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Against Constitutional Originalism
A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority “What are the chances that, in 2024, a new book could fundamentally reorient how we understand America’s founding? Jonathan Gienapp . . . has written such a book. . . . You read it, and you get vertigo. . . . Gienapp’s book comes as a thunderclap.”—Cass Sunstein, Washington Post Constitutional originalism stakes law to history. The theory’s core tenet—that the U.S. Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the d...
Secession on Trial
This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.
How Constitutional Rights Matter
Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice.
The Hollow Core of Constitutional Theory
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Devices and Desires
When an engineer is sentenced to death for a petty transgression of guild law, he flees the city, leaving behind his wife and daughter. Forced into exile, he seeks a terrible vengeance -- one that will leave a trail of death and destruction in its wake. But he will not be able to achieve this by himself. He must draw up his plans using the blood of others. . . In a compelling tale of intrigue and injustice, K. J. Parker's embittered hero takes up arms against his enemies, using the only weapons he has left to him: his ingenuity and his passion -- his devices and desires.
Marijuana Federalism
On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal “controlled substance” under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly ...
Supreme Ambitions
Supreme Ambitions details the rise of Audrey Coyne, a recent Yale Law School graduate who dreams of clerking for the U.S. Supreme Court someday. Audrey moves to California to clerk for Judge Christina Wong Stinson, a highly regarded appeals-court judge who is Audrey's ticket to a Supreme Court clerkship. While working for the powerful and driven Judge Stinson, Audrey discovers that high ambitions come with a high price. Toss in some headline-making cases, a little romance, and a pesky judicial gossip blog, and you have a legal novel with the inside scoop you'd expect from the founder of Above the Law, one of the nation's most widely read and influential legal websites.
The Collapse of Constitutional Remedies
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was h...
A Debt Against the Living
This book is an introduction to and defense of originalism and the Founding intended for a more general audience. No similar book exists. It is aimed at law students, advanced college students, policymakers, and the politically interested reader seeking a general introduction to originalism and its implications for today.
