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| brennan center for justice political leaning: The Fight to Vote Michael Waldman, 2022-01-18 On cover, the word right has an x drawn over the letter r with the letter f above it. |
| brennan center for justice political leaning: The Crisis of the Middle-Class Constitution Ganesh Sitaraman, 2017-03-14 In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system. |
| brennan center for justice political leaning: Supreme Inequality Adam Cohen, 2021-02-23 “With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all. |
| brennan center for justice political leaning: The Machinery of Democracy Lawrence D. Norden, Eric Lazarus, Brennan Center for Justice. Task Force on Voting System Security, 2007 The Brennan Center at NYU convened a high-level task force of voting experts from government, academia, and business to systematically analyze various threats to voting technologies that are widely used across the country today. This book offers specific remedies and countermeasures to identify and protect democratic elections from widespread fraud and sabotage. |
| brennan center for justice political leaning: Uncounted Gilda R. Daniels, 2021-10-05 An answer to the assault on voting rights—crucial reading in light of the 2024 presidential election The Voting Rights Act of 1965 is considered one of the most effective pieces of legislation the United States has ever passed. It enfranchised hundreds of thousands of voters, particularly in the American South, and drew attention to the problem of voter suppression. Yet in recent years there has been a continuous assault on access to the ballot box in the form of stricter voter ID requirements, meritless claims of rigged elections, and baseless accusations of voter fraud. In the past these efforts were aimed at eliminating African American voters from the rolls, and today, new laws seek to eliminate voters of color, the poor, and the elderly, groups that historically vote for the Democratic Party. Uncounted examines the phenomenon of disenfranchisement through the lens of history, race, law, and the democratic process. Gilda R. Daniels, who served as Deputy Chief in the United States Department of Justice Civil Rights Division and has more than two decades of voting rights experience, argues that voter suppression works in cycles, constantly adapting and finding new ways to hinder access for an exponentially growing minority population. She warns that a premeditated strategy of restrictive laws and deceptive practices has taken root and is eroding the very basis of American democracy—the right to vote! |
| brennan center for justice political leaning: Inside the Campaign Finance Battle Anthony Corrado, Thomas E. Mann, Trevor Potter, 2004-05-26 In 2002 Congress enacted the Bipartisan Campaign Reform Act (BCRA), the first major revision of federal campaign finance law in a generation. In March 2001, after a fiercely contested and highly divisive seven-year partisan legislative battle, the Senate passed S. 27, known as the McCain-Feingold legislation. The House responded by passing H.R. 2356, companion legislation known as Shays-Meehan, in February 2002. The Senate then approved the House-passed version, and President George W. Bush signed BCRA into law on March 27, 2002, stating that the bill had flaws but overall improves the current system of financing for federal campaigns. The Reform Act was taken to court within hours of the President's signature. Dozens of interest groups and lawmakers who had opposed passage of the Act in Congress lodged complaints that challenged the constitutionality of virtually every aspect of the new law. Following review by a special three-judge panel, the case is expected to reach the U.S. Supreme Court in 2003. This litigation constitutes the most important campaign finance case since the Supreme Court issued its decision in Buckley v. Valeo more than twenty-five years ago. The testimony, submitted by some of the country's most knowledgeable political scientists and most experienced politicians, constitutes an invaluable body of knowledge about the complexities of campaign finance and the role of money in our political system. Unfortunately, only the lawyers, political scientists, and practitioners actually involved in the litigation have seen most of this writing—until now. Ins ide the Campaign Finance Battle makes key testimony in this historic case available to a general readership, in the process shedding new light on campaign finance practices central to the congressional debate on the reform act and to the landmark litigation challenging its constitutionality. |
