Marx Science and Social Science Library is celebrating Constitution Day and Citizenship Day by featuring items in our collections.
To see a list of this year's events related to Constitution Day and Citizenship Day, please see our Constitution Day guide.
This site includes a selection of eBooks, primary resources and streaming videos from Yale Library that are available to current affiliates. Selected books are available on the featured books display at Marx Library.
George Washington is about to receive the draft of the Constitution from James Madison in this mural by Barry Faulkner in the National Archives Building in Washington, DC.
Amending America's Unwritten Constitution by
It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America's 'unwritten Constitution': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.
The Cambridge Handbook of Democratic Education by
What kind of education is needed for democracy? How can education respond to the challenges that current democracies face? This unprecedented Handbook offers a comprehensive overview of the most important ideas, issues, and thinkers within democratic education. Its thirty chapters are written by leading experts in the field in an accessible format. Its breadth of purpose and depth of analysis will appeal to both researchers and practitioners in education and politics. The Handbook addresses not only the historical roots and philosophical foundations of democratic education, but also engages with contemporary political issues and key challenges to the project of democratic education.
Conservative Thought and American Constitutionalism since the New Deal by
An intellectual history of American conservativism since the New Deal. The New Deal fundamentally changed the institutions of American constitutional government and, in turn, the relationship of Americans to their government. Johnathan O'Neill's Conservative Thought and American Constitutionalism since the New Deal examines how various types of conservative thinkers responded to this significant turning point in the second half of the twentieth century. O'Neill identifies four fundamental transformations engendered by the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how various schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to these major changes in American politics and culture. Conservatives frequently argued among themselves, and their responses to the New Deal ranged from adaptation to condemnation to political mobilization. Ultimately, the New Deal pulled American governance and society permanently leftward. Although some of the New Deal's liberal gains have been eroded, a true conservative counterrevolution was never, O'Neill argues, a realistic possibility. He concludes with a plea for conservative thinkers to seriously reconsider the role of Congress--a body that is relatively ignored by conservative intellectuals in favor of the courts and the presidency--in America's constitutional order. Conservative Thought and American Constitutionalism since the New Dealexplores the scope and significance of conservative constitutional analysis amid the broader field of American political thought.
The Constitution Explained by
The United States Constitution is a short document, and it is written in general language, which leaves much of the meaning unwritten and open to interpretation. Dig into this important document and watershed in the history of governments! Explore the history, the various clauses, amendments, and interpretations. Understand your rights (and responsibilities)! From the Constitutional Convention to the creation of the Constitution and its eventual ratification, and to the Bill of Rights and the thorny constitutional issues of today, The Constitution Explained: A Guide for Every American covers the history, our founding fathers' goals, and the varied interpretations of the Constitution that have informed the politics and functioning of the U.S. government. You'll discover ... How the Constitution makes the United States of America different from many countries around the world because it gives us a peaceful mechanism to resolve governmental issues The rights and responsibilities of U.S. citizens An in-depth look at the freedoms enshrined in the Bill of Rights "The Miracle at Philadelphia" and "the Great Compromise" The many different methods used to interpret the Constitution Controversial U.S. Supreme Court picks throughout history and how the size and tenure of the Supreme Court justices has long been a contentious issue The remarkable evolution of death penalty jurisprudence The "Bill" Process, Pardon Power, Power of Judicial Review, and other stated and implied powers found in Articles I (Congress), II (Presidency) and III (Judicial) And much, much more! A guide to the citizenship and the American government, The Constitution Explained sheds a light on the differing and changing interpretations of the many broadly worded key phrases in the Constitution. You'll learn how the Constitution has been adopted to different times and various situations. You'll learn what it does--and does not--promise U.S. citizens. Richly illustrated, it also has a helpful bibliography, glossary, and extensive index. This invaluable resource is designed to help you understand the power and strength of the U.S. Constitution!
Democracy's Chief Executive by
Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution's vesting of "executive power" means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy's Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy's Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today's aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy's Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making--and presents a model that Americans across the political spectrum should embrace.
Liberal Education and Citizenship in a Free Society by
The liberal arts university has been in decline since well before the virtualization of campus life, increasingly inviting public skepticism about its viability as an institution of personal, civic, and professional growth. New technologies that might have brought people together have instead frustrated the university's capacity to foster thoughtful citizenship among tomorrow's leaders and exacerbated socioeconomic inequalities that are poisoning America's civic culture. With Liberal Education and Citizenship in a Free Society, a collection of 19 original essays, editors Justin Dyer and Constantine Vassiliou present the work of a diverse group of scholars to assess the value of a liberal arts education in the face of market, technological, cultural, and political forces shaping higher learning today.
