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One of Washington Post's Notable Nonfiction Books of 2016
How did gay and lesbian couples' right to marry go from unthinkable to inevitable? How did the individual right to bear arms, dismissed as fraudulent by Chief Justice Warren Burger in 1990, become a constitutional right in 2008? And what compelled President George W. Bush to rein in many of his initiatives in the war on terror before leaving office, even though past presidents have had a free hand in wartime? We are likely to answer that, in each case, the Supreme Court remade our nation's most fundamental law.
Yet as the award-winning legal scholar David Cole argues in Engines of Liberty, citizen activists are the true drivers of constitutional change. Drawing on interviews with participants in the most successful rights movements of the last 30 years, he shows that time and again, associations of ordinary Americans confronting long odds have managed to transform the nation's highest law. And they have done so largely through advocacy outside the federal courts altogether.
We witness marriage equality advocates in the 1980s and 1990s uniting behind a strategy of state-based incrementalism that paved the way for their historic Supreme Court victory. We see the NRA building a loyal and active membership base that can swing elections and influence state and federal law, thereby shaping the debate about guns at the Supreme Court. And we watch as civil liberties and human rights groups encourage foreign populations and governments to challenge the president when few domestic institutions would.
Offering a new vision of the role we all play in shaping our Constitution and illuminating the tactics successful reform campaigns have employed, Engines of Liberty restores faith in the power of citizen activists to help shape our nation's future.
- Sales Rank: #210931 in Books
- Brand: Basic Books
- Published on: 2016-03-29
- Released on: 2016-03-29
- Original language: English
- Number of items: 1
- Dimensions: 9.63" h x 1.00" w x 6.50" l, .0 pounds
- Binding: Hardcover
- 320 pages
Features
Review
One of Washington Post's Notable Nonfiction Books of 2016
"[Cole's] narratives weave a compelling portrait of advocacy-driven constitutional change... the collection certainly stands apart from dense and dry legal texts in being readable, accessible and at times even gripping... a deeply hopeful book about an institution in which our hope may be dwindling." --Washington Post
"Transforms one's understanding of the contributions of other forums-state legislatures, for example, and public opinion (at home and abroad)-in campaigns that eventually culminate in Supreme Court decisions." --New York Review of Books
"A fresh and revelatory account of constitutional reform from the bottom up. The book carries a hopeful message: Despite the undue influence wielded by elite institutions, ordinary citizens can and do drive constitutional change...Cole's examples of constitutional reform, on both the left and the right, bear out his claims." --Nation
"[An] illuminating pieces of opinion journalism" --American Scholar "A convincingly argued book." --Washington Lawyer "[A] riveting book." --Dorf on Law
"Cole's book is compelling, especially in today's climate of gridlock following the death of Supreme Court Justice Antonin Scalia." --Kirkus Reviews (online)
"Anyone who doubts the ability of Americans to change both policy and law should read David Cole's book. His analysis of how we go about protecting the rights of gun owners is the most accurate I have ever read. This is a must read."
--David Keene, former president of the NRA
"In expertly demonstrating how ordinary people can make a huge difference on defining issues in our nation, David Cole has written an important, inspiring, and essential book!"
--Mary Bonauto, Civil Rights Project Director at Gay & Lesbian Advocates & Defenders
"A skilled human rights practitioner unveils a characteristically thoughtful, balanced anatomy of successful constitutional advocacy, which focuses less on winning court battles than on shaping the popular sentiments that critically drive or obstruct political change."
--Harold Hongju Koh, Sterling Professor of International Law, Yale Law School
"Activists seeking to advance change in their societies are often so immersed in the 'doing' that--even when they win--they rarely pause to analyze and understand why. Engines of Liberty gives three rights campaigns what the military calls a 'hotwash'--a kind of after-action review of what worked, what didn't, and why-and in the process illuminates the instrumental and often overlooked role of one vital engine of liberty: civil society advocates whose efforts create the political and social environment that make change possible."
--Elisa Massimino, President and CEO of Human Rights First
"Engines of Liberty is a masterful account of how civil society organizations work, and a passionate argument for why they are so important to our democracy. David Cole offers invaluable knowledge and insight about the potential each of us has to shape our nation's laws and public life. My hope is that Engines of Liberty inspires a new generation of activists to rise up and launch their own campaigns for civil liberties."
--Anthony D. Romero, Executive Director, American Civil Liberties Union
"No one is better than David Cole at explaining how Americans can fight for civil liberties and civil rights. He is passionate yet careful, accessible yet nuanced. Engines of Liberty wonderfully highlights his intellectual virtues."
--Randall Kennedy, Michael R. Klein Professor at Harvard Law School and author of For Discrimination
"In a lively, engaging, and illuminating narrative, David Cole's Engines of Liberty explores the ways in which citizen activists shape American constitutional law by transforming public opinion and national values in ways that ultimately help define the views and understandings of the Justices of the Supreme Court. With a focus on citizen campaigns to promote same-sex marriage, the right to bear arms, and the protection of human rights in the age of terrorism, Cole brings to life this often underestimated element of American constitutional law."
--Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor at the University of Chicago
"David Cole's fair-minded narrative is a must read for anyone who desires to change constitutional law. As a lawyer who challenged the federal ban on medical marijuana, and Obamacare's individual insurance mandate, I can personally attest to the vital role that individual citizens and civil society groups play in making such change possible by shaping public opinion outside the courts."
--Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory and Director, Georgetown Center for the Constitution
"In Engines of Liberty, David Cole turns constitutional law on its head. With his characteristic intelligence and clarity, Cole demonstrates that the law changes from the bottom up, not the top down, and that it is citizens, not judges, who are the ultimate custodians of our nation's laws."
--Jeffrey Toobin, author of The Oath and The Nine
"David Cole is one of our most astute and perceptive constitutional commentators. His work is indispensable."
--Robert Post, Dean, Yale Law School
PRAISE FOR LESS SAFE, LESS FREE:
Winner of the Palmer Civil Liberties Prize
"David Cole and Jules Lobel have crafted in Less Safe, Less Free one of the most important critiques to be put forward so far from the civil libertarians. They offer unsparing criticism, muster their arguments with skill and artistry, and most importantly they offer constructive criticism of the current Bush Administration model."
--Harper's
"David Cole and Jules Lobel... argue eloquently and forcefully that preventive war makes flawed foreign policy."
--Pittsburgh Post-Gazette
"Cole and Lobel offer reasoned alternatives based on noncoercion, diplomacy, multilateral solutions and a return to the rule of law."
--Sunday Oregonian
"A resounding argument contra administration policy."
--Kirkus Reviews
"A timely and unsparing exposure of the disastrous consequences of the 'war on terror' demagogy of the Bush administration."
--Zbigniew Brzezinski, National Security Advisor to Jimmy Carter
"A powerful and systematic analysis...Cole and Lobel offer a positive strategy for making the nation safer from terrorist attacks."
--Anne-Marie Slaughter, Dean of the Woodrow Wilson Schools
"Everyone who cares about democracy after 9/11 should read this book."
--Mary Robinson, former president of Ireland and United Nations Commissioner for Human Rights
"Genuinely inspiring, Less Safe, Less Free brilliantly combines critique with proposal and should be required reading for any serious citizen."
--Dr. Richard Falk, Albert G. Milbank Professor of International Law and Practice emeritus, Princeton University
"This compelling, necessary volume demolishes the doctrine of preemptive self-defense as a dangerous oxymoron."
--Harold Hongju Koh, Dean of Yale Law School and former Assistant U.S. Secretary of State for Human Rights
PRAISE FOR ENEMY ALIENS:
Winner of the American Book Award
"[A] powerful work and amply documented.... Cole's indictment of the way we have handled foreign captives is accurate and sears the conscience."
--New York Times
"Remarkable and fascinating."
--The New York Review of Books
"If there is a flaw in Cole's logic, it escapes me."
--John W. Dean, Los Angeles Times Book Review
"Quietly and movingly, with evidence from history and recent legal cases that he has been involved with, Cole awakens our conscience for what is being done to foreign nationals in America, and argues that their treatment makes us less safe, and is, finally, 'morally and constitutionally wrong.'"
--Boston Globe
"Enemy Aliens is laudable for making a clear case that the civil and human rights violations that immigrants have endured during the war on terror are egregious constitutional transgressions with global implications."
--Colorlines Magazine
"David Cole is one of the country's greatest voices for civil liberties today."
--Anthony Lewis, Pulitzer Prize winner and author of Freedom From the Thought We Hate
About the Author
David Cole is the the Hon. George J. Mitchell Professor in Law and Public Policy at Georgetown University Law Center. A leading civil liberties lawyer, he is the author of No Equal Justice and Enemy Aliens. He has written for the New York Review of Books, New York Times, Washington Post, The New Yorker, The Atlantic, The Nation, and Wall Street Journal, among others. Cole lives in Washington, DC.
Most helpful customer reviews
9 of 9 people found the following review helpful.
Enlightening history of constitutional change
By C. Shumate
This short book gave me a new, deeper understanding of human rights and constitutional change and provided some real insight into the similar processes that have impacted gun rights, gay marriage, and human rights of non-nationals. Highly recommended. It does not make you change your moralistic of these rights issues; rather, it focuses on the process of change.
5 of 5 people found the following review helpful.
You start it to learn, but finish it to enjoy
By WALTER C.
I ordered this book, after hearing Mr. Cole in a radio interview. We have a lesbian married daughter, and I'm a Life Patron member of the NRA, so the juxtaposition of the first two sections intrigued me. When I received my copy, I worried that it would read like a text ( has page after page of footnotes). However, it was so well written, I got involved from the first, and finished it quickly. Every American, regardless of politics, should read this book. You learn so much about how groups of citizens can indeed make constitutional law.
5 of 6 people found the following review helpful.
Great book - highly recommended for anyone who wants to ...
By StormScholar
Great book - highly recommended for anyone who wants to learn about the process of citizens organizing to change constitutional law. It's very helpful that the author explores this process through both a "liberal" cause (same-sex marriage) as well as a "conservative" cause (gun rights) and it greatly enhances the credibility of the thesis of the book. The book itself reads quickly and is not overly dense.
See all 9 customer reviews...
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