Political Law

In this sweepingly ambitious volume, the nation's foremost experts on the American presidency and the US Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office - the first president to the 44th - has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation's chief executive.

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.

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.

Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law.

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.

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.

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.

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.

The only crime defined in the United States Constitution, treason is routinely described by judges as more heinous than murder. Today the term is regularly thrown around by lawmakers and pundits on both sides of the aisle. But as these heated accusations flood the news cycle, it's not always clear what the crime of treason truly is, or when it should be prosecuted. Drawing on over two decades of research, constitutional law and legal history, scholar Carlton Larson takes us on a grand tour of the Treason Clause of the United States Constitution.

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.

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.

Boiling Mad is Kate Zernike's eye-opening look inside the Tea Party, introducing us to a cast of unlikely activists and the philosophy that animates them. She shows how the Tea Party movement emerged from an unusual alliance of young Internet-savvy conservatives and older people alarmed at a country they no longer recognize. The movement is the latest manifestation of a long history of conservative discontent in America, breeding on a distrust of government that is older than the nation itself.

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.

With the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion and the Law in America illuminates an entirely different and unexpected shift in the terms of debate. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict.

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.