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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.
Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.
The Pew and the Picket Line collects works from a new generation of scholars working at the nexus where religious history and working-class history converge. Focusing on Christianity and its unique purchase in America, the contributors use in-depth local histories to illustrate how Americans male and female, rural and urban, and from a range of ethnic backgrounds dwelt in a space between the church and the shop floor. Their vivid essays show Pentecostal miners preaching prosperity while seeking miracles in the depths of the earth, while aboveground black sharecroppers and white Protestants establish credit unions to pursue a joint vision of cooperative capitalism. Innovative and essential, The Pew and the Picket Line reframes venerable debates as it maps the dynamic contours of a landscape sculpted by the powerful forces of Christianity and capitalism. Contributors: Christopher D. Cantwell, Heath W. Carter, Janine Giordano Drake, Ken Fones-Wolf, Erik Gellman, Alison Collis Greene, Brett Hendrickson, Dan McKanan, Matthew Pehl, Kerry L. Pimblott, Jarod Roll, Evelyn Sterne, and Arlene Sanchez Walsh.
From a strange, dark chapter in American political history comes the captivating story of Ted Kennedy's 1980 campaign for president against the incumbent Jimmy Carter, told in full for the first time. The Carter presidency was on life support. The Democrats, desperate to keep power and yearning to resurrect former glory, turned to Kennedy. And so, 1980 became a civil war. It was the last time an American president received a serious reelection challenge from inside his own party, the last contested convention, and the last all-out floor fight, where political combatants fought in real time to decide who would be the nominee. It was the last gasp of an outdated system, an insider's game that old Kennedy hands thought they had mastered, and the year that marked the unraveling of the Democratic Party as America had known it. Camelot's End details the incredible drama of Kennedy's challenge -- what led to it, how it unfolded, and its lasting effects -- with cinematic sweep. It is a story about what happened to the Democratic Party when the country's long string of successes, luck, and global dominance following World War II ran its course, and how, on a quest to recapture the magic of JFK, Democrats plunged themselves into an intra-party civil war. And, at its heart, Camelot's End is the tale of two extraordinary and deeply flawed men: Teddy Kennedy, one of the nation's greatest lawmakers, a man of flaws and of great character; and Jimmy Carter, a politically tenacious but frequently underestimated trailblazer. Comprehensive and nuanced, featuring new interviews with major party leaders and behind-the-scenes revelations from the time, Camelot's End presents both Kennedy and Carter in a new light, and takes readers deep inside a dark chapter in American political history.