United States Law

America after the Civil War was a land of shattered promises and entrenched hatreds. In the explosive South, danger took many forms: white extremists loyal to a defeated world terrorized former slaves, while in the halls of government, bitter and byzantine political warfare raged between Republicans and Democrats.

Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers—the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court. Stuart Banner’s The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present.

The first Chief Justice of the United States, John Jay faced many unique challenges. When the stability and success of the new nation were far from certain, a body of federalized American law had to be created from scratch.

In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War, served in Virginia's ratifying convention for the Constitution, and was Chief Justice John Marshall's partner in establishing the authority of the Supreme Court.

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.

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.

Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Anthony Michael Kreis explains how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements.

Presumed Guilty reveals how the Supreme Court allows the perpetuation of racist policing by presuming that suspects, especially people of color, are guilty.

The contemporary lore surrounding the 1879 Alford-White affray--that occurred in Tarrant County, Texas--has celebrated George H. White as a forgotten Fort Worth peace officer killed in the line of duty by horse thieves and desperados. This sensationalized narrative, based on the yellow journalism of the day, has been glamorized in books, has been written about in magazine articles, and has been honored on national and local memorials. Nevertheless, 20 years of research has revealed a different insight.

Indian peoples made some 400 treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well as countless others over the centuries with Spain, France, Britain, Mexico, the Republic of Texas, Canada, and even Russia, not to mention individual colonies and states. In retrospect, the treaties seem like well-ordered steps on the path of dispossession and empire. The reality was far more complicated.

In this landmark work, Kaplan describes her strategy in the lower courts and her preparation and rehearsals before moot courts, and she shares insights into the dramatic oral argument before the Supreme Court justices. Then Comes Marriage is the story of the relationship behind the watershed case, Kaplan's own difficult coming-out journey, and the fascinating unfolding of United States v. Windsor.

Robbery, smuggling, gambling - gangsters did it all. Find out the true stories of the United States' most feared hoodlums and mob bosses. Learn how a two-bit car thief built a criminal empire - and how the mob's top man wound up in prison.

In the mid-1990s, residents of Anniston, Alabama, began a legal fight against the agrochemical company Monsanto over the dumping of PCBs in the city's historically African American and white working-class west side. Simultaneously, Anniston environmentalists sought to safely eliminate chemical weaponry that had been secretly stockpiled near the city during the Cold War. In this probing work, Ellen Griffith Spears offers a compelling narrative of Anniston's battles for environmental justice.

The Words We Live By takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. Through entertaining and informative annotations, The Words We Live By offers a new way of looking at the Constitution. It reflects a critical, respectful, and appreciative look at one of history's greatest documents.

Eminent scholar Peter Irons makes a powerful and persuasive case that Blacks have always been held back by systemic racism in all major institutions that can hold power over them. Based on a wide range of sources, from the painful words of former slaves to test scores that reveal how our education system has failed Black children, this searing and sobering account of legal and extra-legal violence against Blacks peels away the fictions and myths expressed by White racists.

In 1974, the Supreme Court issued a momentous decision: In the case of Milliken v. Bradley, the justices brought a halt to school desegregation across the North, and to the civil rights movement’s struggle for a truly equal education for all. How did this come about, and why? In The Containment, the esteemed legal scholar Michelle Adams tells the epic story of the struggle to integrate Detroit schools—and what happened when it collided with Nixon-appointed justices committed to a judicial counterrevolution.

John Marshall (1755 - 1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to 1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America.

In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to 21st-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law.

For decades, James MacGregor Burns has been one of the great masters of the study of power and leadership in America. Now he turns his eye to an institution of government that he believes has become more powerful---and more partisan---than the Founding Fathers ever intended: the Supreme Court. Much as we would like to believe that the Court remains aloof from ideological politics, Packing the Court reveals how often justices behave like politicians in robes.

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.