Listen to a short interview with Donald CritchlowHost: Chris Gondek | Producer: Heron & Crane

Despite significant losses in the 2006 midterm elections, the Republican Right remains a powerful and defining force in American politics. Donald Critchlow, a leading historian of American conservatism, shows that time and again the GOP Right appeared defeated, only to rebound with explosive force. The ascendancy of the GOP Right was not preordained, nor was its political triumph inevitable. Rather, the history of the postwar Right was one of fierce political warfare as moderate Republicans battled right-wing Republicans for control of their party, and conservatives battled liberals for control of government. In the struggle against the dominant New Deal state, conservatives gained control of the Republican party, but their advance against liberalism and the Democratic party proved less steady. At each point the accident of historical circumstance precluded a predictable outcome.

In this provocative history of the Right in modern America, Critchlow finds a deep dilemma inherent in how conservative Republicans expressed their anti-statist ideology in an age of mass democracy and Cold War hostilities. As the Right moved forward with its political program, partisanship intensified and ideological division widened--both between the parties and across the electorate. This intensified partisanship reflects the vibrancy of a mature democracy, Critchlow argues, and a new level of political engagement despite its disquieting effect on American political debate.

The Conservative Ascendancy boldly captures the twists and turns of the GOP Right over the last sixty years, offering a story of how deeply held beliefs about the nature of the individual and the good society are translated into political power.

The Conservative Turn tells the story of postwar America’s political evolution through two fascinating figures: Lionel Trilling and Whittaker Chambers. Born at the turn of the twentieth century, they were college classmates who went on to intellectual prominence, sharing the questions, crises, and challenges of their generation.

A spy for the Soviet Union in the 1930s, Chambers became the main witness in the 1948 trial of Alger Hiss, which ended in Hiss’s conviction for perjury. The trial advanced the careers of Richard Nixon and Joseph McCarthy and marked the beginning of the Cold War mood in America. Chambers was also a major conservative thinker, a theorist of the postwar conservative movement.

Meanwhile, in the 1940s and 1950s, the literary critic Trilling wrote important essays that encouraged liberals to disown their radical past and to embrace a balanced maturity. Trilling’s liberal anti-communism was highly influential, culminating politically in the presidency of John F. Kennedy.

Kimmage argues that the divergent careers of these two men exemplify important developments in postwar American politics: the emergence of modern conservatism and the rise of moderate liberalism, crucially shaped by anti-communism. Taken together, these developments constitute a conservative turn in American political and intellectual life—a turn that continues to shape America’s political landscape.

Integrating women into special operations forces poses potential challenges for unit cohesion. The integration of women raises issues of effectiveness, in terms of physical standards and ensuring the readiness, cohesion, and morale essential to high-performing teams. This report assesses those challenges and provides analytical support for validating occupational standards for positions controlled by U.S. Special Operations Command.

