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The Heart of the Constitution
"This is the untold story of the most celebrated part of the Constitution. Until the twentieth century, few Americans called the first ten amendments the Bill of Rights. When they did after 1900, the Bill of Rights was usually invoked to increase rather than limit federal authority"--
American Founding Son
A history of the origins of the 14th Amendment and the the man who helped craft it John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role ...
Andrew Jackson and the Constitution
Focuses on key Supreme Court battles during Jackson's tenure--states' rights, the status of Native Americans and slaves, and many others--to demonstrate how the fights between Jacksonian Democrats and Federalists, and later Republicans, is simply the inevitable--and cyclical--shift in constitutional interpretation that happens from one generation to the next.
The Tragedy of William Jennings Bryan
Looks at how William Jennings Bryan's attempts to reach the White House invigorated conservatives across the United States and changed approaches to constitutional law.
American Founding Son
John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union’s policy towards the occupied ex-Confederate States, with co...
Washington's Heir
The first biography of George Washington's extraordinary nephew, who inherited Mount Vernon and was Chief Justice John Marshall's right-hand man on the Supreme Court for nearly thirty years. George Washington's nephew and heir was a Supreme Court Justice for over thirty years and left an indelible mark on American law. Despite his remarkable life and notable lineage, he is unknown to most Americans because he cared more about establishing the rule of law than about personal glory. In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War,...
Our American Story: The Search for a Shared National Narrative
Over the past few decades, the complicated divides of geography, class, religion, and race created deep fractures in the United States, each side fighting to advance its own mythology and political interests. We lack a central story, a common ground we can celebrate and enrich with deeper meaning. Unable to agree on first principles, we cannot agree on what it means to be American. As we dismantle or disregard symbols and themes that previously united us, can we replace them with stories and rites that unite our tribes and maintain meaning in our American identity? Against this backdrop, Our American Story features leading thinkers from across the political spectrum—Jim Banks, Pulitzer Pri...
Perspectives on Patentable Subject Matter
Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on one of the most pressing issues in patent law: the basic question about which types of subject matter are even eligible for patent protection, setting aside the widely known requirement that a claimed invention avoid the prior art and be adequately disclosed. Some leading commentators and policy-making bodies and individuals envision patentable subject matter to include anything under the sun made by humans, whereas other leaders envision a range of restrictions for particular fields of endeavor, from business methods and computer software to matters involving life, such as DNA and methods for screening or treating disease. Employing approaches that are both theoretically rigorous and grounded in the real world, this book is well suited for practicing lawyers, managers, lawmakers, and analysts, as well as academics conducting research or teaching a range of courses in law schools, business schools, public policy schools, and in economics and political science departments, at either the undergraduate or graduate level.
Andrew Jackson and the Constitution
What happens when the political ideas and constitutional interpretations of one generation are replaced by those of another? This process has occurred throughout American history down to the present day as "we the people" change our minds about how we govern ourselves. Depicting a monumental clash of generations, Gerard Magliocca reminds us once again how our Constitution remains a living document. Magliocca reinterprets the legal landmarks of the Jacksonian era to demonstrate how the meaning of the Constitution evolves in a cyclical and predictable fashion. He highlights the ideological battles fought by Jacksonian Democrats against Federalists and Republicans over states' rights, president...
The Tragedy of William Jennings Bryan
Although Populist candidate William Jennings Bryan lost the presidential elections of 1896, 1900, and 1908, he was the most influential political figure of his era. In this astutely argued book, Gerard N. Magliocca explores how Bryan's effort to reach the White House energized conservatives across the nation and caused a transformation in constitutional law. Responding negatively to the Populist agenda, the Supreme Court established a host of new constitutional principles during the 1890s. Many of them proved long-lasting and highly consequential, including the "separate but equal" doctrine supporting racial segregation, the authorization of the use of force against striking workers, and the creation of the liberty of contract. The judicial backlash of the 1890s--the most powerful the United States has ever experienced--illustrates vividly the risks of seeking fundamental social change. Magliocca concludes by examining the lessons of the Populist experience for advocates of change in our own divisive times.
