Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.

The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck.

The conventional wisdom about Felix Frankfurter―Harvard law professor and Supreme Court justice―is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true.

America is undergoing a massive experiment: It is moving, in fits and starts, toward a multiracial democracy, something few societies have ever done. But the prospect of change has sparked an authoritarian backlash that threatens the very foundations of our political system. Why is democracy under assault here, and not in other wealthy, diversifying nations? And what can we do to save it?

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. Legal reforms gradually brought an end to traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people's rights.

In recent years, the high-profile murders of George Floyd, Breonna Taylor, and so many others have brought much-needed attention to the pervasiveness of police misconduct. Yet it remains nearly impossible to hold police accountable for abuses of power—the decisions of the Supreme Court, state and local governments, and policy makers have, over decades, made the police all but untouchable. In Shielded, University of California, Los Angeles, law professor Joanna Schwartz exposes the myriad ways in which our legal system protects police at all costs.

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.

Legal scholar Daniel S. Medwed argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration. Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, Barred exposes how the system is stacked against the innocent—and makes a powerful call for change.

Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is—because it reveals who governs us. Who Decides makes the case that Constitutional Law should account for the role of the state courts and constitutions, together with the federal courts and constitution, in assessing the right balance of power among all branches of government.

Drawing on a wealth of untapped archival materials and the reports of generations of family members - mayors, judges, scholars, diplomats, and journalists - The Hundred Years' War on Palestine upends accepted interpretations of the conflict, which tend, at best, to describe a tragic clash between two peoples with claims to the same territory. Instead, Khalidi traces a hundred years of colonial war on the Palestinians, waged first by the Zionist movement and then Israel, but backed by Britain and the United States, the great powers of the age.

In Lady Justice, Dahlia Lithwick, one of the nation’s foremost legal commentators, illuminates these many heroes of the Trump years. From Sally Yates and Becca Heller, who fought the Muslim travel ban, to Roberta Kaplan, who sued the neo-Nazis in Charlottesville, to Stacey Abrams, who worked to protect the voting rights of millions of Georgians, Lithwick dramatizes in thrilling detail the women lawyers who worked tirelessly to hold the line against the most chaotic presidency in living memory.

Is a fight against equality and for privilege a fight for religious supremacy? Andrew L. Seidel, a constitutional attorney and author of the critically acclaimed book The Founding Myth: Why Christian Nationalism Is Un-American, dives into the debate on religious liberty, the modern attempt to weaponize religious freedom, and the Supreme Court's role in that “crusade.”

To be sure, neoliberalism has contributed to a number of alarming trends, not least of which has been a massive growth in income inequality. Yet as the eminent historian Gary Gerstle argues in The Rise and Fall of the Neoliberal Order, these indictments fail to reckon with the full contours of what neoliberalism was and why its worldview had such persuasive hold on both the right and the left for three decades.

With SCALIA: Rise to Greatness, 1936-1986, the opening installment in a two-volume biography, acclaimed reporter and bestselling historian James Rosen provides the first comprehensive account of the life of Justice Antonin Scalia, whose singular career in government—including three decades on the Supreme Court—shaped American law and society in the twenty-first century.

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.

For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.

Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.

The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.

From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.

Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.

The history and future of our democracy's ultimate sanction, presidential impeachment, and a guide to how it should be used now. To End a Presidency addresses one of today's most urgent questions: when and whether to impeach a president. Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the 21st century.

When the stories that lead our daily news involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades. He shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic.

The Constitution of the United States begins with the words "we the people". But from the earliest days of the American republic, there have been two competing notions of "the people", which led to two very different visions of the Constitution. Those who view "we the people" collectively think popular sovereignty resides in the people as a group, which leads them to favor a democratic constitution that allows the will of the people to be expressed by majority rule

From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.

The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution - and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common-sense terms what is in the Constitution and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how the Constitution’s protections are eroding.

Many Americans reference the Bill of Rights, a document that represents many of the freedoms that define the United States. Who doesn’t know about the First Amendment’s freedom of religion or Second Amendment’s right to bear arms? In this succinct volume, Akhil Reed Amar and Les Adams offer a wealth of knowledge about the Bill of Rights that goes beyond a basic understanding.The Bill of Rights Primer is an authoritative guide to all American freedoms. Uncluttered and well-organized, this audiobook is perfect for those who want to study up on the Bill of Rights without needing a law degree to do so.

Timothy Sandefur's insightful book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community - rather than the primacy of liberty, as expressed in the Declaration of Independence - has helped expand the scope of government power at the expense of individual rights.

He is the star of a hit Broadway musical, the face on the 10-dollar bill, and a central figure among the founding fathers. But do you really know Alexander Hamilton? Rather than lionize Hamilton, Americans should carefully consider his most significant and ultimately detrimental contribution to modern society: the shredding of the United States Constitution. Connecting the dots between Hamilton's invention of implied powers in 1791 to transgender bathrooms and same-sex marriage today, Brion McClanahan shows the origins of our modern federal leviathan.

Want to make sense of the US Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents - and sparked ongoing debates along the way. You'll get the lowdown on all the big issues - from separation of church and state to impeachment to civil rights - that continue to affect Americans' daily lives. Plus, you'll find out about the different approaches to interpretation and how the document has changed over the past 200+ years.