English Constitutional History

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.

From the admired judicial authority, author of Louis D. Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States.

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.

In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.

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....

Are you worried that your Second Amendment rights will be taken away? Are you sick of patronizing politicians, celebrities, and media pundits claiming you don’t have the right to own guns? Do you want to know the real story of the Second Amendment, so you can decide what it means for yourself? The Second Amendment Manifesto is for you. In true stories stretching from ancient Greece to modern-day America, you’ll quickly discover how the Second Amendment came to be, why it’s worth protecting, and what you can do to defend it right now.

The Panic of 1819 tells the story of the first nationwide economic collapse to strike the United States. Much more than a banking crisis or real estate bubble, the Panic was the culmination of an economic wave that rolled through the United States, forming before the War of 1812, cresting with the land and cotton boom of 1818, and crashing just as the nation confronted the crisis over slavery in Missouri.

A harsh and revealing political exposé of two beloved presidents. Judge Andrew P. Napolitano reveals how Teddy Roosevelt, a bully, and Woodrow Wilson, a constitutional scholar, each pushed aside the Constitution’s restrictions on the federal government and used it as an instrument to redistribute wealth, regulate personal behavior, and enrich the government. Theodore and Woodrow exposes two of our nation’s most beloved presidents and how they helped speed the Progressive cause on its merry way.

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.

Though the Constitution was ratified in 1788, its impact on our lives is as recent as today's news. Informed by the latest scholarship and exploring the major themes that have shaped American constitutional history: federalism, the balance of powers, property, representation, equality, rights, and security, this book places constitutional history within the context of American political and social history. As our nation's circumstances have changed, so has our Constitution.

Though published in 1867 when the British Empire was approaching its height, Walter Bagehot’s essay "The English Constitution" is not only one of the great political classics but is also an unquestionably relevant document for our times. Despite the passing of more than 150 years, despite huge changes in enfranchisement, in attitudes and in world order, this fascinating document prompts us to re-evaluate the process of government - wherever we live. And what is more, it is written with grace, elegance - and wit!

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.

In the waning days of his presidency, in January 1801, John Adams made some historic appointments to preserve his Federalist legacy. Foremost among them, he named his secretary of state, John Marshall, Chief Justice of the Supreme Court--neither of them anticipating that Marshall would soon need to decide the most crucial case in Supreme Court history--Marbury vs. Madison. The Activist is the story of that case and its impact on American history. It revolved around a suit brought by Federalist William Marbury and 3 others that unwittingly set off a Constitutional debate that has ...

Fifty-five men came to Philadelphia May of 1787 with a congressional charter to revise the Articles of Confederation. Instead they founded the longest lasting republic in world history. Constituting America Book List and Glenn Beck Book List Tempest at Dawn tells their story.

This is the first comprehensive study of the history and evolution of American indecent exposure laws. The study informs a critical analysis of the role of courts as custos morum, or custodian of the morals. It contains a detailed constitutional analysis of legal management of morality. The laws are a cornerstone of government regulation of morals, with roots tracing back to seventeenth century English and American cases, laws, and regulations. The state interests protected by indecent exposure laws focus on deterring public behaviors contrary to prevailing moral order and protecting the ...

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.

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.

Some people think Donald Trump makes it up as he goes along. On the contrary, he falls squarely in line with contemporary pragmatism. This book is a critical assessment of his policies and "solutions" and connects him to the common pool of philosophical ideas which influence our culture. A sobering assessment of how pragmatism fails to deliver.

On December 4, 1865, members of the 39th United States Congress walked into the Capitol Building to begin their first session after the end of the Civil War. They understood their responsibility to put the nation back on the path established by the American Founding Fathers. Author Forrest A. Nabors shows that the ultimate goal of the Republican Party, the war, and Reconstruction was the same. This goal was to preserve and advance republicanism as the American founders understood it, against its natural, existential enemy: oligarchy.

You are there, in 1787 at America's constitutional convention, with the inside story as veteran print and broadcast journalist Jeffrey St. John "reports" each day's proceedings, flavoring his dispatches with quotes from private correspondence and notes of the delegates.