English Constitutional History

So much of the debate about the Second Amendment is in scholarly journals and academic papers written by scholars and judges, or directed towards other scholars, law professors, attorneys, and judges. Trying to wade through the extensive footnotes and references to legal cases and historical precedents known only to the academic elite is more than enough to make anyone feel hopeless.

Forces, foreign and domestic, are attacking the United States and her Constitution. Their goal? To undermine our founding history and national character. The Declaration of Independence claimed our rights; the Constitution defends them. To stand against tyrannical forces that seek to destroy our freedom, we must learn from history.

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 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.

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.

In Cords of Affection: Constructing Constitutional Union in Early American History Emily Pears investigates efforts by the founding generation's leadership to construct and strengthen political attachments in and among the citizens of the new republic. These emotional connections between citizens and their institutions were critical to the success of the new nation.

By 1787, it became evident that the Articles of Confederation were inadequate for the new nation. With these problems hampering the national government under the Articles of Confederation and the threat of default on the nation's massive war debt looming, plans began being made to fix the problems of the Articles of Confederation. Thus, that summer, a Constitutional convention was called, and each state sent delegates to Philadelphia. Among the delegates were prominent patriots and former members of the Continental Congress, including George Washington and Benjamin Franklin.

Scholars have long debated the meaning of the pursuit of happiness, yet have tended to define it narrowly, focusing on a single intellectual tradition, and on the use of the term within a single text, the Declaration of Independence. In this insightful volume, Carli Conklin considers the pursuit of happiness across a variety of intellectual traditions, and explores its usage in two key legal texts of the Founding Era, the Declaration and William Blackstone’s Commentaries on the Laws of England.