| brennan center for justice political leaning: The Nation Guide to the Nation Richard Lingeman, Nation Magazine, 2009-01-06 The essential lifestyle guide for the millions of progressives on both coasts, The Nation Guide to The Nation will help left-of-center types find left-leaning shops, cultural institutions, and gathering places in their own hometowns and on the road. CULTURAL: Art collectives / activist documentaries / political circuses / film festivals / writers' colonies / left-brained bookstores / arts advocacy groups / indie book publishers / the 25 greatest political movies / detective stories for liberals SOCIAL: Organic and slow food restaurants / political saloons and bars / bookshop cafés and conversational coffeehouses / sexy singles meet-ups / reading clubs and discussion groups / camps for radical kids / parades and festivals / parks and preserves ENVIRONMENTAL: Activist groups / monkey wrenchers and sea shepherds / eco-friendly products / favorite green markets / super co-ops / eco-tourism / farm communes / energy solutions ORGANIZATIONS: Peace and anti-nuclear / feminist / GLBT / economic policy / immigrant rights / labor issues / campaign finance reform / civil liberties / radical mouthpieces / liberal think tanks MEDIA: Left-talk radio / press watchdogs / anti-corporate media / regional and local papers / alternative weeklies / a guide to the blogosphere GOODS AND SERVICES: Natural food stores / no-sweat clothing / socially conscious mutual funds / political tours / eco-beers and hemp pretzels / funeral homes and cemeteries (for a green send-off!) |
| brennan center for justice political leaning: The Authority of the Court and the Peril of Politics Stephen Breyer, 2021-09-14 A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system. |
| brennan center for justice political leaning: Prisoners of Politics Rachel Elise Barkow, 2019-03-04 A CounterPunch Best Book of the Year A Lone Star Policy Institute Recommended Book “If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.” —James Forman, Jr., author of Locking Up Our Own The United States has the highest rate of incarceration in the world. The social consequences of this fact—recycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizens—are devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being “tough on crime.” A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues for an overdue shift that could upend our prison problem and make America a more equitable society. “A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.” —Bryan Stevenson, author of Just Mercy “Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds.” —David Cole, New York Review of Books “A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.” —Emily Bazelon, author of Charged |
| brennan center for justice political leaning: My Fellow Americans , 2010 THE STORIES BEHIND the WORDS THAT MAKE HISTORY Four Score and Seven Years Ago The Gettysburg Address as told by an eyewitness of the event The only thing we have to fear is fear itself Franklin Delano Roosevelt's stirring call to courage Ask Not What Your Country Can Do For You John F. Kennedy's unforgettable inaugural address Mr. Gorbachev, Tear Down This Wall Ronald Reagan's demand for freedom for the people behind the Iron Curtain Plus Gerald Ford, Jimmy Carter, and Bill Clinton on the speeches that influenced them most Also hear... The voices of every U.S. president since Benjamin Harrison in 1889 A reading of the first presidential speech ever, George Washington's American Experiment address A reenactment of Abraham Lincoln's incendiary House Divided speech Campaign recordings of Theodore Roosevelt and Woodrow Wilson FDR's assertion that Americans have a Rendezvous with Destiny Dwight D. Eisenhower's warning against the Military-Industrial Complex JFK proclaiming Ich Bin Ein Berliner Lyndon Johnson adopting the civil rights hymn We Shall Overcome Gerald Ford promising that Our Long National Nightmare Is Over Ronald Reagan consoling the nation after the space shuttle Challenger explosion George H. W. Bush's call for a Kinder and Gentler Nation Bill Clinton speaking from the pulpit where Martin Luther King Jr. gave his final sermon George W. Bush's ultimatum to Iraq and his promise to its people that The Day of Your Liberation Is Near |
| brennan center for justice political leaning: The People’s Constitution John F. Kowal, 2021-09-21 The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union. |
| brennan center for justice political leaning: Give Us the Ballot Ari Berman, 2015-08-04 A National Book Critics Circle Award Finalist, Nonfiction A New York Times Notable Book of 2015 A Washington Post Notable Nonfiction Book of 2015 A Boston Globe Best Book of 2015 A Kirkus Reviews Best Nonfiction Book of 2015 An NPR Best Book of 2015 Countless books have been written about the civil rights movement, but far less attention has been paid to what happened after the dramatic passage of the Voting Rights Act (VRA) in 1965 and the turbulent forces it unleashed. Give Us the Ballot tells this story for the first time. In this groundbreaking narrative history, Ari Berman charts both the transformation of American democracy under the VRA and the counterrevolution that has sought to limit voting rights, from 1965 to the present day. The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional. Berman brings the struggle over voting rights to life through meticulous archival research, in-depth interviews with major figures in the debate, and incisive on-the-ground reporting. In vivid prose, he takes the reader from the demonstrations of the civil rights era to the halls of Congress to the chambers of the Supreme Court. At this important moment in history, Give Us the Ballot provides new insight into one of the most vital political and civil rights issues of our time. |