JFK, Karl Marx, the Pope, Aristotle Onassis, Queen Elizabeth II, Howard Hughes, Fox Mulder, Bill Clinton--all have been linked to vastly complicated global (or even galactic) intrigues. In this enlightening tour of conspiracy theories, Mark Fenster guides readers through this shadowy world and analyzes its complex role in American culture and politics. Fenster argues that conspiracy theories are a form of popular political interpretation and contends that understanding how they circulate through mass culture helps us better understand our society as a whole. To that end, he discusses Richard Hofstadter's The Paranoid Style in American Politics, the militia movement, The X-Files, popular Christian apocalyptic thought, and such artifacts of suspicion as The Turner Diaries, the Illuminatus! trilogy, and the novels of Richard Condon. Fenster analyzes the "conspiracy community" of radio shows, magazine and book publishers, Internet resources, and role-playing games that promote these theories. In this world, the very denial of a conspiracy's existence becomes proof that it exists, and the truth is always "out there." He believes conspiracy theory has become a thrill for a bored subculture, one characterized by its members' reinterpretation of "accepted" history, their deep cynicism about contemporary politics, and their longing for a utopian future. Fenster's progressive critique of conspiracy theories both recognizes the secrecy and inequities of power in contemporary politics and economics and works toward effective political engagement. Probing conspiracy theory's tendencies toward scapegoating, racism, and fascism, as well as Hofstadter's centrist acceptance of a postwar American "consensus," he advocates what conspiracy theory wants but cannot articulate: a more inclusive, engaging political culture. "Fenster, a lone writer (the literary equivalent of a lone gunman, perhaps), segues from the novels of Thomas Pynchon to the Clinton Death List. . . . Conspiracy Theories is a dangerous book. I suspect 'they' (and you know who I mean, of course) will take care of this lone writer any day now."--Bookforum "Fenster makes a powerful argument for regarding conspiracism as an integral product of the political system, reflecting inadequacies the establishment itself is blind to and expressing strong desires for the realization of frustrated ideals. Conspiracy Theories is a fascinating look at an important, little-studied topic. Informative and thought-provoking." --Philadelphia City Paper "Fenster culls the liveliest counterintelligences out there--the Michigan Militia, religious millennialists, Chris Carter, even Oliver Stone--and sets them up as the last idealists. They might be obsessive and maniacal, but they're after a transparent political system, where big business and the government can be held accountable. Their 'paranoid style,' according to Fenster, is just old-school populism refitted for the media age." --Voice Literary Supplement "Fenster makes a powerful argument for regarding conspiracism as an integral product of the political system, reflecting inadequacies the establishment itself is blind to and expressing strong desires for the realization of frustrated ideals. Conspiracy Theories is a fascinating look at an important, little-studied topic. Informative and thought-provoking." Philadelphia City Paper "Fenster's careful examination of conspiratorial beliefs as evidence by right-wing groups, by various media, and even by those who devise such theories as a form of ludic or satiric endeavor (like Robert Anton Wilson) is revealing. And his articulation of the set of political-rather than pathological-reasons for their behavior is salutary." --American Book Review "Fenster's extensive and impressive research provided a means of coming to terms with the radical disjunction between the interpretive framework which I used to understand events such as the one at Littleton, and a framework at odds with my own which was now confronting me on a daily basis." --Canadian Journal of Communication "In this lively and wide-ranging critique, Fenster argues that conspiracy theories are attempts to engage in a more inclusive political culture." --Religious Studies Review "Mark Fenster has provided a solid and illuminating study of the public's fascination with conspiracy theories and sets forth a stimulating correlation between the popularity of such theories and the social and political values of our society. This is a comprehensive and intriguing analysis of our often obsessive interest in conspiracy theories." --Gerald Posner, author of Killing the Dream : James Earl Ray and the Assassination of Martin Luther King, Jr. and Case Closed : Lee Harvey Oswald and the Assassination of JFK "I find the issue of conspiracy theory compelling and appreciate Fenster's fruitful approach to what has been mysteriously ignored by the academy." --Barbie Zelizer, author of Covering the Body: The Kennedy Assassination, the Media, and the Shaping of Collective Memory "Fenster shines a powerful light on the fantasies of secrecy that pervade American culture, illuminating both the way they originate and how they work. His analysis is theoretically acute, his criticism of previous scholarly studies is compelling, and he offers razor-sharp readings of an impressive array of movements, events, and cultural practices. He stands out, above all, for his ability to capture the power and appeal of conspiratorial understandings of politics even as he explains their fundamental political limitations. The only thing that can keep this book from having the impact it deserves is a vast, academic conspiracy." --Mark T. Reinhardt, Williams College Mark Fenster received his Ph.D. in communication from the University of Illinois and his law degree from Yale University. He currently lives in Denver.

Ever since the Warren Commission concluded that a lone gunman assassinated President John F. Kennedy, people who doubt that finding have been widely dismissed as conspiracy theorists, despite credible evidence that right-wing elements in the CIA, FBI, and Secret Service—and possibly even senior government officials—were also involved. Why has suspicion of criminal wrongdoing at the highest levels of government been rejected out-of-hand as paranoid thinking akin to superstition?

Conspiracy Theory in America investigates how the Founders’ hard-nosed realism about the likelihood of elite political misconduct—articulated in the Declaration of Independence—has been replaced by today’s blanket condemnation of conspiracy beliefs as ludicrous by definition. Lance deHaven-Smith reveals that the term “conspiracy theory” entered the American lexicon of political speech to deflect criticism of the Warren Commission and traces it back to a CIA propaganda campaign to discredit doubters of the commission’s report. He asks tough questions and connects the dots among five decades’ worth of suspicious events, including the assassinations of John and Robert Kennedy, the attempted assassinations of George Wallace and Ronald Reagan, the crimes of Watergate, the Iran-Contra arms-for-hostages deal, the disputed presidential elections of 2000 and 2004, the major defense failure of 9/11, and the subsequent anthrax letter attacks.

