Government Law

When Clarence Thomas joined the Supreme Court in 1991, he found with dismay that it was interpreting a very different Constitution from the one the framers had written - the one that had established a federal government manned by the people's own elected representatives, charged with protecting citizens' inborn rights while leaving them free to work out their individual happiness themselves, in their families, communities, and states.

Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right.

In 1805 and 1806, Aaron Burr, former vice president of the newly formed American republic, traveled through the Trans-Appalachian West gathering support for a mysterious enterprise, for which he was arrested and tried for treason in 1807. This book explores the political and cultural forces that shaped how Americans made sense of the uncertain rumors and reports about Burr's intentions and movements, and examines what the resulting crisis reveals about their anxieties concerning the new nation's fragile union and uncertain republic.

After years of prosecuting hard-core criminals, rising legal star Alan Bell took a private sector job in South Florida's newest skyscraper. Suddenly, he suffered such bizarre medical symptoms, doctors suspected he'd been poisoned by the Mafia. Bell's rapidly declining health forced him to flee his glamorous Miami life to a sterile "bubble" in the remote Arizona desert.

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.

Today, we are at a turning point as we face ecological and political crises that are rooted in conflicts over the land itself. But these problems can be solved if we draw on elements of our tradition that move us toward a new commonwealth - a community founded on the well-being of all people and the natural world.

For most of the 20th century, the American founding has been presented as a struggle between social classes over issues arising primarily within, rather than outside, the United States. But in recent years, new scholarship has instead turned to the international history of the American union to interpret both the causes and the consequences of the US Constitution. Max M. Edling argues that the Constitution was created to defend US territorial integrity and the national interest from competitors in the western borderlands and on the Atlantic Ocean.

Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses.

The life of John Marshall, founding father and America's premier chief justice. In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the US. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again.

Judge, jury, and executioner, Judge Dredd is the brutal comic book cop policing the chaotic future urban jungle of Mega-City One, created by John Wagner and Carlos Ezquerra and launching in the pages of 2000 AD in 1977. But what began as a sci-fi action comic quickly evolved into a searing satire on hardline, militarized policing and "law and order" politics, its endless inventiveness and ironic humor acting as a prophetic warning about our world today—and with important lessons for our future.

In Migrating to Prison, leading scholar Cesar Cuauhtemoc Garcia Hernández takes a hard look at the immigration prison system's origins, how it currently operates, and why. He tackles the emergence of immigration imprisonment in the mid-1980s, with enforcement resources deployed disproportionately against Latinos, and he looks at both the outsized presence of private prisons and how those on the political right continue, disingenuously, to link immigration imprisonment with national security risks and threats to the rule of law.

Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to these problems. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity's role in its evolution and expansion. He assesses our nation's ethic of meritocratic justice in light of Scripture and exposes the theologies that embolden mass incarceration.

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.

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.

Oliver Wendell Holmes, Jr. (1841-1935) is generally considered one of the two greatest justices of the United States Supreme Court. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his legal doctrines. 

How does the U.S. House of Representatives work? Discover who can be a representative, what they do, where they work, and more.

What does a state governor do? Learn about the duties of a state governor, who can be a state governor, where they work, and how state governors are elected.

What is an election? Learn about elections and why it is important that people vote. Descriptive main text, fast facts, and callout definitions work together to support understanding.

When we think of Constitutional law, we invariably think of the US Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, US Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional law should account for the role of the state courts and state constitutions, together with the federal courts and the federal Constitution, in protecting individual liberties.

In the past thirty years alone, more than 2,800 innocent American prisoners—their combined sentences surpassing 25,000 years—have been exonerated and freed after being condemned for crimes they did not commit. Terrifyingly, this number represents only a fraction of the actual number of persons wrongfully accused and convicted over the same period.