| brennan center for justice political leaning: The Democracy Fix Caroline Fredrickson, 2019-04-23 The former special assistant for legislative affairs to President Clinton, president of the American Constitution Society, and author of the damn fine (Elle) Under the Bus shows how the left can undo the right's damage and take the country back Despite representing the beliefs of a minority of the American public on many issues, conservatives are in power not just in Washington, DC, but also in state capitals and courtrooms across the country. They got there because, while progressives fought to death over the nuances of policy and to bring attention to specific issues, conservatives focused on simply gaining power by gaming our democracy. They understood that policy follows power, not the other way around. Now, in a sensational new book, Caroline Fredrickson—who has had a front-row seat on the political drama in DC for decades while working to shape progressive policies as special assistant for legislative affairs to President Clinton, chief of staff to Senator Maria Cantwell, deputy chief of staff to Senator Tom Daschle, and president of the American Constitution Society—argues that it's time for progressives to focus on winning. She shows us how we can learn from the Right by having the determination to focus on judicial elections, state power, and voter laws without stooping to their dishonest, rule-breaking tactics. We must be ruthless in thinking through how to change the rules of the game to regain power, expand the franchise, end voter suppression, win judicial elections, and fight for transparency and fairness in our political system, and Fredrickson shows us how. |
| brennan center for justice political leaning: Inside Private Prisons Lauren-Brooke Eisen, 2017-11-07 When the tough-on-crime politics of the 1980s overcrowded state prisons, private companies saw potential profit in building and operating correctional facilities. Today more than a hundred thousand of the 1.5 million incarcerated Americans are held in private prisons in twenty-nine states and federal corrections. Private prisons are criticized for making money off mass incarceration—to the tune of $5 billion in annual revenue. Based on Lauren-Brooke Eisen’s work as a prosecutor, journalist, and attorney at policy think tanks, Inside Private Prisons blends investigative reportage and quantitative and historical research to analyze privatized corrections in America. From divestment campaigns to boardrooms to private immigration-detention centers across the Southwest, Eisen examines private prisons through the eyes of inmates, their families, correctional staff, policymakers, activists, Immigration and Customs Enforcement employees, undocumented immigrants, and the executives of America’s largest private prison corporations. Private prisons have become ground zero in the anti-mass-incarceration movement. Universities have divested from these companies, political candidates hesitate to accept their campaign donations, and the Department of Justice tried to phase out its contracts with them. On the other side, impoverished rural towns often try to lure the for-profit prison industry to build facilities and create new jobs. Neither an endorsement or a demonization, Inside Private Prisons details the complicated and perverse incentives rooted in the industry, from mandatory bed occupancy to vested interests in mass incarceration. If private prisons are here to stay, how can we fix them? This book is a blueprint for policymakers to reform practices and for concerned citizens to understand our changing carceral landscape. |
| brennan center for justice political leaning: The Future of Election Administration Mitchell Brown, Kathleen Hale, Bridgett A. King, 2019-07-19 As the American election administration landscape changes as a result of major court cases, national and state legislation, changes in professionalism, and the evolution of equipment and security, so must the work of on-the-ground practitioners change. This Open Access title presents a series of case studies designed to highlight practical responses to these changes from the national, state, and local levels. This book is designed to be a companion piece to The Future of Election Administration, which surveys these critical dimensions of elections from the perspectives of the most forward-thinking practitioner, policy, advocacy, and research experts and leaders in these areas today. Drawing upon principles of professionalism and the practical work that is required to administer elections as part of the complex systems, this book lifts up the voices and experiences of practitioners from around the country to describe, analyze, and anticipate the key areas of election administration systems on which students, researchers, advocates, policy makers, and practitioners should focus. Together, these books add to the emerging body of literature that is part of the election sciences community with an emphasis on the practical aspects of administration. |
