You may have to Search all our reviewed books and magazines, click the sign up button below to create a free account.
In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of...
Zietlow explores the ideological origins of Reconstruction and the constitutional changes in this era through the life of James Mitchell Ashley.
Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.
In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with ...
Examines the experiences of couples in controversial unions and the legal and cultural backlash against contested marital arrangements in twentieth-century America. Will appeal to readers studying marriage law, gender, sexuality, class, and race in the US, and those seeking historical insight into the recent debates over the definition of marriage.
In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in ...
"This volume, which contains essays by both historians and legal scholars, examines various aspects of the Civil Rights Act of 1866, the first federal civil rights statute in American history"--
A sweeping history of the Lower Mississippi Valley and its central role in abolishing slavery in the American South.
An engaging exploration of the legal and policy questions surrounding U.S. national security and international travel
Pushing back against the idea that the Slave Power conspiracy was merely an ideological construction, Alice Elizabeth Malavasic argues that some southern politicians in the 1850s did indeed hold an inordinate amount of power in the antebellum Congress and used it to foster the interests of slavery. Malavasic focuses her argument on Senators David Rice Atchison of Missouri, Andrew Pickens Butler of South Carolina, and Robert M. T. Hunter and James Murray Mason of Virginia, known by their contemporaries as the "F Street Mess" for the location of the house they shared. Unlike the earlier and better-known triumvirate of John C. Calhoun, Henry Clay, and Daniel Webster, the F Street Mess was a fun...