Constitutional Law History

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more...

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...

Sacred Liberty offers a dramatic, sweeping survey of how America built a unique model of religious freedom, perhaps the nation’s “greatest invention.” Steven Waldman, the bestselling author of Founding Faith, shows how early ideas about religious liberty were tested and refined amidst the...

The life of John Marshall, Founding Father and America's premier chief justice. In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the United States. He would hold the post for 34 years (still a record), expounding the Constitution he...

Challenging familiar understandings of race, rights, and American law, Is Racial Equality Unconstitutional? explores how current equal-protection law renders the pursuit of racial equality constitutionally suspect.

The fascinating and very moving story of the lovers, lawyers, judges and activists behind the groundbreaking Supreme Court case that led to one of the most important, national civil rights victories in decades—the legalization of same-sex marriage. In June 2015, the Supreme Court made same-sex...

An illuminating financial history of the Founding Fathers, revealing how their personal finances shaped the Constitution and the new nation In 1776, upon the signing of the Declaration of Independence, the Founding Fathers concluded America’s most consequential document with a curious note...

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.

A nonpartisan, unbiased look at the First Amendment and how it informs our daily lives, this book clearly explains the fundamentals of American politics to middle grade readers. The First Amendment grants kids and every other citizen five monster privileges: freedom of religion, freedom of...

The Words We Live By takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. In The Words We Live By, Linda Monk probes the idea...

For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more...

Dear Reader, In February 2013 I gave a speech at the National Prayer Breakfast. Standing a few feet from President Obama, I warned my fellow citizens of the dangers facing our country and called for a return to the principles that made America great. Many Americans heard and responded...

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality at all - ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech - have often been used to overcome resistance to justice and remain vital today.

Forcing the Spring begins on Election Night 2008, when a controversial California ballot initiative called Proposition 8—which removed the right of gay men and women to marry—passed alongside Barack Obama’s stunning victory. Forcing the Spring details how a small but determined group of...

From the prizewinning author of The Nine, a gripping insider's account of the momentous ideological war between the John Roberts Supreme Court and the Obama administration. From the moment John Roberts, the chief justice of the United States, blundered through the Oath of Office at Barack...

In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues...

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.

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....

The definitive reckoning with Affirmative Action, one of America’s most explosively contentious and divisive issues—from “one of our most important and perceptive writers on race and the law.”—The Washington Post “A clear-eyed take on America’s battle over affirmative action and...

Napolitano’s shocking historical account of how a Republican and a Democratic president oversaw the greatest shift in power in American history, from a land built on the belief that authority should be left to the individuals and the states to a bloated, far-reaching federal bureaucracy...