Sunday, September 22, 2019

The US Constitution

Happy Constitution Week!  Constitution Week is celebrated annually during the week of September 17th-23rd.  The goals of Constitution Week are to:

  • Emphasize citizens' responsibilities for protecting and defending the Constitution.
  • Inform people that the Constitution is the basis for America's great heritage and the foundation for our way of life.
  • Encourage the study of the historical events which led to the framing of the Constitution in September 1787
With that in mind, here are ten books on the United States Constitution!

American Epic: Reading the U. S. Constitution by Garrett Epps - In 1987, E.L. Doctorow celebrated the Constitution's bicentennial by reading it. "It is five thousand words long but reads like fifty thousand," he said. Distinguished legal scholar Garrett Epps--himself an award-winning novelist--disagrees. It's about 7,500 words. And Doctorow "missed a good deal of high rhetoric, many literary tropes, and even a trace of, if not wit, at least irony," he writes. Americans may venerate the Constitution, "but all too seldom is it read." In American Epic, Epps takes us through a complete reading of the Constitution--even the "boring" parts--to achieve an appreciation of its power and a holistic understanding of what it says. In this book he seeks not to provide a definitive interpretation, but to listen to the language and ponder its meaning. He draws on four modes of reading: scriptural, legal, lyric, and epic. The Constitution's first three words, for example, sound spiritual--but Epps finds them to be more aspirational than prayer-like. "Prayers are addressed to someone. either an earthly king or a divine lord, and great care is taken to name the addressee. This does the reverse. The speaker is 'the people,' the words addressed to the world at large." He turns the Second Amendment into a poem to illuminate its ambiguity. He notices oddities and omissions. The Constitution lays out rules for presidential appointment of officers, for example, but not removal. Should the Senate approve each firing? Can it withdraw its "advice and consent" and force a resignation? And he challenges himself, as seen in his surprising discussion of the Defense of Marriage Act (DOMA) in light of Article 4, which orders states to give "full faith and credit" to the acts of other states. Wry, original, and surprising, American Epic is a scholarly and literary tour de force

The Citizen's Constitution: An Annotated Guide by Seth Lipsky - Pocket versions of the Constitution of the United States of America abound, as do multi-volume commentaries, scholarly histories of its writing, and political posturings of various clauses. But what if you want a delightfully quick, witty, and readable reference that, in one compact volume, places the document and its clauses into context? You're out of luck--until now. Written by Seth Lipsky, described in the Boston Globe as "a legendary figure in contemporary journalism," The Citizen's Constitution draws on the writings of the Founders, case law from our greatest judges, and current events in more than 300 illuminating annotations. Lipsky provides a no-nonsense, entertaining, and learned guide to the fundamental questions surrounding the document that governs how we govern our country. Every American should know the Constitution. Rarely has it glinted so brightly.

The Constitution: An Introduction by Michael Stokes Paulsen & Luke Paulsen - In The Constitution, constitutional scholar Michael Stokes Paulsen and his son Luke provide a clear, accessible introduction to the history and meaning of this historic document. Beginning with the Constitution's birth in 1787, Paulsen and Paulsen offer a grand tour of its history and interpretations, introducing readers to the characters and controversies that have shaped this founding instrument in the 200-plus years since its creation. In order to properly judge contemporary readings of the Constitution, Paulsen and Paulsen argue, it is first necessary to understand the origins--and original meaning--of the document's articles and amendments. The Constitution itself has evolved into a more perfect document since its inception, they show, through the addition of amendments abolishing slavery, establishing civil rights, and broadening the right to vote. Yet the officials charged with interpreting the Constitution have often stretched its meaning far beyond its intended boundaries, substituting their own judgments for those of the Constitution's framers and reformers. In order to stay true to this essential American document, the authors argue, it is imperative that we, the people, know the meaning and history of each of the Constitution's components and allow ourselves to be guided by the intentions of its authors--not the opinions and whims of the judges charged with interpreting it. A lucid history of and guide to this foundational American document, The Constitution provides readers with the tools to think critically and independently about constitutional issues--a skill that is ever more essential to the continued flourishing of American democracy

