New Books in American Politics

High drama at the high court. Grandstanding at Senate hearings. Distrust on all sides. Nominations made by presidents and ignored or voted down by the Senate or withdrawn due to scandal, calumny or nominee intellectual nullity or professional capacity issues. The personal character of nominees assailed. Questions asked of nominees; detailed answers politely refused. Cries of illegitimacy and calls for reform.

All of this and more is on offer in Ilya Shapiro’s 2020 book, Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court (Gateway, 2020)

Everyone who cares about the law and the history and the future of the United States should read this book. It offers something to every sort of reader.

First, it is a serious work of scholarship that examines such questions as:

Is the Court, as progressives claim, really in some sort of crisis and merely a tool of a cabal involving the rather unlikely combination of corporate America and the supposedly evil religious right?

Or, as many on the right argue, has the legislative branch, for expediency’s sake and in a cowardly and self-serving fashion, abrogated its constitutional responsibilities, thereby ceding far too much power to both the administrative state and the courts?

Shapiro parses these questions with authority, weighing the pros and cons of the various reform measures of recent years with shrewdness, fairness and wit.

Second, for general readers it is an entertaining yet substantive tour of the American political and legal landscape since the Founding Era and abounds in fascinating facts (e.g., when the first public Senate hearings on a Supreme Court nominee were held, the first time such a nominee testified in person before the Senate, the first time such hearings were televised).

We learn about everything from the famous “Midnight Judges” to the fiascos of the nomination of Harriet Miers and those of Haysworth and Carswell. The book provides succinct profiles of such people that present them as distinct individuals and not as punchlines.

The book is perfectly timed given that it was published just before the death of Ruth Bader Ginsburg and the Senate hearings on the confirmation of now Justice Amy Coney Barrett.

This is the book to turn to in coming years for solid analysis as the left pushes for “reform” of not only the Supreme Court but the entire federal judiciary—which Shapiro also discusses in depth.

Give a listen.

Hope J. Leman is a grants researcher.

In an unsettling time in American history, the outbreak of right-wing violence is among the most disturbing developments. In recent years, attacks originating from the far right of American politics have targeted religious and ethnic minorities, with a series of antigovernment militants, religious extremists, and lone-wolf mass shooters inspired by right-wing ideologies. The need to understand the nature and danger of far-right violence is greater than ever.

In American Zealots: Inside Right-Wing Domestic Terrorism by Arie Perliger (Columbia University Press, 2020), Arie Perliger provides a wide-ranging and rigorously researched overview of right-wing domestic terrorism. He analyzes its historical roots, characteristics, tactics, rhetoric, and organization, assessing the current and future trajectory of the use of violence by the far right. Perliger draws on a comprehensive dataset of more than 5,000 attacks and their perpetrators from 1990 through 2017 in order to explore key trends in American right-wing terrorism. He describes the entire ideological spectrum of the American far right, including today’s white supremacists, antigovernment groups, and antiabortion fundamentalists, as well as the histories of the KKK, skinheads, and neo-Nazis. Based on these findings, Perliger suggests counterterrorism policies that can respond effectively to the far-right threat. A groundbreaking examination of violence spawned from right-wing ideologies, American Zealots is essential reading for everyone seeking to understand the transformation of domestic terrorism.

It is often assumed that American politics is dominated by financial elites and the 1%, who use their massive wealth to gain power and influence, pushing for legislation that benefits them at the expense of everyone else. The actual mechanics of how this works, however, are often difficult to see and understand, obscured by distortion via the media, politicians, and the stories we often tell ourselves about how political change happens. These narratives often tell us about noble figures who come forward with powerful speeches and pieces of legislation that pushes us forward, as well as figures who sell out and cave to the powers that be. What these narratives often leave out is the broader context that those leaders were in the middle of, not only shaping but being shaped by the organizing that was happening around them. 

Filling in this gap are my guests today, Kevin Young and Michael Schwartz (cowriter Tarun Banerjee was unable to join us), here to discuss their book Levers of Power: How the 1% Rules and What the 99% Can Do About It (Verso, 2020). A work of political theory, sociology and history, this book covers a lot of different areas, but underlying it all is a belief in the importance of mass organizing to resist the power of capital. The first half of the book delivers an insightful and critical look at the Obama presidency, looking at his failures and limitations when it came to healthcare reform, Wall Street regulation and environmental protection, looking to understand the underlying mechanics of his political orientation and how they were insufficient for the tasks at hand. The later chapters of the book then look at various political successes, such as the labor movements during the depression of the 1930's and the struggles for civil rights in the 1960's, analyzing the ways massive organizing efforts were made to apply political and financial pressure and force capital to the bargaining table.

