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Examines the key role dissent has played in shaping the United States, focusing on those who, from colonial times to the present, dissented against the ruling paradigm of their time, responding to what they saw as the injustices that prevented them from fully experiencing their vision of America. --Publisher's description.
Rational Dissent was a branch of Protestant religious nonconformity which emerged to prominence in England between c. 1770 and c. 1800. While small, the movement provoked fierce opposition from both Anglicans and Orthodox Dissenters.
“The American people sees itself advance across the wilderness, draining swamps, straightening rivers, peopling the solitude, and subduing nature,” wrote Alexis de Tocqueville in 1835. That’s largely how we still think of nineteenth-century America today: a country expanding unstoppably, bending the continent’s natural bounty to the national will, heedless of consequence. A country of slavery and of Indian wars. There’s much truth in that vision. But if you know where to look, you can uncover a different history, one of vibrant resistance, one that’s been mostly forgotten. This Radical Land recovers that story. Daegan Miller is our guide on a beautifully written, revelatory trip across the continent during which we encounter radical thinkers, settlers, and artists who grounded their ideas of freedom, justice, and progress in the very landscapes around them, even as the runaway engine of capitalism sought to steamroll everything in its path. Here we meet Thoreau, the expert surveyor, drawing anticapitalist property maps. We visit a black antislavery community in the Adirondack wilderness of upstate New York. We discover how seemingly commercial photographs of the transcontinental railroad secretly sent subversive messages, and how a band of utopian anarchists among California’s sequoias imagined a greener, freer future. At every turn, everyday radicals looked to landscape for the language of their dissent—drawing crucial early links between the environment and social justice, links we’re still struggling to strengthen today. Working in a tradition that stretches from Thoreau to Rebecca Solnit, Miller offers nothing less than a new way of seeing the American past—and of understanding what it can offer us for the present . . . and the future.
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
In this first comprehensive overview of the intersection of immigration law and the First Amendment, a lawyer and historian traces ideological exclusion and deportation in the United States from the Alien Friends Act of 1798 to the evolving policies of the Trump administration. Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations—although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America’s self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent—the first social, political, and legal history of ideological exclusion and deportation in the United States—Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved. We follow the cases of immigrants and foreign-born visitors, including activists, scholars, and artists such as Emma Goldman, Ernest Mandel, Carlos Fuentes, Charlie Chaplin, and John Lennon. Kraut also highlights lawyers, including Clarence Darrow and Carol Weiss King, as well as organizations, like the ACLU and PEN America, who challenged the constitutionality of ideological exclusions and deportations under the First Amendment. The Supreme Court, however, frequently interpreted restrictions under immigration law and upheld the government’s authority. By reminding us of the legal vulnerability foreigners face on the basis of their beliefs, expressions, and associations, Kraut calls our attention to the ways that ideological exclusion and deportation reflect fears of subversion and serve as tools of political repression in the United States.
Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero.
For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.
Dissent & Protest studies crucial documents from various protests, dissents, revolts, riots, and revolutions throughout American history, from the American Revolution to the Black Lives Matter Movement of today. This text closely studies more than eighty primary source documents to deliver a thorough examination of issues so important to Americans that they took action, exercised their rights and stood up to protest.
Reprint of the original, first published in 1839.