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The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --
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.
The Last Dissenter H. N. Brailsford and his World
“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.
Finalist, 2016 Ralph Waldo Emerson Award One of Bustle's Books For Your Civil Disobedience Reading List Examines the key role dissent has played in shaping the United States, emphasizing the way Americans responded to injustices Dissent: The History of an American Idea examines the key role dissent has played in shaping the United States. It focuses on those who, from colonial days to the present, dissented against the ruling paradigm of their time: from the Puritan Anne Hutchinson and Native American chief Powhatan in the seventeenth century, to the Occupy and Tea Party movements in the twenty-first century. The emphasis is on the way Americans, celebrated figures and anonymous ordinary citizens, responded to what they saw as the injustices that prevented them from fully experiencing their vision of America. At its founding the United States committed itself to lofty ideals. When the promise of those ideals was not fully realized by all Americans, many protested and demanded that the United States live up to its promise. Women fought for equal rights; abolitionists sought to destroy slavery; workers organized unions; Indians resisted white encroachment on their land; radicals angrily demanded an end to the dominance of the moneyed interests; civil rights protestors marched to end segregation; antiwar activists took to the streets to protest the nation’s wars; and reactionaries, conservatives, and traditionalists in each decade struggled to turn back the clock to a simpler, more secure time. Some dissenters are celebrated heroes of American history, while others are ordinary people: frequently overlooked, but whose stories show that change is often accomplished through grassroots activism. The United States is a nation founded on the promise and power of dissent. In this stunningly comprehensive volume, Ralph Young shows us its history.
“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.
Honorable Mention, 2018 Global Division Book Award presented by the Global Division of the Society for the Study of Social Problems Historically, the Indian state has not offered welfare and social rights to all of its citizens, yet a remarkable characteristic of its polity has been the ability of citizens to dissent in a democratic way. In Undervalued Dissent, Manjusha Nair argues that this democratic space has been vanishing slowly. Based on extensive fieldwork in Chhattisgarh, a regional state in central India, this book examines two different informal workers' movements. Informal workers are not part of organized labor unions and make up eighty-five percent of the Indian workforce. The first movement started in 1977 and was a success, while the other movement began in 1989 and still continues today, without success. The workers in both movements had similar backgrounds, skills, demands, and strategies. Nair maintains that the first movement succeeded because the workers contended within a labor regime that allowed space for democratic dissent, and the second movement failed because they contested within a widely altered labor regime following neoliberal reforms, where these spaces of democratic dissent were preempted. The key difference between the two regimes, Nair suggests, is not in the withdrawal of a prolabor state from its protective and regulatory role, as has been argued by many, but rather in the rise of a new kind of state that became functionally decentralized, economically predatory, and politically communalized. These changes, Nair concludes, successfully de-democratized labor politics in India.
This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.
In the 1960s and early 1970s, countercultural rebels decided that, rather than confront the system, they would create the world they wanted. The natural foods movement grew out of this contrarian spirit. Through a politics of principled shopping, eating, and entrepreneurship, food revolutionaries dissented from corporate capitalism and mainstream America. In Food for Dissent, Maria McGrath traces the growth of the natural foods movement from its countercultural fringe beginning to its twenty-first-century "food revolution" ascendance, focusing on popular natural foods touchstones—vegetarian cookbooks, food co-ops, and health advocates. Guided by an ideology of ethical consumption, these institutions and actors spread the movement's oppositionality and transformed America's foodscape, at least for some. Yet this strategy proved an uncertain instrument for the advancement of social justice, environmental defense, and anti-corporatism. The case studies explored in Food for Dissent indicate the limits of using conscientious eating, shopping, and selling as tools for civic activism.
A 2020 Sydney Taylor Honor Book The life and career of the fiercely principled Supreme Court Justice, now a popular icon, with dramatic accounts of her landmark cases that moved the needle on legal protection of human rights, illustrated with b/w archival photographs. Dramatically narrated case histories from Justice Ginsburg's stellar career are interwoven with an account of RBG's life--childhood, family, beliefs, education, marriage, legal and judicial career, children, and achievements--and her many-faceted personality is captured. The cases described, many involving young people, demonstrate her passionate concern for gender equality, fairness, and our constitutional rights. Notes, bibliography, index.