Sure to spark intense debate about the truthfulness and trustworthiness of our government, Conspiracy Theory in America offers a powerful reminder that a suspicious, even radically suspicious, attitude toward government is crucial to maintaining our democracy.

The first full-scale biography of Robert Welch, who founded the John Birch Society and planted some of modern conservatism’s most insidious seeds.
 
Though you may not know his name, Robert Welch (1899-1985)—founder of the John Birch Society—is easily one of the most significant architects of our current political moment. In A Conspiratorial Life, the first full-scale biography of Welch, Edward H. Miller delves deep into the life of an overlooked figure whose ideas nevertheless reshaped the American right.

A child prodigy who entered college at age 12, Welch became an unlikely candy magnate, founding the company that created Sugar Daddies, Junior Mints, and other famed confections. In 1958, he funneled his wealth into establishing the organization that would define his legacy and change the face of American politics: the John Birch Society. Though the group’s paranoiac right-wing nativism was dismissed by conservative thinkers like William F. Buckley, its ideas gradually moved from the far-right fringe into the mainstream. By exploring the development of Welch’s political worldview, A Conspiratorial Life shows how the John Birch Society’s rabid libertarianism—and its highly effective grassroots networking—became a profound, yet often ignored or derided influence on the modern Republican Party. Miller convincingly connects the accusatory conservatism of the midcentury John Birch Society to the inflammatory rhetoric of the Tea Party, the Trump administration, Q, and more. As this book makes clear, whether or not you know his name or what he accomplished, it’s hard to deny that we’re living in Robert Welch’s America.
 

This study may be the most sophisticated statistical study of legislative voting now in print. The author asks why legislators, especially U.S. senators, vote as they do. Are they influenced by their constituencies, party, committee leaders, the President? By taking a relatively short time span, the years 1961 to 1963, the author is able to give us answers far beyond any we have had before, and some rather surprising ones at that.

Constituencies played a different, but more important role in senators' voting than earlier studies have shown. Senators appeared to be responding both to the opinion held by their constituents on different issues and to the intensity with which these opinions were held. On the interrelation of constituencies and party, Mr. Jackson finds that Republicans and southern Democrats were particularly influenced by their voters.

The clearest cases of leadership influence were among the non-southern members of the Democratic Party. Western Republicans, on the other hand, rejected the leadership of party members for that of committee leaders. Finally, on Presidential leadership, Mr. Jackson shows that John F. Kennedy influenced senators only during the first two years of his administration. All of these findings challenge conventional wisdom and are bound to influence future work in legislative behavior.

In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law.

Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.

In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln’s conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

This acclaimed series serves as a biography of the U.S. Constitution, offering an indispensable survey of the congressional history behind its development. In a rare examination of the role that both the legislative and executive branches have played in the development of constitutional interpretation, The Constitution in Congress shows how the actions and proceedings of these branches reveal perhaps even more about constitutional disputes than Supreme Court decisions of the time.

The centerpiece for the fourth volume in this series is the great debate over slavery and how this divisive issue led the country into the maelstrom of the Civil War. From the Jacksonian revolution of 1829 to the secession of Southern states from the Union, legal scholar David P. Currie provides an unrivaled analysis of the significant constitutional events—the Wilmot Proviso, the Compromise of 1850, the Kansas-Nebraska Act, the Lincoln-Douglas Debates, and "Bleeding Kansas"—that led up to the war. Exploring how slavery was addressed in presidential speeches and debated in Congress, Currie shows how the Southern Democrats dangerously diminished federal authority and expanded states' rights, threatening the nation's very survival. 

Like its predecessors, this fourth volume of The Constitution in Congress will be an invaluable reference for legal scholars and constitutional historians alike.

An eye-opening account of how Americans came to revere the Constitution and what this reverence has meant domestically and around the world.

Some Americans today worry that the Federal Constitution is ill-equipped to respond to mounting democratic threats and may even exacerbate the worst features of American politics. Yet for as long as anyone can remember, the Constitution has occupied a quasi-mythical status in American political culture, which ties ideals of liberty and equality to assumptions about the inherent goodness of the text’s design. The Constitutional Bind explores how a flawed document came to be so glorified and how this has impacted American life.

