Judicial and political power are inextricably linked in America, but by the time John Roberts and Samuel Alito joined the Supreme Court, that link seemed more important, more significant, and more pervasive than ever before. From war powers to abortion, from tobacco to integration, from the environment to campaign finance, Americans increasingly turn away from the political tools of negotiation, bargaining, and persuasion to embrace what they have come to believe is a more effective, more ...

In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have co...

Although America is unquestionably a nation of immigrants, its immigration policies have inspired more questions than consensus on who should be admitted and what the path to citizenship should be. In Americans in Waiting, Hiroshi Motomura looks to a forgotten part of our past to show how, for over 150 years, immigration was assumed to be a transition to citizenship, with immigrants essentially being treated as future citizens--Americans in waiting. Challenging current conceptions...

**The definitive reckoning with Affirmative Action, one of America’s most explosively contentious and divisive issues—from “one of our most important and perceptive writers on race and the law.”—The Washington Post“A clear-eyed take on America’s battle over affirmative action and diversity.... [Kennedy] goes straight at the issue with fearlessness and a certain cheekiness.” —Los Angeles Times**“Compelling.... Powerful.” —Wall Street Journal

Peter Berkowitz identifies the political principles social conservatives and libertarians share, or should share, and sketches the common ground on which they can and should join forces. Drawing on the writings of Edmund Burke,The Federalist, and the high points of post-World War II American conservatism, he argues that the top political priority for social conservatives and libertarians should be to rally around the principles of liberty embodied in the US Constitution and pursue reform i...

With the 2003 invasion and subsequent occupation of Iraq, the most controversial question in world politics fast became whether the United States stands within the order of international law or outside it. Does America still play by the rules it helped create? American Exceptionalism and Human Rights addresses this question as it applies to U.S. behavior in relation to international human rights. With essays by eleven leading experts in such fields as international relations and i...

This collection of original essays by leading scholars and advocates offers the first international examination of the nature, causes, and effects of laws regulating voting by people with criminal convictions. In deciding whether prisoners shall retain the right to vote, a country faces vital questions about democratic self-definition and constitutional values - and, increasingly, about the scope of judicial power. Yet in the rich and growing literature on comparative constitutionalism, re...

American politics seems to grow more contentious and complicated by the day, and whether American democracy works well is hotly debated. Amidst all this roiling partisan argument and confusing claims and counterclaims, there has never been a greater need for an impartial primer on the basics of the American political system. This Very Short Introduction gives readers a concise, accessible, and sophisticated overview of the vital elements of American democracy, emphasizing both how these el...

To "fight for your rights," or anyone else's, is not just to debate principles but to haggle over budgets.The simple insight that all legally enforceable rights cost money reminds us that freedom is not violated by a government that taxes and spends, but requires it—and requires a citizenry vigilant about how money is allocated. Drawing from these practical, commonsense notions, The Cost of Rights provides a useful corrective to the all-or-nothing feel of ...

America today is at a political impasse; we face a nation divided and discontented. Acclaimed political commentator E.J. Dionne argues that Americans can't agree on who we are as a nation because we can't agree on who we've been, or what it is, philosophically and spiritually, that makes us "Americans."Dionne places our current quarrels in the long-standing tradition of struggle between two core values: the love of individualism and our reverence for community. Both make us who we a...

**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. Th...

Written by one of America's leading political thinkers, this is a book about the good, the bad, and the ugly of identity politics.Amy Gutmann rises above the raging polemics that often characterize discussions of identity groups and offers a fair-minded assessment of the role they play in democracies. She addresses fundamental questions of timeless urgency while keeping in focus their relevance to contemporary debates: Do some identity groups undermine the greater democratic good and thus ...