Written with a brilliant combination of academic rigor and accessibility, this is a how-to guide for how to organize movements and challenge power, and will be of interest not just to people who want to understand the world, but who want to change it as well.

Kevin Young is an assistant professor of history at the University of Massachusetts, Amherst, and is also the author of Blood of the Earth: Resource Nationalism, Revolution, and Empire in Bolivia (2017). Michael Schwartz is a distinguished professor emeritus of sociology at Stony Brook University, and is also the author of The War Without End: The Iraq War in Context (2008). Tarun Banerjee is an assistant professor of sociology at the University of Pittsburgh.

The Antebellum Origins of the Modern Constitution: Slavery and the Spirit of the American Founding (Cambridge University Press, 2020) argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.

Bob Bauer and Jack Goldsmith, two attorneys who have worked, respectively, in the Barack Obama and the George W. Bush Administrations, have written a blueprint of considerations to reform and revise aspects of the Executive Branch and the presidency. After Trump: Reconstructing the Presidency (Lawfair Press, 2020) joins a number of recent books—among them Susan Hennessey and Benjamin Wittes’ Unmaking the Presidency, Stephen F. Knott’s The Lost Soul of the American Presidency, Lara M. Brown’s Amateur Hour—that assess the American Presidency, pointing out weaknesses in the structure of the office and the means to hold presidents accountable for their actions and decisions while in office. Bauer and Goldsmith come to their analysis from their perspectives and experiences working as attorneys at the highest levels of the Executive Branch and the presidency. They use these experiences to examine what they have seen transpire over the past four years of the Trump Administration, and the abuses of the office itself and aspects of the Executive Branch, particularly with regard to the Justice Department. This book looks at the institution of the presidency, while also exploring the way that Congress and the Courts work in relation to the Executive, providing a fairly comprehensive road map for reforms that can be done by a number of different political actors, including the next president.

After Trump: Reconstructing the Presidency really is a map or blueprint, outlining particular problems or controversial behavior by President Donald Trump and members of the Administration and/or Executive Office of the President staff, examining previous examples of the same kind of problems or behaviors, and then offering proposals for reform or revision that would address the problems or behaviors. After Trump: Reconstructing the Presidency is divided into three sections, each section has particular focal points with regard to the presidency. Part one of the book focuses specifically on the president and advances proposals that, in many cases, would institutionalize and legalize norms that had been in place and adhered to by previous presidents, but not by President Trump. The second section, which is quite extensive, spotlights the relationship between the president and the Department of Justice. This part of the book proposes reforms that aim to keep the Justice Department independent of presidential interference and allows the Department to function and use its extraordinary tools and law enforcement capacities in a way that is free from corruption or inappropriate influence. The third part of the book is also the most difficult part in terms of reforms, since this section of the book treads into the area of presidential power that is long standing, and historically the realm of the Executive in the constitutional system. Bauer and Goldsmith note that they are committed to the idea of a powerful president, in line with Alexander Hamilton’s argument for an energetic executive in Federalist #70. But they also note that the president needs to be constitutionally accountable, thus their book aims at reforms that will institutionalize some of the guardrails that would contribute to more accountability without weakening the president or the presidency.

Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award-winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012).

Today I talked to Steven W. Webster about his book American Rage: How Anger Shapes Our Politics (Cambridge UP, 2020). We discuss the behavioral implications of anger in American politics, from increased intolerance, blame, and aggression, to an ever-deepening lack of trust in government’s efficacy. Among the topics addressed was the role of the media and internet in stoking anger, and how democratic norms are threatened by partisan taunting and the way anger invites narrow loyalty to party over country.

Steven W. Webster is an assistant professor of political science at Indiana University, Bloomington. His research and writings focus on the role of anger in American politics, including the growth of “negative partisanship” in our country, and the ever greater polarization separating Democrats and Republicans.

Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com.

