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Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.

This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.

Revered by Americans across the political spectrum, Barbara Jordan was "the most outspoken moral voice of the American political system," in the words of former President Bill Clinton, who awarded her the Presidential Medal of Freedom in 1994. Throughout her career as a Texas senator, U.S. congresswoman, and distinguished professor at the Lyndon B. Johnson School of Public Affairs, Barbara Jordan lived by a simple creed: "Ethical behavior means being honest, telling the truth, and doing what you said you were going to do." Her strong stand for ethics in government, civil liberties, and democratic values still provides a standard around which the nation can unite in the twenty-first century.

This volume brings together several major political speeches that articulate Barbara Jordan's most deeply held values. They include:

• "Erosion of Civil Liberties," a commencement address delivered at Howard University on May 12, 1974, in which Jordan warned that "tyranny in America is possible"
• "The Constitutional Basis for Impeachment," Jordan's ringing defense of the U.S. Constitution before the House Judiciary Committee investigating the Watergate break-in
• Keynote addresses to the Democratic National Conventions of 1976 and 1992, in which Jordan set forth her vision of the Democratic Party as an advocate for the common good and a catalyst of change
• Testimony in the U.S. Congress on the confirmation of Supreme Court nominee Robert Bork and on immigration reform
• Meditations on faith and politics from two National Prayer Breakfasts
• Acceptance speech for the 1995 Sylvanus Thayer Award presented by the Association of Graduates of the United States Military Academy, in which Jordan challenged the military to uphold the values of "duty, honor, country"

Accompanying the speeches are context-setting introductions by volume editor Max Sherman. The book concludes with the eloquent eulogy that Bill Moyers delivered at Barbara Jordan's memorial service in 1996, in which he summed up Jordan's remarkable life and career by saying, "Just when we despaired of finding a hero, she showed up, to give the sign of democracy.... This is no small thing. This, my friends, this is grace. And for it we are thankful."

An investigation into the culture and mythology of baseball, a study of its limits and failures, and an invitation to remake the game in a more democratic way.

Baseball has long been considered America’s “national pastime,” touted variously as a healthy diversion, a symbol of national unity, and a model of democratic inclusion. But, according to Michael Butterworth, such favorable rhetoric belies baseball’s complicity in the rhetorical construction of a world defined by good and evil. 

Baseball and Rhetorics of Purity is an investigation into the culture and mythology of baseball, a study of its limits and failures, and an invitation to remake the game in a more democratic way. It pays special attention to baseball’s role in the reconstruction of American identity after September 11, 2001. This study is framed by a discussion that links the development of baseball to the discourses of innocence and purity in 19th-century America. From there, it examines ritual performances at baseball games; a traveling museum exhibit sponsored by the National Baseball Hall of Fame and Museum; the recent debate about the use of performance-enhancing drugs; the return of Major League Baseball to Washington, D.C., in 2005; and the advent of the World Baseball Classic in 2006. 

Butterworth argues that by promoting myths of citizenship and purity, post-9/11 discourse concerning baseball ironically threatens the health of the democratic system and that baseball cannot be viewed as an innocent diversion or escape. Instead, Butterworth highlights how the game on the field reflects a more complex and diverse worldview, and makes a plea for the game’s recovery, both as a national pastime and as a site for celebrating the best of who we are and who we can be. 

A civil rights attorney’s unflinching memoir about the fight against segregation and systemic racism through landmark legal battles in Alabama

Be Not Afraid: A Southern Journey Through Law, Liberty, and Civil Rights is a timely and unflinching memoir from civil rights attorney Jack Drake, who has spent decades on the front lines of Alabama’s legal battles for racial justice. Raised in a segregated community in Gardendale, Alabama, Drake came of age during the civil rights movement and became a pivotal figure in cases that reshaped the state’s legal and moral landscape.

Drake helped reform Alabama’s grossly inadequate mental health system and supported voting rights efforts throughout Alabama. His career underscores the crucial role private attorneys and grassroots advocates played in enforcing civil rights laws long after their passage.

Through vivid recollections of courtroom battles, civil rights alliances, and personal transformation, Be Not Afraid offers an intimate view into the persistence and courage required to challenge systemic injustice. At a time when debates over equity and democracy remain pressing, Drake’s story is both a powerful reflection on the past and a call to action for the present. It speaks to the enduring importance of legal advocacy and community solidarity in the fight for a more just society, making it essential reading for those engaged in civil rights history, law, or social change.