| brennan center for justice political leaning: Open Judicial Politics Rorie Spill Solberg, Jennifer Segal Diascro, Eric Waltenburg, 2020 |
| brennan center for justice political leaning: Justice on the Brink Linda Greenhouse, 2021-11-09 The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us. |
| brennan center for justice political leaning: Political Brands Ciara Torres-Spelliscy, 2019 From ‘I Like Ike’ to Trump’s MAGA hats, branding and politics have gone hand in hand, selling ideas, ideals and candidates. Political Brands explores the legal framework for the use of commercial branding and advertising techniques in presidential political campaigns, as well as the impact of politics on commercial brands. This thought provoking book examines how branding is used by citizens to change public policy, from Civil Rights activists in the 1960s to survivors of the 2018 Parkland massacre. |
| brennan center for justice political leaning: How Judges Think Richard A. Posner, 2010-05-01 A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court. |
| brennan center for justice political leaning: How Rights Went Wrong Jamal Greene, 2021 An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. |
| brennan center for justice political leaning: Lie Machines Philip N. Howard, 2020-05-01 Technology is breaking politics – what can be done about it? Artificially intelligent “bot” accounts attack politicians and public figures on social media. Conspiracy theorists publish junk news sites to promote their outlandish beliefs. Campaigners create fake dating profiles to attract young voters. We live in a world of technologies that misdirect our attention, poison our political conversations, and jeopardize our democracies. With massive amounts of social media and public polling data, and in depth interviews with political consultants, bot writers, and journalists, Philip N. Howard offers ways to take these “lie machines” apart. Lie Machines is full of riveting behind the scenes stories from the world’s biggest and most damagingly successful misinformation initiatives—including those used in Brexit and U.S. elections. Howard not only shows how these campaigns evolved from older propaganda operations but also exposes their new powers, gives us insight into their effectiveness, and shows us how to shut them down. |
| brennan center for justice political leaning: When the Stars Begin to Fall Theodore R. Johnson, 2021-05-04 A “persuasive . . . heartfelt and vividly written” call to counter systemic racism and build national solidarity in America (Publishers Weekly). The American Promise enshrined in our Constitution states that all men and women are inherently equal. And yet racism continues to corrode our society. If we cannot overcome it, Theodore Johnson argues, the promise that made America unique on Earth will have died. In When the Stars Begin to Fall, Johnson presents a compelling blueprint for the kind of national solidarity necessary to mitigate racism. Weaving together history, personal memories, and his family’s multi-generational experiences with racism, Johnson posits that solutions can be found in the exceptional citizenship long practiced in Black America. Understanding that racism is a structural crime of the state, he argues that overcoming it requires us to recognize that a color-conscious society—not a color-blind one—is the true fulfillment of the American Promise. Fueled by Johnson’s ultimate faith in the American project, grounded in his family’s longstanding optimism and his own military service, When the Stars Begin to Fall is an urgent call to undertake the process of overcoming what has long seemed intractable. |
| brennan center for justice political leaning: Election day Great Britain: Ministry of Justice, 2010-03-22 This paper contains a summary of responses to The governance of Britain: election day: weekend voting (2008, Cm. 7334, ISBN 9780101733427), along with detailed responses to specific questions raised in the consultation, conclusions and next steps. A majority (53 per cent) of respondents favoured retaining weekday voting, but there was also a majority in favour of piloting weekend voting, should it be adopted, before introducing it across the UK. A survey of non-voters suggested many would be more likely to vote if an election was at the weekend. But evidence provided by local authorities and electoral administrators suggests that a weekend poll, particularly one held over two days, would add considerably to the logistical complexity of running elections, particularly in terms of finding appropriate staff and premises. The Government believes that the potential benefits are outweighed by the overall lack of consensus, and does not propose to move forward with weekend voting at this time. It would, though, re-examine the option should a stronger view in favour emerge in the future. |