The epic history of African American women's pursuit of political power-and how it transformed America In the standard story, the suffrage crusade began in Seneca Falls in 1848 and ended with the ratification of the Nineteenth Amendment in 1920. But this overwhelmingly white women's movement did not win the vote for most black women. Securing their rights required a movement of their own. In Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All (Basic Books, 2020), acclaimed historian Dr. Martha S. Jones offers a new history of African American women's political lives in America. She recounts how they defied both racism and sexism to fight for the ballot, and how they wielded political power to secure the equality and dignity of all persons. From the earliest days of the republic to the passage of the 1965 Voting Rights Act and beyond, Jones excavates the lives and work of black women-Maria Stewart, Frances Ellen Watkins Harper, Fannie Lou Hamer, and more-who were the vanguard of women's rights, calling on America to realize its best ideals.

Adam McNeil is a third year Ph.D. in History student at Rutgers, the State University of New Jersey.

In the United States, gun violence is in a state of national crisis, yet efforts to reform gun regulation face significant political and constitutional barriers. In this innovative book, Ian Ayres and Fredrick E. Vars put forward creative and practical solutions, proposing legislative reform which will reduce gun deaths.

Theirs is a libertarian 'bottom-up' approach which seeks to empower those most at risk by allowing individuals a choice to opt in to common-sense gun regulation for themselves. At the same time, the genius of Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights (Harvard University Press, 2020) is that the proposals do not infringe the individual freedoms of gun ownership protected by the second amendment.

Ayres and Vars put forward practical solutions which, where adopted, will cause an immediate reduction in lives lost as a result of gun violence. Their work is empirically grounded and provides a roadmap for legislators and policy makers who wish to keep people safe by reducing gun deaths.

Ian Ayres is the William K. Townsend Professor of Law and Professor of Management at Yale University. He is the author of many books, including the New York Times bestseller Super Crunchers. He is a contributor to Forbes, NPR's Marketplace, and the New York Times.

Fredrick E. Vars is the Ira Drayton Pruitt, Sr., Professor of Law at the University of Alabama, where he specializes in mental health law. He works with numerous suicide-prevention organizations and is a member of the American Bar Association Standing Committee on Gun Violence.

Jane Richards is in the final stages of completing her doctoral thesis on the application of the United Nations Convention on the Rights of Persons with Disabilities to the insanity defence and its disposition orders at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK

Ronald Reagan is regarded today as one of the most consequential presidents of the postwar era, yet many aspects of his legacy are largely unappreciated. In Reconsidering Reagan: Racism, Republicans and the Road to Trump (Beacon Press, 2020), Daniel Lucks looks at Reagan’s approach to racial issues over the course of his political career and details how his policies on race impacted Black and Hispanic populations in the United States. Though he was raised in a racially tolerant household, as he embraced conservatism in the 1950s and 1960s Reagan echoed much of the rhetoric of the opponents of the civil rights movement that was then transforming the country. When Reagan ran for political office in the mid-1960s he benefited politically from the white backlash against racial unrest and often took public stances on controversial issues that aligned with their views. While undoing the civil rights revolution was not a priority of his as president, Reagan nonetheless presided over an administration whose policies challenged many of its achievements, culminating in a racially-focused “war on drugs” that contributed to the problems facing African Americans down to the present day.

What is the status of Muslim Americans in American democracy? Dr. Nazita Lajevardi’s superb new study concludes they are ‘outsiders at home.’

In Outsiders at Homes: The Politics of American Islamophobia published by Cambridge University Press in 2020, Dr. Lajevardi uses a combination of quantitative methods – including survey experiments, field experiments, and textual analysis of media transcripts – to find that the citizenship and inclusion of American Muslims is inhibited because Muslim Americans are viewed negatively by the public, portrayed negatively by the media, and treated negatively by political elites. The book portrays Muslim American citizenship as grudgingly bestowed and remarkably insecure – and highlights the extent to which American Muslims are aware of their exclusion and precarity and how that awareness affects their political behavior.

Dr. Nazita Lajevardi is an attorney and assistant professor of political science at Michigan State University. Her research has been featured in The Atlantic, New York Times, Washington Post, Vox, and the Huffington Post. The book combines sophisticated quantitative methods with forceful prose accessible to all.

Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. Her Why Diehard Originalists Aren’t Really Originalists recently appeared in the Washington Post’s Monkey Cage and her “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” was published in the Journal of Politics (July 2020). Email her comments at [email protected] or tweet to @SusanLiebell.