Political Law

Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation's founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers' work. Far from covering up a crime against humanity, the Constitution restricted slavery's legitimacy under the new national government.

For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.

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.

One promise of democracy is the right of every citizen to vote. And yet, from our founding, strong political forces were determined to limit that right. The Supreme Court, Alexander Hamilton wrote, would protect the weak against this very sort of tyranny. Still, as On Account of Race forcefully demonstrates, through the better part of American history the Court has instead been a protector of white rule. And complex threats against the right to vote persist even today.

Sara Azari breaks down the investigations, evidence, criminal charges, and defenses involving an ever-expanding rogues' gallery of Trump associates and campaign members, as well as the president's own criminal conduct. Her docket also includes a comprehensive summary and expert analysis of the Mueller Report. Azari addresses the consequences of President Trump's conduct and considers whether the president of the United States is ever above the law.

JTBC 대표 시사교양 프로그램이자, 불통의 시대를 지나 더 이상 침묵하지 않는 질문의 시대를 이끌어갈 대표 교양 도서 『차이나는 클라스』가 출간됐다. 국가·법·리더·역사 분야를 대표하는 9명의 강연자(문정인, 조한혜정, 조영태, 박준영, 이국운, 김준혁, 김종대, 한명기, 황석영)들은 중국과 미국의 패권 사이에서 우리가 어떤 선택을 해야 하는지, 저출산 위기 속에서 우리는 어떤 미래를 준비해야 하는지, 헌법에 담긴 국가의 정체성과 기본권은 무엇인지, 법의 진정한 주인은 누구인지, 국가를 이끄는 지도자들이 갖춰야 할 미덕은 무엇인지, 외세침략과 민주화의 역사를 통해 우리가 가슴 깊이 새겨야 할 것은 무엇인지 등 지금 우리에게 필요한 생존의 해법을, 질문자들과 함께 쌍방향 토론식 수업을 통해 모색한다.

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.

It’s evident that policing is a problem. But what is the way best forward? In Beyond Policing, distinguished scholar and writer Philip V. McHarris reimagines the world without police to find answers and reveal how we can make police departments obsolete. Beyond Policing tackles thorny issues with evidence, including data and personal stories, to uncover the weight of policing on people and communities and the patterns that prove police reform only leads to more policing.

Nearly every aspect of our criminal justice system encourages defendants-whether innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens.

Despite a long-standing commitment to diversity and inclusion, creating a more diverse bar has been challenging for the legal profession. And this begs the question "why"? Does the profession find itself in the precarious position of having self-imposed barriers in place that work against its best efforts? Are outside factors beyond the profession's control inhibiting progress?

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.

Repeal the Second Amendment explores both the true history and current interpretation of the Second Amendment to expose the NRA’s blatant historical manipulations and irresponsible fake news releases. Lichtman looks at the history of firearms and gun regulations from colonial times to the present to explain how a historically forgotten sentence in the Constitution has become a flash point of recent politics that benefits only the gun industry, their lobbyists, and the politicians on their payroll.

Wild Democracy calls for a more anarchic, more courageous democracy. This is an ethic for people who know the rights they hold, and who struggle to rule themselves. This is an ethic for unfinished revolutions; an ethic for those who will not be mastered. This is an ethic for those who hold fast to the rights they have by nature.

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.

Barrister Michael Mansfield, KC, has spent his career fighting injustice, persecution and corruption. And be it the Birmingham Six, Bloody Sunday, Stephen Lawrence, the Marchioness, Hillsborough or Grenfell, he has come to learn one thing - that people power is unstoppable. Michael draws upon his 50 years of fighting for justice and revisits his most important cases and clients, proving without doubt that when people get together they can make lasting and positive change.

In Prosecuting the President, Andrew Coan offers a highly engaging look at the long, mostly forgotten history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of presidents, who have the power to fire them at any time. How could this be, Coan asks? And how could the nation entrust such a high responsibility to such subordinate officials? With vivid storytelling and historical examples, Coan demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances.

Buying the Vote analyzes the rise and decline of campaign finance reform by tracking the evolution of both the ways in which presidential campaigns have been funded since the late nineteenth century. Through close examinations of major Supreme Court decisions, Mutch shows how the Court has fashioned a new and profoundly inegalitarian definition of American democracy.

Deliberate mischaracterization of political opponents and their policies has always been a part of politics; however, lying, dishonesty, and distortion of the facts remain morally wrong and have the potential to obstruct important political interests. For example, a false or misleading claim publicized about an election candidate may lead someone to lose an election that they might otherwise have won. So, does—and should—the law seek to provide protection from the risk of this happening?

From the late 19th century through the 1930s, scholars of politics defined and continually reoriented their field in response to the political imperatives of the racial order at home and abroad as well to as the vagaries of race science. The Gilded Age scholars who founded the first university departments and journals located sovereignty and legitimacy in a "Teutonic germ" of liberty planted in the new world by Anglo-Saxon settlers and almost extinguished in the conflict over slavery.

This treatise comprises questions 90–97 of the Summa Theologica, in which St. Thomas Aquinas presents a philosophical analysis of the nature and structure of law. Believing that law achieves its results by imposing moral obligations rather than outright force on those subject to it, he proceeds to explore vital questions about the essence of law, kinds of law, effects of law, eternal law, natural law, human law, and changes in law.