Constitutional Law History

Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.

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.

From a New York Times bestselling historian and Pulitzer Prize finalist comes a bold reinterpretation of American history—just in time for the country’s 250th birthday. Whether it's 1776 or the era of Donald Trump and Elon Musk, Arthur Herman argues that the United States has always been...

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.

Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right.

In Iconoclast, Dr Anand Teltumbde, a distinguished public intellectual and leading authority on the Dalit movement, presents a groundbreaking biography of Dr B.R. Ambedkar. Far from the embellished narratives often associated with his legacy, Teltumbde strips away the layers of myth and...

New York Times bestselling author and committed constitutional conservative Senator Mike Lee reveals the little-known stories behind the Founder's takedown of a tyrannical king and the forgotten document that created America. There is perhaps no more powerful sentence in human history, written...

This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in US constitutional history, encompassing key Supreme Court and lower-court cases.

The preeminent historian of the American Revolution explains why it remains the most significant event in our history. More than almost any other nation in the world, the United States began as an idea. For this reason, Pulitzer Prize-winning historian Gordon S. Wood believes that the American...

A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important...

A brutal, bloody, and at times hopeful history of the vote; a primer on the opponents fighting to take it away; and a playbook for how we can save our democracy before it’s too late—from the former U.S. Attorney General on the front lines of this fight Voting is our most important right as...

This book explores the powers, activities, and accountability of MI5 from the end of the Second World War to 1964. It argues that MI5 acted with neither statutory authority nor statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources.

Reservation or affirmative action is a hugely controversial policy in India. While constitutionally mandated and with historians, political scientists and social activists convinced of its need, many resist it and consider it as compromising 'merit' and against the principle of equality of...

One of the most revered, imitated, and controversial governmental documents in the world, the US Constitution serves as the foundation for the American government and shapes the lives of Americans every day. But how many of us know its history and the impact it has on guiding our ever-evolving...

A rallying cry for a more just approach to the law that bolsters social justice movements by throwing out originalism—the theory that judges should interpret the Constitution exactly as conservatives say the Founders meant it “The greatest trick conservatives ever pulled was convincing the...

An urgent and gripping look at the erosion of voting rights and its implications for democracy, told through the stories of 9 Supreme Court decisions—and the next looming case In The Court v. The Voters, law professor Joshua Douglas takes us behind the scenes of significant cases in voting...

“A provocative extension of Jefferson’s original plan.”—Kirkus Reviews

Thomas Jefferson believed that every generation of Americans should rewrite our Constitution from scratch—to mirror the progress of the human mind and, most of all, to maintain the...

In The Foresighted Ambedkar, Anurag Bhaskar argues that India’s Constitution was drafted not just between 1946 and 1950 but over the course of four decades. Dr Ambedkar was the only person to have been involved at all the stages related to the drafting of the Indian constitutional document...

The first authorized biography of Soli Sorabjee ‘A gripping life story of a Goliath who strode the Indian legal canvass for nearly seventy years.’ – Mukul Rohatgi, former Attorney General of India ‘Superbly researched, this book by Abhinav Chandrachud is a must read. ‘ – Madhavi...

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.