| brennan center for justice political leaning: Disrupt, Discredit, and Divide Mike German, 2019-09-10 Impressively researched and eloquently argued, former special agent Mike German’s Disrupt, Discredit, and Divide tells the story of the transformation of the FBI after the 9/11 attacks from a law enforcement agency, made famous by prosecuting organized crime and corruption in business and government, into arguably the most secretive domestic intelligence agency America has ever seen. German shows how FBI leaders exploited the fear of terrorism in the aftermath of 9/11 to shed the legal constraints imposed on them in the 1970s in the wake of Hoover-era civil rights abuses. Empowered by the Patriot Act and new investigative guidelines, the bureau resurrected a discredited theory of terrorist “radicalization” and adopted a “disruption strategy” that targeted Muslims, foreigners, and communities of color, and tarred dissidents inside and outside the bureau as security threats, dividing American communities against one another. By prioritizing its national security missions over its law enforcement mission, the FBI undermined public confidence in justice and the rule of law. Its failure to include racist, anti-Semitic, Islamophobic, and xenophobic violence committed by white nationalists within its counterterrorism mandate only increased the perception that the FBI was protecting the powerful at the expense of the powerless. Disrupt, Discredit, and Divide is an engaging and unsettling contemporary history of the FBI and a bold call for reform, told by a longtime counterterrorism undercover agent who has become a widely admired whistleblower and a critic for civil liberties and accountable government. |
| brennan center for justice political leaning: A Right to Lie? Catherine J. Ross, 2021-11-30 Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options. |
| brennan center for justice political leaning: Election Meltdown Richard L. Hasen, 2020-02-04 From the nation’s leading expert, an indispensable analysis of key threats to the integrity of the 2020 American presidential election As the 2020 presidential campaign begins to take shape, there is widespread distrust of the fairness and accuracy of American elections. In this timely and accessible book, Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old-fashioned and new-fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about “stolen” elections supercharges distrust among hardcore partisans. Taking into account how each of these threats has manifested in recent years—most notably in the 2016 and 2018 elections—Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined. |
| brennan center for justice political leaning: Constitutional Conscience H. Jefferson Powell, 2008-09-15 While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves. |
| brennan center for justice political leaning: The Most Dangerous Branch David A. Kaplan, 2018-09-04 In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle. |
| brennan center for justice political leaning: The Second Creation Jonathan Gienapp, 2018-10-09 A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional. |
| brennan center for justice political leaning: The Myth of Voter Fraud Lorraine C. Minnite, 2011-03-15 Allegations that widespread voter fraud is threatening to the integrity of American elections and American democracy itself have intensified since the disputed 2000 presidential election. The claim that elections are being stolen by illegal immigrants and unscrupulous voter registration activists and vote buyers has been used to persuade the public that voter malfeasance is of greater concern than structural inequities in the ways votes are gathered and tallied, justifying ever tighter restrictions on access to the polls. Yet, that claim is a myth. In The Myth of Voter Fraud, Lorraine C. Minnite presents the results of her meticulous search for evidence of voter fraud. She concludes that while voting irregularities produced by the fragmented and complex nature of the electoral process in the United States are common, incidents of deliberate voter fraud are actually quite rare. Based on painstaking research aggregating and sifting through data from a variety of sources, including public records requests to all fifty state governments and the U.S. Justice Department, Minnite contends that voter fraud is in reality a politically constructed myth intended to further complicate the voting process and reduce voter turnout. She refutes several high-profile charges of alleged voter fraud, such as the assertion that eight of the 9/11 hijackers were registered to vote, and makes the question of voter fraud more precise by distinguishing fraud from the manifold ways in which electoral democracy can be distorted. Effectively disentangling misunderstandings and deliberate distortions from reality, The Myth of Voter Fraud provides rigorous empirical evidence for those fighting to make the electoral process more efficient, more equitable, and more democratic. |
| brennan center for justice political leaning: Brennan Vs. Rehnquist Peter H. Irons, 1994 We see these two men serving together for two momentous decades, the leaders of the Court's liberal and conservative factions. We come to know them, their characters, their personalities, their beliefs. |
