennessee, the moment of truth for the suffragists, after a seven-decade crusade. The opposing forces include politicians with careers at stake, liquor companies, railroad magnates and a lot of racists who don't want black women voting. And then there are the 'Antis' - women who oppose their own enfranchisement, fearing suffrage will bring about the moral collapse of the nation.

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren Court declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet conservative critics have fiercely accused the justices of the Warren Court of abusing their authority....

In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.

Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.

Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.