Madison's Militia by
This engaging history overturns the conventional wisdom about the Second Amendment--showing that the right to bear arms was not about protecting liberty but about preserving slavery.In Madison's Militia, Carl Bogus illuminates why James Madison and the First Congress included the right to bear arms in the Bill of Rights. Linking together dramatic accounts of slave uprisings and electric debates over whether the Constitution should be ratified, Bogus shows that--contrary toconventional wisdom--the fitting symbol of the Second Amendment is not the musket in the hands of the minuteman on Lexington Green but the musket wielded by a slave patrol member in the South.Bogus begins with a dramatic rendering of the showdown in Virginia between James Madison and his federalist allies, who were arguing for ratification of the new Constitution, and Patrick Henry and the antifederalists, who were arguing against it. Henry accused Madison of supporting a constitutionthat empowered Congress to disarm the militia, on which the South relied for slave control. The narrative then proceeds to the First Congress, where Madison had to make good a congressional campaign promise to write a Bill of Rights--and seizing that opportunity to solve the problem Henry hadraised.Three other collections of stories--on slave insurrections, Revolutionary War battles, and the English Declaration of Rights--are skillfully woven into the narrative and show how arming ragtag militias was never the primary goal of the amendment. And as the puzzle pieces come together, eveninitially skeptical readers will be surprised by the completed picture: one that forcefully demonstrates that the Second Amendment was intended in the first instance to protect slaveholders from the people they owned.
The Nation That Never Was by
Our idea of the Founders' America and its values is not true. We are not the heirs of the Founders, but we can be the heirs of Reconstruction and its vision for equality. There's a common story we tell about America: that our fundamental values as a country were stated in the Declaration of Independence, fought for in the Revolution, and made law in the Constitution. But, with the country increasingly divided, this story isn't working for us anymore--what's more, it's not even true. As Kermit Roosevelt argues in this eye-opening reinterpretation of the American story, our fundamental values, particularly equality, are not part of the vision of the Founders. Instead, they were stated in Lincoln's Gettysburg Address and were the hope of Reconstruction, when it was possible to envision the emergence of the nation committed to liberty and equality. We face a dilemma these days. We want to be honest about our history and the racism and oppression that Americans have both inflicted and endured. But we want to be proud of our country, too. In The Nation That Never Was, Roosevelt shows how we can do both those things by realizing we're not the country we thought we were. Reconstruction, Roosevelt argues, was not a fulfillment of the ideals of the Founding but rather a repudiation: we modern Americans are not the heirs of the Founders but of the people who overthrew and destroyed that political order. This alternate understanding of American identity opens the door to a new understanding of ourselves and our story, and ultimately to a better America. America today is not the Founders' America, but it can be Lincoln's America. Roosevelt offers a powerful and inspirational rethinking of our country's history and uncovers a shared past that we can be proud to claim and use as a foundation to work toward a country that fully embodies equality for all.
Post-Racial Constitutionalism and the Roberts Court by
Post-Racial Constitutionalism and the Roberts Court: Rhetorical Neutrality and the Perpetuation of Inequality provides the first comprehensive Critical Race Theory critique of the United States Supreme Court under Chief Justice John Roberts. Since being named to the Court in 2005, Chief Justice Roberts has maintained a position of neutrality in his opinions on race. By dissecting neutrality and how it functions as a unifying feature in all the Court's race jurisprudence, this book illustrates the consequences of this ostensible impartiality. By examining the Court's racial jurisprudence dating back to the Reconstruction, the book shows how the Court has actively rationalized systemic oppression through neutral rhetoric and the elevation of process-based decisional values, which are rooted in democratic myths of inclusivity and openness. Timely and trenchant, the book illustrates the permanence of racism and how neutrality must be rejected to achieve true empowerment and substantive equality.