In a pathbreaking retelling of the American experience, Aziz Rana shows that today’s reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home.

Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind also sheds light on an array of movement activists—in Black, Indigenous, feminist, labor, and immigrant politics—who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights.

Constitutional Choices illuminates the world of scholarship and advocacy uniquely combined by Laurence Tribe, one of the nation’s leading professors of constitutional law and most successful practitioners before the Supreme Court. In his new hook, Tribe boldly moves beyond the seemingly endless debate over which judicial approaches to enforcing the Constitution are “legitimate” and which are not. Arguing that all claims to legitimacy must remain suspect, Tribe focuses instead on the choices that must nonetheless be made in resolving actual constitutional controversies. To do so, he examines problems as diverse as interstate banking, gender discrimination, church subsidies, the constitutional amendment process, the war powers of the President, and First Amendment protection of American Nazis.

Challenging the ruling premises underlying many of the Supreme Court’s positions on fundamental issues of government authority and individual rights, Tribe shows how the Court is increasingly coming to resemble a judicial Office of Management and Budget, straining constitutional discourse through a managerial sieve and defending its constitutional rulings by “balancing” what it counts as “costs” against what it deems “benefits.” Tribe explains how the Court’s “Calculus” systematically excludes basic concerns about the distribution of wealth and power and conceals fundamental choices about the American polity. Calling for a more candid confrontation of those choices and of the principles and perspectives they reflect, Tribe exposes what has gone wrong and suggests how the Court can begin to reclaim the historic role entrusted to it by the Constitution.

This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation.

Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Americans have a love-hate relationship with government. Rejecting bureaucracy—but not the goods and services the welfare state provides—Americans have demanded that government be made to run like a business. Hence today’s privatization revolution.

But as Jon D. Michaels shows, separating the state from its public servants, practices, and institutions does violence to our Constitution, and threatens the health and stability of the Republic. Constitutional Coup puts forward a legal theory that explains the modern welfare state as a worthy successor to the framers’ three-branch government.

What legitimates the welfare state is its recommitment to a rivalrous system of separation of powers, in which political agency heads, career civil servants, and the public writ large reprise and restage the same battles long fought among Congress, the president, and the courts. Privatization now proclaims itself as another worthy successor, this time to an administrative state that Americans have grown weary of. Yet it is a constitutional usurper. Privatization dismantles those commitments to separating and checking state power by sidelining rivalrous civil servants and public participants.

Constitutional Coup cements the constitutionality of the administrative state, recognizing civil servants and public participants as necessary—rather than disposable—components. Casting privatization as an existential constitutional threat, it underscores how the fusion of politics and profits commercializes government—and consolidates state power in ways both the framers and administrative lawyers endeavored to disaggregate. It urges—and sketches the outlines of—a twenty-first-century bureaucratic renaissance.

In a series of remarkable forays, Robert Post develops an original account of how law functions in a democratic society. His work offers a radically new perspective on some of the most pressing constitutional issues of our day, such as the regulation of racist speech, pornography, and privacy.

Drawing on work in sociology, philosophy, and political theory, Post demonstrates that the law establishes distinct and competing forms of social order: democracy, in which the law embodies the possibilities of collective self-determination; community, in which the law articulates and enforces a common social identity; and management, in which the law creates the conditions for accomplishing specific goals. Debates over the boundaries between these distinct domains, Post argues, are central to some of the most intractable problems of modern constitutional law. Here we see, for instance, how the controversy over the regulation of racist speech negotiates the boundary between communitarian and democratic forms of social ordering. We see how public forum doctrine, a crucial but notoriously mysterious component of First Amendment jurisprudence, arbitrates distinctions between the social domains of democracy and management. Taking up specific court cases, such as that against Hustler magazine and that allowing prayers before state legislatures, Post shows us what is actually at stake in these constitutional struggles.

A highly complex and sophisticated account of the operation of constitutional law in modern society, Constitutional Domains is essential reading for lawyers, social theorists, and makers of public policy.

Designed for use in courses, this abridged edition of the four-volume Constitutional History of the American Revolution demonstrates how significant constitutional disputes were in instigating the American Revolution. John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement. Reid's distinctive analysis discusses the irreconcilable nature of this conflict—irreconcilable not because leaders in politics on both sides did not desire a solution, but because the dynamics of constitutional law impeded a solution that permitted the colonies to remain part of the dominions of George III.