The Lives of the Constitution: Ten Exceptional Minds That Shaped America's Supreme Law by Joseph Tartakovsky - Tells the story of our Constitution through the eyes of ten extraordinary individuals--some renowned, like Alexander Hamilton and Woodrow Wilson, and some forgotten, like James Wilson and Ida B. Wells-Barnett. Tartakovsky brings to life their struggles over our supreme law from its origins in revolutionary America to the era of Obama and Trump. Sweeping from settings as diverse as Gold Rush California to the halls of Congress, and crowded with a vivid Dickensian cast, the author shows how America's unique constitutional culture grapples with questions like democracy, racial and sexual equality, free speech, economic liberty, and the role of government. Chronicles how Daniel Webster sought to avert the Civil War; how Alexis de Tocqueville misunderstood America; how Robert Jackson balanced liberty and order in the battle against Nazism and Communism; and how Antonin Scalia died warning Americans about the ever-growing reach of the Supreme Court. From the 1787 Philadelphia Convention to the clash over gay marriage, this is a grand tour through two centuries of constitutional history as never told before, and an education in the principles that sustain America in the most astonishing experiment in government ever undertaken.

The Living Constitution by David A. Strauss - Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century. 

The Original Argument: The Federalists' Case for the Constitution, Adapted for the 21st Century by Glenn Beck with Joshua Charles - Glenn Beck revisited Thomas Paine's famous pre-Revolutionary War call to action in his #1 New York Tim es bestseller Glenn Beck's Common Sense. Now he brings his historical acumen and political savvy to this fresh, new interpretation of The Federalist Papers, the 18th-century collection of political essays that defined and shaped our Constitution and laid bare the "original argument" between states' rights and big federal government--a debate as relevant and urgent today as it was at the birth of our nation.
Adapting a selection of these essential essays--pseudonymously authored by the now well-documented triumvirate of Alexander Hamilton, James Madison, and John Jay--for a contemporary audience, Glenn Beck has had them reworked into "modern" English so as to be thoroughly accessible to anyone seeking a better understanding of the Founding Fathers' intent and meaning when laying the groundwork of our government. Beck provides his own illuminating commentary and annotations and, for a number of the essays, has brought together the viewpoints of both liberal and conservative historians and scholars, making this a fair and insightful perspective on the historical works that remain the primary source for interpreting Constitutional law and the rights of American citizens. 

Plain, Honest Men: The Making of the American Constitution by Richard R. Beeman - From distinguished historian Richard Beeman comes a dramatic and engrossing account of the men who met in Philadelphia during the summer of 1787 to design a radically new form of government. Plain, Honest Men takes readers behind the scenes and beyond the debate to show how the world’s most enduring constitution was forged through conflict, compromise, and, eventually, fragile consensus.
The delegates met in an atmosphere of crisis, many Americans at that time fearing that a combination of financial distress and civil unrest would doom the young nation’s experiment in liberty. When the delegates began their deliberations in May 1787, they discovered that a small cohort of men, led by James Madison, had prepared an audacious plan–revolutionary in its view of the nature of American government. The success of this bold and brilliant strategy was far from assured, and the ultimate outcome of the delegates’ labors–the creation of a frame of government that would enable America to flourish–was very different from what Madison had envisioned when he launched his grand scheme.
Beeman captures as never before the dynamic of the debate and the characters of the men who labored that summer in Philadelphia, among them James Madison, as brilliant as he was unprepossessing; the mercurial Gouverneur Morris of Pennsylvania, arrogant, combative, but ultimately effective in shaping the language of the completed Constitution; Maryland’s Luther Martin, a pugnacious (and often inebriated) opponent of a strong national government; Roger Sherman, the straightforward Connecticut delegate who helped broker some of the key compromises of the Convention; and General George Washington, whose quiet dignity and forceful presence helped keep under control the clash of egos and words among the delegates.
Virtually all of the issues the delegates debated that summer–the extent of presidential power, the nature of federalism, and, most explosive of all, the role of slavery–have continued to provoke conflict throughout the nation’s history. Plain, Honest Men is a fascinating portrait of another time and place, a bold and unprecedented book about men, both grand and humble, who wrote a document that would live longer than they ever imagined. This is an indispensable work for our own time, in which debate about the Constitution’s meaning still rages.

