English Constitutional History

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.

The complete texts of the documents that tell the story of the clashes and compromises that gave birth to the Unites States of America. Should the members of the government be elected by direct vote of the people? Should the government be headed by a single executive, and how powerful should that executive be? Should immigrants be allowed into the United States? How should judges be appointed? What human rights should be safe from government infringement? In 1787, these important questions and others were raised as the states debated the merits of the proposed Constitution.

Fifty-five men met in Philadelphia in 1787 to write a document that would create a country and change a world: the Constitution. Here is a remarkable rendering of that fateful time, told with humanity and humor. Decision in Philadelphia is the best popular history of the Constitutional Convention; in it, the life and times of 18th-century America not only come alive, but the very human qualities of the men who framed the document are brought provocatively into focus - casting many of the Founding Fathers in a new light.

Though the Constitution was ratified in 1788, its impact on our lives is as recent as today's news. Informed by the latest scholarship and exploring the major themes that have shaped American constitutional history: federalism, the balance of powers, property, representation, equality, rights, and security, this book places constitutional history within the context of American political and social history. As our nation's circumstances have changed, so has our Constitution.

From the Pulitzer Prize-winning scholar, a timely history of the constitutional changes that built equality into the nation's foundation and how those guarantees have been shaken over time.

Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests.

Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.

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.

In Where Tyranny Begins, Pulitzer Prize-winning journalist David Rohde investigates the strategies Trump systematically used to turn the country's two most powerful law-enforcement agencies into his personal political weapons. Rohde also reveals how, during the Biden years, Justice Department non-partisan 1970s norms that Attorney General Merrick Garland reinforced inadvertently helped Trump, and could fail to deliver a trial and legal accountability by Election Day 2024.

So much of the debate about the Second Amendment is in scholarly journals and academic papers written by scholars and judges, or directed towards other scholars, law professors, attorneys, and judges. Trying to wade through the extensive footnotes and references to legal cases and historical precedents known only to the academic elite is more than enough to make anyone feel hopeless.

Have you ever wondered whether the Catholic Church is the true church? Believe it or not, Catholic scholars and experts, with the endorsement of the Catholic Church itself, have proven it ISN'T! Curious? This book uses only officially authorized Catholic books--ones which have received the official IMPRIMATUR (Latin for "let it be printed") of the Catholic Church--to show what Catholic Church historians admit about the history of their church, their hierarchy, their practices, and their claims. This isn't someone outside of the Catholic Church making arguments against the legitimacy of the ...

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.

Fifty-five men came to Philadelphia May of 1787 with a congressional charter to revise the Articles of Confederation. Instead they founded the longest lasting republic in world history. Constituting America Book List and Glenn Beck Book List Tempest at Dawn tells their story.

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.

Do you really want the crooked baby-kissers and fake news to tell you what your rights are? Wouldn’t you rather discover them for yourself? The founders fought tirelessly to guarantee these God-given rights to life, liberty, and the pursuit of happiness. But let’s face it - the Bill of Rights is hard to understand. Its text is flowery and puzzling. It’s full of legal and political jargon.

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....

In The Words That Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.

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.

By 1787, it became evident that the Articles of Confederation were inadequate for the new nation. With these problems hampering the national government under the Articles of Confederation and the threat of default on the nation's massive war debt looming, plans began being made to fix the problems of the Articles of Confederation. Thus, that summer, a Constitutional convention was called, and each state sent delegates to Philadelphia. Among the delegates were prominent patriots and former members of the Continental Congress, including George Washington and Benjamin Franklin.

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.