The Supreme Court’s decisions concerning the first amendment are hotly debated, and the controversy shows no signs of abating as additional cases come before the court. Adding much-needed historical and philosophical background to the discussion, Richard J. Regan reconsiders some of the most important Supreme Court cases regarding the establishment clause and the free exercise of religion.

Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book.

The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society.

Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.

Political constitutions, hammered out by imperfect human beings in periods of intense political controversy, are always compromises with injustice. What makes the U.S. Constitution legitimate, argues this daring book, is Americans’ enduring faith that the Constitution’s promises can someday be redeemed, and the constitutional system be made “a more perfect union.”

A leading constitutional theorist, Balkin argues eloquently that the American constitutional project is based in faith, hope, and a narrative of shared redemption. Our belief that the Constitution will deliver us from evil shows in the stories we tell one another about where our country came from and where it is headed, and in the way we use these historical touchstones to justify our fervent (and opposed) political creeds. Because Americans have believed in a story of constitutional redemption, we have assumed the right to decide for ourselves what the Constitution means, and have worked to persuade others to set it on the right path. As a result, constitutional principles have often shifted dramatically over time. They are, in fact, often political compromises in disguise.

What will such a Constitution become? We cannot know. But our belief in the legitimacy of the Constitution requires a leap of faith—a gamble on the ultimate vindication of a political project that has already survived many follies and near-catastrophes, and whose destiny is still over the horizon.

Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution?

In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Whereas other scholars have tried to reconcile these features with majority rule, or simply acknowledged them as necessary limits on democracy, Eisgruber argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy. In an original and provocative argument, he contends that legislatures and elections provide only an incomplete representation of the people, and he claims that the Supreme Court should be regarded as another of the institutions able to speak for Americans about justice. At a pivotal moment of worldwide interest in judicial review and renewed national controversy over the Supreme Court's role in politics, Constitutional Self-Government ingeniously locates the Constitution's value in its capacity to sustain an array of institutions that render self-government meaningful for a large and diverse people.

This book describes the constitutional law of foreign affairs, derived from the historical understanding of the Constitution's text. It examines timeless and recurring foreign affairs controversies--such as the role of the president and Congress, the power to enter armed conflict, and the power to make and break treaties--and shows how the words, structure, and context of the Constitution can resolve pivotal court cases and leading modern disputes. The book provides a counterpoint to much conventional discussion of constitutional foreign affairs law, which tends to assume that the Constitution's text and history cannot give much guidance, and which rests many of its arguments upon modern practice and policy considerations.

Using a close focus on the text and a wide array of historical sources, Michael Ramsey argues that the Constitution's original design gives the president substantial independent powers in foreign affairs. But, contrary to what many presidents and presidential advisors contend, these powers are balanced by the independent powers given to Congress, the Senate, the states, and the courts. The Constitution, Ramsey concludes, does not make any branch of government the ultimate decision maker in foreign affairs, but rather divides authority among multiple independent power centers.

A strong and lively defense of substantive due process.
 
From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today.  
 
Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. 
 
Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all. 

How Black and white Cubans navigated issues of race, politics, and identity during the post-Civil War and early Jim Crow eras in South Florida.

On July 4, 1876, during the centennial celebration of US independence, the city of Key West was different from other cities. In some of post-Civil War Florida, Black residents were hindered from 4th of July festivities; but, Key West's celebration, “led by a Cuban revolutionary mayor working in concert with a city council composed of Afro-Bahamians, Cubans, African Americans, and Anglos,” represented a profound exercise in interracial democracy amid the Radical Reconstruction era.

Constructing Cuban America examines the first Cuban American communities in South Florida—Key West and Tampa—and how race played a central role in shaping the experiences of white and Black Cubans. Andrew Gomez argues that factors like the Cuban independence movement and Radical Reconstruction produced interracial communities of Cubans that worked alongside African Americans and Afro-Bahamians in Florida, yielding several successes in interracial democratic representation, even as they continued to wrestle with elements of racial separatism within the Cuban community. But the conclusion of the Cuban War of Independence and early Jim Crow laws led to a fracture in the Cuban-American community. In the process, both Black and white Cubans posited distinct visions of Cuban-American identity.

