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Seventeen years after Robert E. Lee's surrender at Appomattox, one final, dramatic confrontation occurred between the Lee family and the United States government. In The Last Battle of the Civil War, Anthony J. Gaughan recounts the fascinating saga of United States v. Lee, known to history as the "Arlington Case." Prior to the Civil War, Mary Lee, Robert E. Lee's wife, owned the estate that Arlington National Cemetery rests on today. After the attack on Fort Sumter, however, the Union army seized the Lees' Arlington home and converted it into a national cemetery as well as a refugee camp for runaway slaves. In 1877 George Washington Custis Lee, Robert and Mary's eldest son, filed suit demanding that the federal government pay the Lees just compensation for Arlington. In response, the Justice Department asserted that sovereign immunity barred Lee and all other private plaintiffs from bringing Fifth Amendment takings cases. The courts, the government claimed, had no jurisdiction to hear such lawsuits. In a historic ruling, the Supreme Court rejected the government's argument. As the majority opinion explained, "All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it." The ruling made clear that the government was legally obligated by the Fifth Amendment to pay just compensation to the Lees. The Court's ruling in United States v. Lee affirmed the principle that the rule of law applies equally to ordinary citizens and high government officials. As the justices emphasized, the Constitution is not suspended in wartime and government officials who violate the law are not beyond the reach of justice. Ironically, the case also represented a watershed on the path of sectional reconciliation. By ruling in favor of the Lee family, the justices demonstrated that former Confederates would receive a fair hearing in the federal courts. Gaughan provides a riveting account of the Civil War's final battle, a struggle whose outcome became a significant step on the path to national reunion.
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
In this national bestseller praised by Mark Levin and Sean Hannity, a leading conservative senator explains how the left’s partisan push to pack the Supreme Court with liberal justices has fully migrated from the fringes into the mainstream of Democratic politics. It wasn’t long ago that liberal icons, including the late Supreme Court Justice Ruth Bader Ginsburg, were against the idea of overhauling the court for political gain. But now, in the Biden era, more and more powerful Democrats are getting behind the cause, claiming the high court is broken and actively dismantling our democracy. Even Joe Biden—who once called court-packing a “bonehead idea”—gave in to the progressive wing of his party, appointing a committee to examine “reforms” to the court after being sworn in as president. In Saving Nine, Mike Lee, a brilliant legal mind, details the history of the current composition of the Supreme Court and strongly warns against the norm-shattering precedent that would be set by politically motivated attempts to turn the Supreme Court into just another partisan weapon.