Constitutional Law

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.

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.

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...

In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.

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...

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.

Legal scholars often speak of “constitutional moments,” flash points when irreconcilable ideals collide and the government faces choices that could reshape the country for generations. Are we facing our own moment now? In Vanishing Point, author Edwin Hagenstein explores our troubled political scene by analyzing the work of three prominent Constitutional thinkers: Richard Epstein, Cass Sunstein, and Adrian Vermeule. By contrasting their perspectives, Hagenstein clarifies the path which led to our present impasse and raises the question: how do we proceed from here?

"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 revolutionary spirit. He would be...

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...

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...

To understand the most contentious issues around religious liberty, this volume provides influential philosophical ideas from the U.S.’s founding to the present day and key U.S. Supreme Court judgements to ask how the two twin pillars of religious freedom — free exercise and the limit on...

Landmark cases address the origins of judicial review, racial discrimination, civil rights and liberties, The 14th amendment’s Equal Protection Clause, reproductive rights, LGBTQ+ rights, and federal government regulatory powers. A recommended classroom resource. A Penguin Classic With the...

A blueprint for criminal justice reform that lays the foundation for how model public defense programs should work to end mass incarceration. Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology...

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...

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.

Can the president launch a nuclear attack without congressional approval? Is it ever a crime to criticize the president? Can states legally resist a president's executive order? Corey Brettschneider takes us on a deep dive into the US Constitution to answer questions that, in our tumultuous era, Americans are asking more than ever before. From the document itself and from history's pivotal court cases, we learn why certain powers were granted to the presidency, how the Bill of Rights limits those powers, and what "we the people" can do.

A redistricting crisis is now upon us. This surprising, compelling book tells the history of how we got to this moment—from the Founding Fathers to today’s high-tech manipulation of election districts—and shows us as well how to protect our most sacred, hard-fought principle of one person...

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...

While President George W. Bush has appointed two Supreme Court justices during his terms in office, the next president may be in a position to appoint up to three new justices, replacing one third of the Court. This relatively high number could drastically alter future Supreme Court rulings. Now...