A Choice Outstanding Academic Book, 2002

The formation of a group identity has always been a major preoccupation of Mexican American political organizations, whether they seek to assimilate into the dominant Anglo society or to remain separate from it. Yet organizations that sought to represent a broad cross section of the Mexican American population, such as LULAC and the American G.I. Forum, have dwindled in membership and influence, while newer, more targeted political organizations are prospering—clearly suggesting that successful political organizing requires more than shared ethnicity and the experience of discrimination.

This book sheds new light on the process of political identity formation through a study of the identity politics practiced by four major Mexican American political organizations—the Southwest Network for Environmental and Economic Justice, the Southwest Industrial Areas Foundation, the Texas Association of Mexican American Chambers of Commerce, and the Mexican American Women's National Association (now known as MANA—A National Latina Organization). Through interviews with activists in each organization and research into their records, Benjamin Marquez clarifies the racial, class-based, and cultural factors that have caused these organizations to create widely differing political identities. He likewise demonstrates why their specific goals resonate only with particular segments of the Mexican American community.

When it’s time to start planning for a renovation or construction project, you don’t need a book that covers everything from A to Z. Instead you need a concentrated set of tools and techniques that will guide you and your team to find the best solutions for your specific project. That’s exactly what library building expert Schlipf provides in his new book, which will be a key resource for library directors, administrators, board members, trustees, and planning professionals. Pinpointing the elements that make library buildings functional, in this book readers will find

• a streamlined organization of the text that enables quick consultation and facilitates collaboration;
• concise coverage of the essentials of the library construction process, including who does what, how things work, and how to stay out of trouble along the way;
• advice on important planning and workflow considerations such as site selection, schematic design, funding, design development, the bidding process, construction, and post-construction occupancy;
• discussion of the characteristics of successful library buildings—buildings that are easy to maintain, welcoming to people with disabilities, have less trouble-prone restrooms, and provide security for users, staff, and collections; and
• an overview of bad ideas in library architecture, with pointed guidance on how to steer clear of them from the very beginning of your project. 

Katherine Singer Kovács Book Award, Society for Cinema and Media Studies, 2011

With a cast ranging from Pancho Villa to Dolores del Río and Tina Modotti, Constructing the Image of the Mexican Revolution demonstrates the crucial role played by Mexican and foreign visual artists in revolutionizing Mexico's twentieth-century national iconography. Investigating the convergence of cinema, photography, painting, and other graphic arts in this process, Zuzana Pick illuminates how the Mexican Revolution's timeline (1910–1917) corresponds with the emergence of media culture and modernity.

Drawing on twelve foundational films from Que Viva Mexico! (1931–1932) to And Starring Pancho Villa as Himself (2003), Pick proposes that cinematic images reflect the image repertoire produced during the revolution, often playing on existing nationalist themes or on folkloric motifs designed for export. Ultimately illustrating the ways in which modernism reinvented existing signifiers of national identity, Constructing the Image of the Mexican Revolution unites historicity, aesthetics, and narrative to enrich our understanding of Mexicanidad.

As the Cold War took shape during the late 1940s, policymakers in the United States and Great Britain displayed a marked tendency to regard international communism as a “monolithic” conspiratorial movement. The image of a “Communist monolith” distilled the messy realities of international relations into a neat, comprehensible formula. Its lesson was that all communists, regardless of their native land or political program, were essentially tools of the Kremlin.

Marc Selverstone recreates the manner in which the “monolith” emerged as a perpetual framework on both sides of the Atlantic. Though more pervasive and millennial in its American guise, this understanding also informed conceptions of international communism in its close ally Great Britain, casting the Kremlin’s challenge as but one more in a long line of threats to freedom.

This illuminating and important book not only explains the Cold War mindset that determined global policy for much of the twentieth century, but also reveals how the search to define a foreign threat can shape the ways in which that threat is actually met.

