Constitutional Rights

In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state).

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....

All Americans, liberal or conservative, religious or not, can agree that religious freedom, anchored in conscience rights, is foundational to the US democratic experiment. But what freedom of conscience means, what its scope and limits are, according to the Constitution - these are matters for heated debate.

In The Court v. The Voters, law professor Josh Douglas takes us behind the scenes of significant cases in voting rights—some surprising and unknown and some familiar—to investigate the historic crossroads that have changed our elections, and therefore the nation, irrevocably. In crisp and accessible prose, Douglas tells the story of each case, sheds light on the intractable election problems we face as a result, and highlights the unique role the highest court has played in shaping not only our elections but the very essence of the right to vote.

Liberty and justice for all is the bedrock of American democracy, but has America betrayed our founders’ vision for the nation? In When They Come For You, New York Times best-selling author David Kirby exposes federal, state, and local violations of basic constitutional rights that should trouble every American, whether liberal, conservative, or libertarian. Free speech, privacy, protection from unreasonable search and seizure, due process, and equal protection under the law are rights that belong to every American citizen but are being shredded at an alarming rate.

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.