One of America's foremost civil liberties lawyers challenges our understanding of how US democracy works with a radical new reading of a founding document.
“A detailed history of the transformation of First Amendment law” from one of the nation’s foremost civil liberties lawyers (The New York Times). Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires. “In the dark art of lawyering, Neuborne has always been considered a white knight.” —New York
On November 9, 2016, many Americans feared that their democracy was on the verge of collapse. But is it? In an erudite and brilliant evaluation of the current state of the US government, noted constitutional scholar Burt Neuborne administers a stress test to democracy and concludes that its unprecedented sets of constitutional protections, all endorsed by both major parties, stand between America and an authoritarian federal regime fronted by Donald Trump.
From a leading constitutional lawyer who has sued every president since LBJ, a masterful explication of the true "pillars of our democracy"On November 9, 2016—and again on January 6, 2021—many Americans feared that our democracy was on the verge of collapse. But is it? In an erudite and brilliant evaluation of the current state of our government, noted constitutional scholar Burt Neuborne administers a stress test to democracy and concludes that our unprecedented sets of constitutional protections, all endorsed by both major parties, stand between us and an authoritarian federal regime: namely the division of powers between the three branches, the rights reserved to the states, and the Bill of Rights.Neuborne parses the genius of our constitutional system and the ways its built-in resilience will ultimately survive current attempts to dismantle it. While many important issue areas—women''s right to choose, LGBTQ rights, separation of church and state—risk erosion, Neuborne argues that the Constitution''s inherent defense mechanisms can buy us time. But only an active citizenry will enable us to defend our cherished rights and protections, fulfilling Ben Franklin''s charge to keep our republic.