| brennan center for justice political leaning: Impeach Neal Katyal, Sam Koppelman, 2019 INSTANT NEW YORK TIMES BESTSELLER Why President Trump has left us with no choice but to remove him from office, as explained by celebrated Supreme Court lawyer and former Acting Solicitor General Neal Katyal. No one is above the law. This belief is as American as freedom of speech and turkey on Thanksgiving--held sacred by Democrats and Republicans alike. But as celebrated Supreme Court lawyer and former Acting Solicitor General Neal Katyal argues in Impeach, if President Trump is not held accountable for repeatedly asking foreign powers to interfere in the 2020 presidential election, this could very well mark the end of our democracy. To quote President George Washington's Farewell Address: Foreign influence is one of the most baneful foes of republican government. Impeachment should always be our last resort, explains Katyal, but our founders, our principles, and our Constitution leave us with no choice but to impeach President Trump--before it's too late. |
| brennan center for justice political leaning: Political Philosophy Jason Brennan, 2016-02-09 Most political debate is superficial. Just turn on cable news. Philosophy is for people who want to understand the deep questions. The goal of political philosophy is to determine the standards by which we judge different institutions good or bad, just or unjust. Some people might think they don’t have much need of political philosophy: “Who cares about wishy-washy obtuse notions of justice? I’m a pragmatist. I just want to know what works.” But this isn’t a way of avoiding political philosophy; it’s a way of being dogmatic about it. Before we can just do “what works,” we have to know what counts as working. This book serves as an introduction to some of the major theories of justice, to the arguments philosophers have made for and against these theories, and, ultimately, to how to be more thoughtful and rigorous in your own thinking. |
| brennan center for justice political leaning: Who Robbed America? Michael Waldman, 1990 The first straightforward, comprehensive explanation of the savings and loan scandal--what happened, why it happened and which politicians in Washington are to blame. |
| brennan center for justice political leaning: The Cycles of Constitutional Time J. M. Balkin, 2020 The Cycles of Constitutional Time shows where American democracy has been and projects where it is going. Jack Balkin explains why our politics seems so dysfunctional and why fights over the courts seem so bitter and unhinged. He portrays our present troubles in terms of longer, constitutional trends. In doing so, he also offers a message of hope for the future. The same trends that put us in this predicament are slowly changing. Our political system can get better if Americans mobilize to change it. |
| brennan center for justice political leaning: We the People Erwin Chemerinsky, 2018-11-13 This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece. --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America |
| brennan center for justice political leaning: Understanding Crime Trends National Research Council, Division of Behavioral and Social Sciences and Education, Committee on Law and Justice, Committee on Understanding Crime Trends, 2009-01-05 Changes over time in the levels and patterns of crime have significant consequences that affect not only the criminal justice system but also other critical policy sectors. Yet compared with such areas as health status, housing, and employment, the nation lacks timely information and comprehensive research on crime trends. Descriptive information and explanatory research on crime trends across the nation that are not only accurate, but also timely, are pressing needs in the nation's crime-control efforts. In April 2007, the National Research Council held a two-day workshop to address key substantive and methodological issues underlying the study of crime trends and to lay the groundwork for a proposed multiyear NRC panel study of these issues. Six papers were commissioned from leading researchers and discussed at the workshop by experts in sociology, criminology, law, economics, and statistics. The authors revised their papers based on the discussants' comments, and the papers were then reviewed again externally. The six final workshop papers are the basis of this volume, which represents some of the most serious thinking and research on crime trends currently available. |
| brennan center for justice political leaning: The Case Against the Supreme Court Erwin Chemerinsky, 2015-09-29 Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it. |
| brennan center for justice political leaning: The Chief Joan Biskupic, 2019-03-26 An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court. |
| brennan center for justice political leaning: POTUS Speaks Michael Waldman, 2000 President Clinton's chief speech writer from 1992 to 1999 takes readers inside the West Wing in the rapid-fire, modern media age and reveals what it is like to be in the eye of that hurricane. The debate about Clinton's legacy has begun, and Waldman's account suggests that Clinton was in unexpected ways an effective and important president. |
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