Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses. They faced formidable opposition, most notoriously from the US Supreme Court decision in Dred Scott. Still, Martha S. Jones explains, no single case defined their status. Former slaves studied law, secured allies, and conducted themselves like citizens, establishing their status through local, everyday claims. All along they argued that birth guaranteed their rights. With fresh archival sources and an ambitious reframing of constitutional law-making before the Civil War, Jones shows how the Fourteenth Amendment constitutionalized the birthright principle, and black Americans' aspirations were realized. Birthright Citizens tells how African American activists radically transformed the terms of citizenship for all Americans.

"The standard public debate over the Fourteenth Amendment goes something like this. Critics of the Supreme Court's interpretations of the Fourteenth Amendment over the last several decades believe that the Court has used the Amendment's provisions for "due process of law" and "equal protection of the laws" as open-ended vehicles for judicial policymaking, whether on abortion or gay marriage or a host of other issues. Indeed, it is difficult for someone sympathetic to the result in the 2015 gay marriage case Obergefell v. Hodges to read the Court's opinion and get the feeling that what the Court is doing is law. The case was decided under the rather nebulous concept "substantive due process," the idea that the Fourteenth Amendment's injunction that no person shall be deprived of life, liberty, or property without due process of law is not merely about process as its terms might suggest, but also about "substance"--Namely, that the clause protects unwritten, unenumerated fundamental rights or prohibits arbitrary and oppressive legislation"--

The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state--both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance--rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.

"More than just a legal doctrine, color-blind constitutionalism has emerged as the defining metaphor of the post-Civil Rights era. Even for those challenging its constitutional authority, the language of color-blindness sets the terms of debate. Critics of color-blind constitutionalism are in this sense captured by the object of their critique. And yet, paradoxically, to enact a color-blind rule actually requires a heightened awareness of race. As such, color-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar understandings of race, rights, and American law, [this book] explores how current equal protection law renders the pursuit of racial equality constitutionally suspect. Identifying hierarchy rather than equality as an enduring constitutional norm, the book demonstrates how the pursuit of racial equality, historically, has been viewed as a violation of white rights. Arguing against conservative and liberal redemption narratives, both of which imagine racial equality as the perfection of American democracy, Is Racial Equality Unconstitutional? calls instead for a break from the current constitutional order, that it may be re-founded upon principles of racial democracy." -- Publisher's website.

"Beginning in 1876, the Court systematically dismantled both the equal protection guarantees of the Fourteenth Amendment, at least for African-Americans, and what seemed to be the guarantee of the right to vote in the Fifteenth. And so, of the more than 500,000 African-Americans who had registered to vote across the South, the vast majority former slaves, by 1906, less than ten percent remained. Many of those were terrified to go the polls, lest they be beaten, murdered, or have their homes burned to the ground. None of this was done in the shadows-those determined to wrest the vote from black Americans could not have been more boastful in either intent or execution. But the Court chose to ignore the obvious and wrote decisions at odds with the Constitution, preferring to instead reinforce the racial stereotypes of the day. "Whites Only" tells the story of an American tragedy, the only occasion in United States history in which a group of citizens who had been granted the right to vote then had it stripped away. Even more unjust was that this theft of voting rights was done with full approval, even the sponsorship, of the United States Supreme Court"--

"In this volume ten expert historians and legal scholars examine the Civil Rights Act of 1866, the first federal civil rights statute in American history. The act declared that all persons born in the United States were citizens without regard to race, color, or previous condition of slavery. Designed to give the Thirteenth Amendment practical effect as former slave states enacted laws limiting the rights of African Americans, this measure for the first time defined U.S. citizenship and the rights associated with it. Essays examine the history and legal ramifications of the act and highlight competing impulses within it, including the often-neglected Section 9, which allows the president to use the nation's military in its enforcement; an investigation of how the Thirteenth Amendment operated to overturn the Dred Scott case; and New England's role in the passage of the act. The act is analyzed as it operated in several states such as Kentucky, Missouri, and South Carolina during Reconstruction. There is also a consideration of the act and its interpretation by the Supreme Court in its first decades. Other essays include a discussion of the act in terms of contract rights and in the context of the postWorld War II civil rights era as well as an analysis of the act's backward-looking and forward-looking nature." -- Publisher's website.;"This volume, which contains essays by both historians and legal scholars, examines various aspects of the Civil Rights Act of 1866, the first federal civil rights statute in American history"--

Examines how free speech in the United States has been corrupted by the politically powerful and how the contemporary landscape of social media and social polarization have eroded the safeguards built into the Constitution to protect speech.

"We are in the midst of a full-scale attack on our nation's commitment to public education. From funding, to vouchers, to charter schools, public education policy has become a political football, rather than a means of fulfilling the most basic obligation of government to its citizens. As Derek W. Black vividly illustrates, this assault threatens not just public education, but democracy itself. Black offers both an illuminating history of our nation's establishment of a constitutional right to education, and a trenchant analysis of how such a right is being undermined today. He looks at education history with a wide view, describing both periods when our democracy has been strengthened-when the commitment to public education has been strongest-and weakened, when such a commitment has been lacking. And today, such a commitment is sorely lacking. Schoolhouse Burning shows what is at stake: not just the right to public education as guaranteed by the constitution, but an erosion of democratic norms"--