A provocative counterhistory-and a bold new approach-to notions of citizenship.

What does it mean to be political? Every age has based its answer on citizenship, bequeathing us such indelible images as that of the Greek citizen exercising his rights and obligations in the agora, the Roman citizen conducting himself in the forum, medieval citizens receiving their charter before the guildhall. Being Political disrupts these images by approaching citizenship as otherness, presenting a powerful critique of universalistic and orientalist interpretations of the origins of citizenship and a persuasive alternative history of the present struggles over citizenship.

Introduces an analytic model for how archaeologists can work toward social justice

In this time of Black Lives Matter, the demands of NAGPRA, and climate crises, the field of American archaeology needs a radical transformation. It has been largely a white, male, privileged domain that replicates an entrenched patriarchal, colonial, and capitalist system. In Bending Archaeology toward Social Justice, Barbara J. Little explores the concepts and actions required for such a change, looking to peace studies, anthropology, sociology, social justice activism, and the achievements of community-based archaeology for helpful approaches in keeping with the UN Sustainable Development Goals. She introduces an analytic model that uses the strengths of archaeology to destabilize violence and build peace.

As Little explains, the Diachronic Transformational Action model and the peace/violence triad of interconnected personal, cultural, and structural domains of power can help disrupt the injustice of all forms of violence. Diachronic connects the past to the present to understand how power worked in the past and works now. Transformational influences power now by disrupting the stability of the violence triad. Action refers to collaborative work to diagnose power relations and transform toward social justice.

Using this framework, Little confronts the country’s founding and myth of liberty and justice for all, as well as the American Dream. She also examines whiteness, antiracism, privilege, and intergenerational trauma, and offers white archaeologists concepts to grapple with their own racialized identities and to consider how to relinquish white supremacy. Archaeological case studies examine cultural violence and violent direct actions against women, Indigenous peoples, African Americans, and Japanese Americans, while archaeologies of poverty, precarity, and labor are used to show how archaeologists have helped expose the roots of these injustices. Because climate justice is integral to social justice, Little showcases insights that archaeology can bring to bear on the climate crisis and how lessons from the past can inform direct actions today. Finally, Little invites archaeologists to embrace inquiry and imagination so that they can both imagine and achieve the positive peace of social justice.
 

A memoir by an African American physician in Alabama whose story in many ways typifies the lives and careers of black doctors in the south during the segregationist era

Beside the Troubled Waters is a memoir by an African American physician in Alabama whose story in many ways typifies the lives and careers of black doctors in the south during the segregationist era while also illustrating the diversity of the black experience in the medical profession. Based on interviews conducted with Hereford over ten years, the account includes his childhood and youth as the son of a black sharecropper and Primitive Baptist minister in Madison County, Alabama, during the Depression; his education at Huntsville’s all-black CouncillSchool and medical training at MeharryMedicalCollege in Nashville; his medical practice in Huntsville’s black community beginning in 1956; his efforts to overcome the racism he met in the white medical community; his participation in the civil rights movement in Huntsville; and his later problems with the Medicaid program and state medical authorities, which eventually led to the loss of his license.

Exploring cultural resistance by creating and archiving Latinx performance art

Performance is often seen as ephemeral, a condition that seemingly reduces its activist possibilities. After all, not everyone can take part or bear witness. Beyond the Moment shows how Latinx artists have responded with a theater of dissent that endures—performance art that also documents and can itself be archived, creating opportunities for sustained solidarity and resistance.

Through close readings of works such as Coco Fusco’s multi-genre performance A Field Guide for Female Interrogators, Irene Mata theorizes what she calls “textual mentoring.” This method involves tracing previous moments of resistance, archiving the creative process itself, and transforming the performance into a pedagogical tool. By means of textual mentoring, a work like The Panza Monologues becomes a lesson in confronting systemic oppression through collaborative storytelling. Mata also shows how the 2012 No Papers, No Fear Ride for Justice, a multistate immigrant-rights action, relies on a vocabulary of refusal of movements of the past—like the Freedom Rides of the Civil Rights era—and continues its activism beyond its immediate performance context by digitally archiving its process. With an emphasis on intersectional critique, Beyond the Moment positions performance as a radical form of resistance that educates and inspires across generations and movements.