Transformative Civic Education in Democratic Societies by
Democracy is neither inevitable nor guaranteed to last. To survive, democracy needs people adequately prepared to enact it. Such preparation for effective citizenship in a complex and plural world requires an adult civic education, one that goes beyond simple knowledge acquisition. It requires a transformative education to help learners become agents and co-shapers of their worlds. This book offers examples of the roles that civic education has played and can play in different communities. In this collection, scholars from around the world report and reflect on civic adult education, examining approaches, paradigms, and concepts that help us to act in culturally, ethnically, linguistically, and religiously diverse societies.
With Liberty and Justice for All? by
A valuable resource for students, teachers, and citizens looking to better understand US Constitutional historyWith Liberty and Justice for All?: The Constitution in the Classroom is designed to help teachers and students generate analysis and debate in our nation's classrooms about an aspect of US history that has produced intense disagreements about rights and wrongs: constitutional history. For more thantwo centuries, Americans have argued about what the US Constitution permits or requires (or not), and what values and ideals it enshrines (or not)--indeed, who is to be included (or not) in the very definition of "We the People."This book provides abundant resources to explore key moments of debate about the Constitution and its meaning, focusing on fundamental questions of citizenship and rights. It analyzes American history through the use and misuse of the Constitution over time, from early disputes about liberty andslavery to more recent quarrels over equality and dignity. With a foreword by Ruth Bader Ginsburg, this book's succinct and probing essays by prize-winning historians--including Linda Greenhouse, Mary Sarah Bilder, Annette Gordon-Reed, Eric Foner, Sam Erman, Julie Suk, Laura Kalman, and MelissaMurray--provide the core of the book. Their topics encompass woman suffrage, school desegregation, Japanese internment, McCarthyism, all dramatic turning points in American history. Carefully selected and annotated primary sources and focused discussion questions provide teachers with the tools tobring constitutional history into the classroom with ease.As this book amply demonstrates, United States history is constitutional history. A companion website provides additional resources for teachers.
Audiobooks
The Idea of America by
Evaluates the American Revolution as the nation's most definitive event, presenting essays that explore the ideological origins of the war, the founders' attempt to create an American democracy, and the gap between the views of the founders and present-day citizens.
Ratification by
From Pauline Maier, the distinguished historian of Revolutionary-era America and author of the acclaimed American Scripture, comes this fresh and surprising account of a pivotal moment in American history-the ratification of the Constitution.
The Return of George Washington by
Pulitzer Prize-winning historian Edward J. Larson recovers a crucially important--yet almost always overlooked--chapter of George Washington's life, revealing how Washington saved the United States by coming out of retirement to lead the Constitutional Convention and serve as our first president.
Streaming Video
Are Primary Elections Ruining Democracy?, A Debate by 
We Should Expand the Supreme Court, A Debate by The John Hart Ely papers consists of teaching files, research papers, drafts of articles, legal briefs, professional and personal correspondence, and video tapes documenting Ely's legal and teaching career. The bulk of the collection contains accumulated notes and research materials pertaining to Ely's writings on constitutional law from 1968 to 2003. He was a professor of law at Yale Law School from 1968 to 1973, Harvard Law School from 1973 to 1982, Stanford Law School from 1982 to 1996, and at the University of Miami Law School from 1996 until his death. From 1982 until 1987, Ely was the 9th dean of Stanford Law School.
Roger Sherman (1721-1793) Collection
Correspondence, reports, legal records, financial documents and genealogical material of Roger Sherman, signer of the Declaration of Independence. Included are both family letters and political correspondence. Of special interest are the letters to Governor Jonathan Trumbull on the relationship of Connecticut to the prosecution of the war (1777-1780). Among Sherman's writings are a report from the Constitutional Convention (1787), a note on the proposal for a national bank (1791) and a printed copy of his Almanac for 1760. Genealogical and other papers assembled by Sherman's grandson, George Frisbie Hoar (1826-1904) are also in the collection.
Through this website, you can read and search through thousands of records from George Washington, Benjamin Franklin, Alexander Hamilton, John Jay, John Adams, Thomas Jefferson, and James Madison and see firsthand the growth of democracy and the birth of the Republic. In its initial phase, Founders Online contained nearly 120,000 fully searchable documents. As work continues on each of the ongoing publishing projects (Hamilton alone is finished), newly annotated and edited records are added. In the years since its initial release, tens of thousands of documents drawn from the print editions and additional transcriptions of documents have been added to Founders Online. When it is complete, Founders Online will include nearly 200,000 documents in this living monument to America’s Founding Era.
@YALELIBRARY
© 2022 Yale University Library • All Rights Reserved
