English Constitutional History

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.

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 A Constitutional Culture, Adrian Chastain Weimer uncovers the story of how more than a hundred years before the American Revolution, colonists pledged their lives and livelihoods to the defense of local political institutions against arbitrary rule.

Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.

You are there, in 1787 at America's constitutional convention, with the inside story as veteran print and broadcast journalist Jeffrey St. John "reports" each day's proceedings, flavoring his dispatches with quotes from private correspondence and notes of the delegates.

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.

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.

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.

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.

A harsh and revealing political exposé of two beloved presidents. Judge Andrew P. Napolitano reveals how Teddy Roosevelt, a bully, and Woodrow Wilson, a constitutional scholar, each pushed aside the Constitution’s restrictions on the federal government and used it as an instrument to redistribute wealth, regulate personal behavior, and enrich the government. Theodore and Woodrow exposes two of our nation’s most beloved presidents and how they helped speed the Progressive cause on its merry way.

It's the hot, miserable summer of 1787 in Philadelphia. Will the delegates at the Grand Convention succeed or fail at their mission? Will they amend the Articles of Confederation as instructed? Or are they up to something else? Our tale is brought to us by Henry, a young man from Britain who has been tasked with keeping an eye on what the delegates are up to. He is certain they cannot accomplish what they came to Philadelphia to do!

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 Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.

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....

On December 4, 1865, members of the 39th United States Congress walked into the Capitol Building to begin their first session after the end of the Civil War. They understood their responsibility to put the nation back on the path established by the American Founding Fathers. Author Forrest A. Nabors shows that the ultimate goal of the Republican Party, the war, and Reconstruction was the same. This goal was to preserve and advance republicanism as the American founders understood it, against its natural, existential enemy: oligarchy.

What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop.

In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.

An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressive and reactionary barriers to progressive regulation.

The Federalist Frontier traces the development of Federalist policies and the Federalist Party in the first three states of the Northwest Territory - Ohio, Indiana, and Illinois - from the nation’s first years until the rise of the Second Party System in the 1820s and 1830s. Kristopher Maulden argues that Federalists originated many of the policies and institutions that helped the young United States government take a leading role in the American people’s expansion and settlement westward across the Appalachians.

Are you worried that your Second Amendment rights will be taken away? Are you sick of patronizing politicians, celebrities, and media pundits claiming you don’t have the right to own guns? Do you want to know the real story of the Second Amendment, so you can decide what it means for yourself? The Second Amendment Manifesto is for you. In true stories stretching from ancient Greece to modern-day America, you’ll quickly discover how the Second Amendment came to be, why it’s worth protecting, and what you can do to defend it right now.