History

The Supreme Court

The Personalities and Rivalries That Defined America

Author: Jeffrey Rosen

Publisher: Macmillan

ISBN: 9780805081824

Category: History

Page: 274

View: 8475

A compelling character-driven history of the Supreme Court traces its evolution from the perspective of the personal, philosophical, political, and judicial rivalries on the bench that transformed the law--from the conflict between Chief Justice John Marshall and Thomas Jefferson, to present-day tensions between conservatives William H. Rehnquist and Antonin Scalia. 75,000 first printing.
Political Science

A People's History of the Supreme Court

The Men and Women Whose Cases and Decisions Have Shaped OurConstitution: Revised Edition

Author: Peter Irons

Publisher: Penguin

ISBN: 9781101503133

Category: Political Science

Page: 576

View: 9694

A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)
Law

The Most Democratic Branch

How the Courts Serve America

Author: Jeffrey Rosen

Publisher: Oxford University Press

ISBN: 9780195346602

Category: Law

Page: 256

View: 4615

Many critics attack federal judges as anti-democratic elitists, activists out of step with the mainstream of American thought. But others argue that judges should stand alone as the ultimate guardians of American values, placing principle before the views of the people. In The Most Democratic Branch, Jeffrey Rosen disagrees with both assertions. Contrary to what interest groups may claim, he contends that, from the days of John Marshall right up to the present, the federal courts by and large have reflected the opinions of the mainstream. More important, he argues that the Supreme Court is most successful when it defers to the constitutional views of the American people, as represented most notably by Congress and the Presidency. And on the rare occasion when they departed from the consensus, the result has often been a disaster. To illustrate, Rosen provides a penetrating look at some of the most important Supreme Court cases in American history--cases involving racial equality, affirmative action, abortion, gay rights and gay marriage, the right to die, electoral disputes, and civil liberties in wartime. Rosen shows that the most notorious constitutional decisions in American history--the ones that have been most strenuously criticized, such as Dred Scott or Roe v. Wade--have gone against mainstream opinion. By contrast, the most successful decisions--from Marbury v. Madison to Brown v. Board of Education--have avoided imposing constitutional principles over the wishes of the people. Rosen concludes that the judiciary works best when it identifies the constitutional principles accepted by a majority of Americans, and enforces them unequivocally as fundamental law. Jeffrey Rosen is one of the most respected legal experts writing today, a regular contributor to The New York Times Magazine and the Legal Affairs Editor of The New Republic. The provocative arguments that he puts forth here are bound to fuel heated debate at a time when the federal judiciary is already the focus of fierce criticism.
History

Peyote Vs. the State

Religious Freedom on Trial

Author: Garrett Epps

Publisher: University of Oklahoma Press

ISBN: 0806185554

Category: History

Page: 296

View: 7250

The story of the constitutional showdown over Native Americans’ religious use of peyote With the grace of a novel, this book chronicles the six-year duel between two remarkable men with different visions of religious freedom in America. Neither sought the conflict. Al Smith, a substance-abuse counselor to Native Americans, wanted only to earn a living. Dave Frohnmayer, the attorney general of Oregon, was planning his gubernatorial campaign and seeking care for his desperately ill daughters. But before this constitutional confrontation was over, Frohnmayer and Smith twice asked the U.S. Supreme Court to decide whether the First Amendment protects the right of American Indians to seek and worship God through the use of peyote. The Court finally said no. Garrett Epps tracks the landmark case from the humblest hearing room to the Supreme Court chamber—and beyond. This paperback edition includes a new epilogue by the author that explores a retreat from the ruling since it was handed down in 1990. Weaving fascinating legal narrative with personal drama, Peyote vs. the State offers a riveting look at how justice works—and sometimes doesn’t—in America today.
Political Science

Packing the Court

The Rise of Judicial Power and the Coming Crisis of the Supreme Court

Author: James Macgregor Burns

Publisher: Penguin

ISBN: 1101081902

Category: Political Science

Page: 336

View: 1908

From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.
History

Freedom for the Thought That We Hate

A Biography of the First Amendment

Author: Anthony Lewis

Publisher: Basic Books

ISBN: 0465012930

Category: History

Page: 240

View: 3953

More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America's culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment. 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.
Biography & Autobiography

Louis D. Brandeis

American Prophet

Author: Jeffrey Rosen

Publisher: Yale University Press

ISBN: 0300160445

Category: Biography & Autobiography

Page: 256

View: 4356

According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.
Political Science

The Most Dangerous Branch

Inside the Supreme Court's Assault on the Constitution

Author: David A. Kaplan

Publisher: Crown

ISBN: 1524759929

Category: Political Science

Page: 464

View: 2880

In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The next justice—replacing Anthony Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court – Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades – from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.
Political Science

