When at Times the Mob Is Swayed

When at Times the Mob Is Swayed

Burt Neuborne

Burt Neuborne

A visionary legal scholar's clear-eyed but reassuring defense of the Constitution's power to withstand an authoritarian president Noted constitutional lawyer Burt Neuborne opens his new book with a chilling narrative of how closely Donald Trump's communications strategy resembles the toxic mix of deliberate falsehoods, white racism, and the search for scapegoats used by Hitler in the 1930s to topple German democracy. Neuborne is relatively confident, though, that it won't happen here. The American president is bound by four unprecedented sets of constitutional protections, all endorsed by both major parties, that stand between us and an authoritarian regime fronted by Donald Trump's tweets: separation of powers, federalism, and two Bills of Rights protecting individual freedom and equality. Several important constitutional rights—a women's right to choose, the right of gay marriage, and the Establishment Clause, promising freedom from other people's...
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Madison's Music

Madison's Music

Burt Neuborne

Burt Neuborne

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"...
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