Ratification: The People Debate the Constitution, 1787-1788 by Pauline Maier - From the distinguished historian of Revolutionary-era America and author of the acclaimed American Scripture comes this fresh and surprising account of a pivotal moment in American history--the ratification of the Constitution.
When the delegates left the Constitutional Convention in Philadelphia in September 1787, the new Constitution they had written was no more than a proposal. Elected conventions in at least nine of the thirteen states would have to ratify it before it could take effect. There was reason to doubt whether that would happen. The document we revere today as the foundation of our country's laws, the cornerstone of our legal system, was hotly disputed at the time. Some Americans denounced the Constitution for threatening the liberty that Americans had won at great cost in the Revolutionary War. One group of fiercely patriotic opponents even burned the document in a raucous public demonstration on the Fourth of July.
In this splendid new history, Pauline Maier tells the dramatic story of the yearlong battle over ratification that brought such famous founders as Washington, Hamilton, Madison, Jay, and Henry together with less well-known Americans who sometimes eloquently and always passionately expressed their hopes and fears for their new country. Men argued in taverns and coffeehouses; women joined the debate in their parlors; broadsides and newspaper stories advocated various points of view and excoriated others. In small towns and counties across the country people read the document carefully and knew it well. Americans seized the opportunity to play a role in shaping the new nation. Then the ratifying conventions chosen by "We the People" scrutinized and debated the Constitution clause by clause.
Although many books have been written about the Constitutional Convention, this is the first major history of ratification. It draws on a vast new collection of documents and tells the story with masterful attention to detail in a dynamic narrative. Each state's experience was different, and Maier gives each its due even as she focuses on the four critical states of Pennsylvania, Massachusetts, Virginia, and New York, whose approval of the Constitution was crucial to its success.
The New Yorker Gilbert Livingston called his participation in the ratification convention the greatest transaction of his life. The hundreds of delegates to the ratifying conventions took their responsibility seriously, and their careful inspection of the Constitution can tell us much today about a document whose meaning continues to be subject to interpretation. Ratification is the story of the founding drama of our nation, superbly told in a history that transports readers back more than two centuries to reveal the convictions and aspirations on which our country was built. 

The United States Constitution: A Graphic Adaptation written by Jonathan Hennessey & illustrated by Aaron McConnell - Our leaders swear to uphold it, our military to defend it. It is the blueprint for the shape and function of government itself and what defines Americans as Americans. But how many of us truly know our Constitution? The United States Constitution: A Graphic Adaptation uses the art of illustrated storytelling to breathe life into our nation's cornerstone principles. Simply put, it is the most enjoyable and groundbreaking way to read the governing document of the United States. Spirited and visually witty, it roves article by article, amendment by amendment, to get at the meaning, background, and enduring relevance of the law of the land.What revolutionary ideas made the Constitution's authors dare to cast off centuries of rule by kings and queens? Why do we have an electoral college rather than a popular vote for president and vice president? How did a document that once sanctioned slavery, denied voting rights to women, and turned a blind eye to state governments running roughshod over the liberties of minorities transform into a bulwark of protection for all? The United States Constitution answers all of these questions. Sure to surprise, challenge, and provoke, it is hands down the most memorable introduction to America's founding document. 

We the People: A Progressive Reading of the Constitution for the Twenty-First Century by Erwin Chemerinsky - Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court's most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights--but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble--liberty and justice for all--and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality.

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