The Naked Crowd

Reclaiming Security and Freedom in an Anxious Age

Author: Jeffrey Rosen

Publisher: Random House Trade Paperbacks

ISBN: 0375759859

Category: Political Science

Page: 286

View: 4304

Argues that in the effort to catch terrorists and prevent future terrorist attacks essential American rights to privacy and liberty are being violated and explains how legislation and technology can create an effective and reasonable balance between security and liberty.
Political Science

Supreme Conflict

The Inside Story of the Struggle for Control of the United States Supreme Court

Author: Jan Crawford Greenburg

Publisher: Penguin

ISBN: 9781594201011

Category: Political Science

Page: 340

View: 9274

Discusses recent ideological shifts within the Supreme Court, profiles controversial judges, and analyzes the changing role of judicial power in American government.
Law

Constitution 3.0

Freedom and Technological Change

Author: Jeffrey Rosen,Benjamin Wittes

Publisher: Brookings Institution Press

ISBN: 0815724500

Category: Law

Page: 271

View: 5836

"Explores the challenges to constitutional values posed by sweeping technological changes such as social networks, brain scans, and genetic selection and suggests ways of preserving rights, including privacy, free speech, and dignity in the age of Facebook and Google"--
Law

The Will of the People

How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution

Author: Barry Friedman

Publisher: Farrar, Straus and Giroux

ISBN: 9781429989954

Category: Law

Page: 624

View: 1536

In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.
Biography & Autobiography

The Partisan

The Life of William Rehnquist

Author: John A. Jenkins

Publisher: PublicAffairs

ISBN: 1586488872

Category: Biography & Autobiography

Page: 330

View: 7609

Follows Rehnquist's career as a young lawyer in Arizona through his journey to Washington though the Warren and Burger courts to his twenty-year tenure as a Supreme Court Chief Justice who favored government power over individual rights.

Supreme Court

Author: N.A

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 581

True Crime

Until Proven Innocent

Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case

Author: Stuart Taylor, Jr.,patrick gray

Publisher: Macmillan

ISBN: 9781429961097

Category: True Crime

Page: 432

View: 7127

What began that night shocked Duke University and Durham, North Carolina. And it continues to captivate the nation: the Duke lacrosse team members‘ alleged rape of an African-American stripper and the unraveling of the case against them. In this ever-deepening American tragedy, Stuart Taylor Jr. and KC Johnson argue, law enforcement, a campaigning prosecutor, biased journalists, and left-leaning academics repeatedly refused to pursue the truth while scapegoats were made of these young men, recklessly tarnishing their lives. The story harbors multiple dramas, including the actions of a DA running for office; the inappropriate charges that should have been apparent to academics at Duke many months ago; the local and national media, who were so slow to take account of the publicly available evidence; and the appalling reactions of law enforcement, academia, and many black leaders. Until Proven Innocent is the only book that covers all five aspects of the case (personal, legal, academic, political, and media) in a comprehensive fashion. Based on interviews with key members of the defense team, many of the unindicted lacrosse players, and Duke officials, it is also the only book to include interviews with all three of the defendants, their families, and their legal teams. Taylor and Johnson‘s coverage of the Duke case was the earliest, most honest, and most comprehensive in the country, and here they take the idiocies and dishonesty of right- and left-wingers alike head on, shedding new light on the dangers of rogue prosecutors and police and a cultural tendency toward media-fueled travesties of justice. The context of the Duke case has vast import and contains likable heroes, unfortunate victims, and memorable villains—and in its full telling, it is captivating nonfiction with broad political, racial, and cultural relevance to our times.
History

The Great Dissent

How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America

Author: Thomas Healy

Publisher: Picador

ISBN: 9781250058690

Category: History

Page: 352

View: 6143

No right seems more fundamental to American life than freedom of speech. Yet well into the twentieth century that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court Justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one’s political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.
Biography & Autobiography

In Chambers

Stories of Supreme Court Law Clerks and Their Justices

Author: Todd C. Peppers

Publisher: University of Virginia Press

ISBN: 0813932653

Category: Biography & Autobiography

Page: 445

View: 3841

Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist. In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III—write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.
Law

The Living Constitution

Author: David A. Strauss

Publisher: Oxford University Press

ISBN: 9780199752539

Category: Law

Page: 176

View: 5376

Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Political Science

The Brethren

Inside the Supreme Court

Author: Bob Woodward,Scott Armstrong

Publisher: Simon and Schuster

ISBN: 1439126348

Category: Political Science

Page: 592

View: 362

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.
Law

Abuse of Discretion

The Inside Story of Roe v. Wade

Author: Clarke D. Forsythe

Publisher: Encounter Books

ISBN: 1594036926

Category: Law

Page: 477

View: 7015

Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.