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Engines of Liberty

The Power of Citizen Activists to Make Constitutional Law

ebook
1 of 1 copy available
1 of 1 copy available
From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights
One of Washington Post's Notable Nonfiction Books of 2016
In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era — and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies.
Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
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    • Kirkus

      An analysis of how Constitutional law can be changed by principled and committed people who work outside the system rather than within it.In her youth, Marion Hammer hunted rabbits and squirrels and become a champion shooter. After the Gun Control Act of 1968, she also became a gun rights activist. By the mid-1970s, she was a full-time lobbyist for the National Rifle Association and became its first female president in 1995. "Hammer is the leading edge of the NRA's state strategy," writes Cole (Law and Public Policy/Georgetown Univ. Law Center; Justice at War: The Men and Ideas that Shaped America's War on Terror, 2008, etc.), focusing on three primary policy areas: marriage equality, the right to bear arms, and human rights in the war on terror. The author's argument--that change pivots on the actions of citizen activists--is undermined by examples like Hammer. They are unsurprising crusaders, people supported by powerful groups or organizations (e.g., the NRA, Harvard University) that eventually funnel their causes to lawyers, who eventually argue in front of the Supreme Court. The author's best advice, and the more important point, emerges from his mantra that change is "a marathon, not a sprint." Like Hammer, begin your campaign in a sympathetic state, gain support there, and convince the courts one state at a time. It's also helpful if the advocates of a cause are likable and connected. Cole acknowledges that change doesn't happen in a vacuum and that political, cultural, and social contexts can buoy or destroy a cause, as can judges in lower courts. He argues that normal citizens can be drivers, not just bystanders, but it requires decades of perseverance and, if possible, the backing of an influential lobbyist group or institutional organization. Cole's book is compelling, especially in today's climate of gridlock following the death of Supreme Court Justice Antonin Scalia. While the title of the book proposes a how-to for the average person, however, the precept becomes fuzzy when these champions are NRA presidents, Harvard lawyers, and other highly visible proponents. COPYRIGHT(1) Kirkus Reviews, ALL RIGHTS RESERVED.

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  • English

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