Under a provision in the Brazilian constitution, rural black communities identified as the modern descendants of quilombos—runaway slave communities—are promised land rights as a form of reparations for the historic exclusion of blacks from land ownership. The quilombo provision has been hailed as a success for black rights; however, rights for quilombolas are highly controversial and, in many cases, have led to violent land conflicts. Although thousands of rural black communities have been legally recognized, only a handful have received the rights they were promised. Conflict over quilombola rights is widespread and carries important consequences for race relations and political representations of blackness in twenty-first century Brazil.

Drawing on a year of field research in a quilombola community, Elizabeth Farfán-Santos explores how quilombo recognition has significantly affected the everyday lives of those who experience the often-complicated political process. Questions of identity, race, and entitlement play out against a community’s struggle to prove its historical authenticity—and to gain the land and rights they need to survive. This work not only demonstrates the lived experience of a new, particular form of blackness in Brazil, but also shows how blackness is being mobilized and reimagined to gain social rights and political recognition. Black Bodies, Black Rights thus represents an important contribution to the rapidly growing interdisciplinary field of Afro-Latino studies.

Drawing on student publications of the late 1960s and early 1970s, as well as interviews with student activists, former administrators, and faculty, Williamson discusses the emergence of Black Power ideology, what constituted "blackness," and notions of self-advancement versus racial solidarity. Promoting an understanding of the role of black youth in protest movements, Black Power on Campus is an important contribution to the literature on African American liberation movements and the reform of American higher education.

Historian and human rights activist Julie A. Gallagher deftly examines how race, gender, and the structure of the state itself shape outcomes, and exposes the layers of power and discrimination at work in American society. She combines her analysis with a look at the career of Shirley Chisholm, the first black woman elected to Congress and the first to run for president on a national party ticket. In so doing, she rewrites twentieth-century women's history and the dominant narrative arcs of feminist history that hitherto ignored African American women and their accomplishments.

One man’s fight for justice. One town’s reckoning with history.

Born in Selma in 1930, J. L. Chestnut left home to study law at Howard University in Washington, DC. Returning to Selma, Chestnut was the town’s first and only African American attorney in the late 1950s. As the turbulent struggle for civil rights spread across the South, Chestnut became an active and ardent promoter of social and legal equality in his hometown. A key player on the local and state fronts, Chestnut accrued deep insights into the racial tensions in his community and deftly opened paths toward a more equitable future.

Though intimately involved in many events that took place in Selma, Chestnut was nevertheless often identified in history books simply as “a local attorney.” Black in Selma reveals his powerful yet little-known story.

In the 2014 film Selma, director Ava DuVernay takes audiences to the climactic confrontation between civil rights advocates and the state’s security forces of March 1965. Readers looking for a deeper understanding of the events that preceded that epic moment, as well as how racial integration unfolded in Selma in the decades that followed, will find Chestnut’s story and memories both a vital primary source and an inspiration.

In January 2002, for the first time, the Olympic Torch Relay visited Alaska on its way to the Winter Games. When the relay runner and accompanying camera cars passed Juneau-Douglas High School, senior Joseph Frederick and several friends unfurled a fourteen-foot banner reading "BONG HiTS 4 JESUS."

An in-depth look at student rights within a public high school, this book chronicles the events that followed: Frederick's suspension, the subsequent suit against the school district, and, ultimately, the escalation of a local conflict into a federal case. Brought to life through interviews with the principal figures in the case, Bong Hits 4 Jesus is a gripping tale of the boundaries of free speech in an American high school.

The story of how a biologically driven understanding of gender and sexuality became central to US LGBTQ+ political and legal advocacy.

Across protests and courtrooms, LGBTQ+ advocates argue that sexual and gender identities are innate. Oppositely, conservatives incite panic over “groomers” and a contagious “gender ideology” that corrupts susceptible children. Yet, as this debate rages on, the history of what first compelled the hunt for homosexuality’s biological origin story may hold answers for the queer rights movement’s future.

Born This Way tells the story of how a biologically based understanding of gender and sexuality became central to LGBTQ+ advocacy. Starting in the 1950s, activists sought out mental health experts to combat the pathologizing of homosexuality. As Joanna Wuest shows, these relationships were forged in subsequent decades alongside two broader, concurrent developments: the rise of an interest-group model of rights advocacy and an explosion of biogenetic and bio-based psychological research. The result is essential reading to fully understand LGBTQ+ activism today and how clashes over science remain crucial to equal rights struggles.

