Constitutional Law

As with any specialized field, the language and terminology used in the legal profession can be complex and specific. Without a solid grasp of legal terminology, it can be difficult for law students to understand the material they are studying, communicate effectively with their professors and classmates, and ultimately practice law with confidence.

From Pulitzer Prize-winning American historian Joseph J. Ellis, the unexpected story of why the thirteen colonies, having just fought off the imposition of a distant centralized governing power, would decide to subordinate themselves anew.

Plessy v. Ferguson, the Supreme Court case synonymous with "separate but equal", created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the 19th century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the 21st. Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours - race and equality.

A vast censorship regime has smothered America's digital marketplace of ideas, squelching free speech on vital policy issues. Its supporters regard its benefits as morally and politically beyond question. They contend it's carried out by private social media platforms, not governmental authorities. In Free Speech and Turbulent Freedom, Michael J. Glennon offers a timely and incisive response. The censors are short-sighted, he argues.

Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation.

During his 28-year career, Matthew Horace rose through the ranks from a police officer working the beat to a federal agent working criminal cases in some of the toughest communities in America to a highly decorated federal law enforcement executive managing high-profile investigations nationwide. Yet it was not until seven years into his service - when Horace found himself face down on the ground with a gun pointed at his head by a white fellow officer - that he fully understood the racism seething within America's police departments.

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.

With this volume, Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion, we confront the remarkable beginning and end-once again, after a half-century-of the landmark Supreme Court decision in Roe v. Wade, shockingly overruled by the Court in Dobbs v. Jackson Women's Health Organization. The goal of this book is to bring together some of our nation's experts to share their views on whether there should be a constitutional right to abortion, and what the consequences of Dobbs might be.

Concealed Carry, Stand Your Ground Laws, and the Second Amendment Right to Bear Arms will teach you everything you need to know about your rights as a proud American citizen and how you can carry without concern. Many are not fully aware of the laws surrounding our rights. Don’t worry. We are here to help. The goal of this reading is to arm you with the confidence and knowledge you need to keep you well within your rights to not only conceal carry, but to be prepared for almost any situation and scenario when you do.

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.

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.

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.

Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society.

For the first time, a collection of dissents from the most famous Supreme Court cases. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential listening for anyone interested in American history.

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.

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....

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 Federalist Papers is a series of 85 articles arguing in favor of ratification of the United States Constitution by the 13 original colonies. Federalist No. 74 discusses the powers of the president as commander-in-chief and to grant pardons and reprieves. Hamilton asserts that the role of commander-in-chief is inherent in the office itself and requires the speed and resolve of a single decision-maker.

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.

The Constitution was once the bedrock of our country, an unpretentious parchment that boldly established the God-given rights and freedoms of America. Today that parchment has been shred to ribbons. An important follow-up to Judge Napolitano's best-selling Constitutional Chaos, this book shows with no-nonsense clarity how Congress has "purchased" regulations by bribing states and explains how the Supreme Court has devised historically inaccurate, logically inconsistent, and even laughable justifications to approve what Congress has done.