Consuelo Jimenez Underwood’s artwork is marked by her compassionate and urgent engagement with a range of pressing contemporary issues, from immigration and environmental precarity to the resilience of Indigenous ancestral values and the necessity of decolonial aesthetics in art making. Drawing on the fiber arts movement of the 1960s and 1970s, Chicana feminist art, and Indigenous fiber- and loom-based traditions, Jimenez Underwood’s art encompasses needlework, weaving, painted and silkscreened pieces, installations, sculptures, and performance. This volume’s contributors write about her place in feminist textile art history, situate her work among that of other Indigenous-identified feminist artists, and explore her signature works, series, techniques, images, and materials. Redefining the practice of weaving, Jimenez Underwood works with repurposed barbed wire, yellow caution tape, safety pins, and plastic bags and crosses Indigenous, Chicana, European, and Euro-American art practices, pushing the arts of the Americas beyond Eurocentric aesthetics toward culturally hybrid and Indigenous understandings of art making. Jimenez Underwood’s redefinition of weaving and painting alongside the socially and environmentally engaged dimensions of her work position her as one of the most vital artists of our time.

Contributors. Constance Cortez, Karen Mary Davalos, Carmen Febles, M. Esther Fernández, Christine Laffer, Ann Marie Leimer, Amalia Mesa-Bains, Robert Milnes, Jenell Navarro, Laura E. Pérez, Marcos Pizarro, Verónica Reyes, Clara Román-Odio, Carol Sauvion, Cristina Serna, Emily Zaiden

Although spending on cybersecurity continues to grow, companies, government agencies, and nonprofit organizations are still being breached, and sensitive personal, financial, and health information is still being compromised. This report sets out the results of a study of consumer attitudes toward data breaches, notifications that a breach has occurred, and company responses to such events.

In 1966, the Journal of Marketing said of the first edition, it "takes a long stride in bridging the gap" between econometricians and business and "affords a sophisticated understanding of the future contours of consumer demand in a period of great change." This extensive revision is based on new figures; it includes information on other countries and projected demand for over eighty products to 1975.

What are you drawn to like, to watch, or even to binge? What are you free to consume, and what do you become through consumption? These questions of desire and value, Kathryn Lofton argues, are questions for the study of religion. In eleven essays exploring soap and office cubicles, Britney Spears and the Kardashians, corporate culture and Goldman Sachs, Lofton shows the conceptual levers of religion in thinking about social modes of encounter, use, and longing. Wherever we see people articulate their dreams of and for the world, wherever we see those dreams organized into protocols, images, manuals, and contracts, we glimpse what the word “religion” allows us to describe and understand.

With great style and analytical acumen, Lofton offers the ultimate guide to religion and consumption in our capitalizing times.

In Consumption Behavior and the Effects of Government Fiscal Policies, Randall Mariger explores how people make decisions about how much to consume and save over their lifetimes. An understanding of these issues illuminates not only individual behavior but important properties of the macro economy as well. The most popular framework for analyzing consumption has been the life-cycle theory. Mariger tests two fundamental, and controversial, assumptions underlying the theory—that there are no planned bequests and that human capital is marketable. To do this, he fits a structural consumption model that incorporates endogenous liquidity constraints (non-marketability of human capital), but no planned bequests, to data on a cross-section of U. S. families. This estimated model, in conjunction with estimates of alternative models, enables him to make inferences about the respective effects of liquidity constraints and social security wealth on consumption. This latter effect yields indirect evidence concerning planned bequests. Mariger also presents direct evidence concerning bequest behavior.

Among his findings are that the model fits the data very well in spite of its tight theoretical structure; that liquidity constraints are prevalent and have important effects on consumption behavior; that planned bequests appear not to be common among families in the lower 99.1% of the wealth distribution; and that families in the upper 0.9% of the wealth distribution appear to plan substantial bequests. Mariger devotes the latter part of his book to studying the implications of his estimated consumption model for the effects of government fiscal policies. More specifically, he simulates the model to infer the effects of government tax/debt policy, as well as those of the social security system, on aggregate savings.

A collection of interpreted primary source documents designed to complement textbooks used in US history survey courses, Containing Multitudes: A Documentary Reader of the American Past is a collaboration with the Department of History at the University of North Texas that supports the learning experience by providing a curated selection of letters, literature, journalism, art, and other documents, with analysis and instructional support from the university’s teacher-historians.

This two-volume work includes nearly two hundred primary documents and images that narrate many aspects of United States history from the period before European contact and colonization through the twenty-first century. The sources assembled capture the voices of Americans of varied age, race, ethnicity, and gender, historical actors who represent not only diverse subject positions but also a wide variety of belief systems and varied circumstances. Combined with interpretive headnotes and discussion questions, the layered approaches of the contributors deliver an unusually complex and rich portrait of the American past while also offering readers glimpses of the many dimensions of the historians’ craft.