This is an auto-narrated audiobook version of this book.

The story of how a biologically driven understanding of gender and sexuality became central to US LGBTQ+ political and legal advocacy.

Across protests and courtrooms, LGBTQ+ advocates argue that sexual and gender identities are innate. Oppositely, conservatives incite panic over “groomers” and a contagious “gender ideology” that corrupts susceptible children. Yet, as this debate rages on, the history of what first compelled the hunt for homosexuality’s biological origin story may hold answers for the queer rights movement’s future.

Born This Way tells the story of how a biologically based understanding of gender and sexuality became central to LGBTQ+ advocacy. Starting in the 1950s, activists sought out mental health experts to combat the pathologizing of homosexuality. As Joanna Wuest shows, these relationships were forged in subsequent decades alongside two broader, concurrent developments: the rise of an interest-group model of rights advocacy and an explosion of biogenetic and bio-based psychological research. The result is essential reading to fully understand LGBTQ+ activism today and how clashes over science remain crucial to equal rights struggles.

In the mid-1950s, as many developing nations sought independence from colonial rule, black women in the American South and in South Africa launched parallel campaigns to end racial injustice within their respective communities. Just as the dignified obstinacy of Mrs. Rosa Parks sparked the Montgomery bus boycott in 1955, the 20,000 South African women who marched in Pretoria a year later to protest the pass laws signaled a new wave of resistance to the system of apartheid. In both places women who had previously been consigned to subordinate roles brought fresh leadership to the struggle for political freedom and social equality. 

In this book, Pamela E. Brooks tells their story, documenting the extraordinary achievements of otherwise ordinary women. In comparing the experiences of black women activists in two different parts of the African diaspora, Brooks draws heavily on oral histories that provide clear, and often painful, insight into their backgrounds, their motives, their hopes, and their fears. We learn how black women from all walks of life—domestic and factory workers, householders, teachers, union organizers, churchwomen, clubwomen, rural and urban dwellers alike—had to overcome their class differences and work through the often difficult gender relations within their families and communities. Yet eventually they came together to forge their own political organizations, such as the Women's Political Council and the Federation of South African Women, or joined orga-nizations of women and men, such as the Montgomery Improvement Association and the African National Congress, to advance the common agenda of black liberation.By tracing the dual rise of political consciousness and activism among the black women of the U.S. South and South Africa, Brooks not only illuminates patterns that have long been overlooked but places that shared history within the context of a larger global struggle to bring an end to the vestiges of European colonialism.

Upends the “broken systems” myth and reveals how the law deliberately criminalizes and punishes Black women, inflicting lasting harm on Black communities in the process.
 
The United States has one of the highest rates of incarceration in the world, with Black Americans representing a disproportionate share of theimprisoned. Many view this statistic as evidence of a broken system. But sociologist Susila Gurusami argues that the carceral system that so disproportionately harms Black families is not broken at all. In fact, it works just as it was intended. Looking closely at the lives of formerly incarcerated Black mothers, Gurusami shows how state institutions—the criminal-legal, child welfare, and healthcare systems—keep Black mothers from their families, harming Black communities in the process. She also shows how Black women work towards conditions that seem impossible—and even utopian—as part of their everyday mothering labor, but find themselves criminalized for these same actions.
 
Drawing on ethnographic data and interviews with formerly incarcerated Black women in South Los Angeles, Gurusami challenges dominant assumptions about mothering and criminal justice reform. Gurusami finds that criminalized Black women endure multigenerational political, social, and embodied assaults–what she calls “reproductive warfare”— and still, they build networks, practices, and theories of radical care that protect Black maternal life, legacies, and futures. With incarcerated, formerly incarcerated, and system-impacted Black mothers at the forefront of the growing movement to abolish prisons and jails, Gurusami demonstrates how their everyday mothering work—what she calls “abolitionist motherwork”—is essential to imagining the end of incarceration and ultimately achieving it.
 
Written with a tender and honest voice, Break the System shares moving vignettes that underscore why we must break the system, rather than reform it, and why we must imagine a future that is radically different than the one we’re told we must accept or salvage.