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Memory and Authority
- The Uses of History in Constitutional Interpretation
- Narrated by: Jonathan Todd Ross
- Length: 11 hrs and 1 min
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Memory and Authority
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Publisher's summary
Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct—and erase—memory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world.
Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. And he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.
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Story4.5 out of 5 stars 141
With the Soviet Union extinct, Saddam Hussein defeated, and U.S. power at its zenith, the early 1990s promised a “kinder, gentler America.” Instead, it was a period of rising anger and domestic turmoil, anticipating the polarization and resurgent extremism we know today. In When the Clock Broke, the acclaimed political writer John Ganz tells the story of America’s late-century discontents.
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5 out of 5 stars
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Amazing history of the early 90s
- By Aaron R. Isaacson on 06-25-24
By: John Ganz
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Age of Revolutions
- Progress and Backlash from 1600 to the Present
- By: Fareed Zakaria
- Narrated by: Fareed Zakaria
- Length: 13 hrs and 2 mins
- Unabridged
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Overall4.5 out of 5 stars 320
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Performance5 out of 5 stars 274
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Story4.5 out of 5 stars 274
Populist rage, ideological fracture, economic and technological shocks, geopolitical dangers, and an international system studded with catastrophic risk—the early decades of the 21st century may be one of the most revolutionary periods in modern history. But they are not the first. Humans have lived, and thrived, through more than one great realignment. What makes an age a revolutionary one? And how do they end?
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3 out of 5 stars
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A “Historical”, Neo-Liberal Defense of Biden
- By Timothy on 04-18-24
By: Fareed Zakaria
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Black Pill
- How I Witnessed the Darkest Corners of the Internet Come to Life, Poison Society, and Capture American Politics
- By: Elle Reeve
- Narrated by: Elle Reeve
- Length: 8 hrs and 28 mins
- Unabridged
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Overall5 out of 5 stars 235
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Performance5 out of 5 stars 222
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Story5 out of 5 stars 222
Award-winning journalist and CNN correspondent Elle Reeve was not surprised by the insurrection at the Capitol on January 6, 2021. With years of in-depth research and on-the-ground investigative reporting under her belt, Reeve was aware of the preoccupations of the online far right and their journey from the computer to QAnon, militias, and racist groups. At the same time, Reeve saw a parallel growth of counterforces, with citizen vigilantes using new tools and tactics to take down the far right.
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5 out of 5 stars
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Great story — uneven performance
- By SSG on 08-19-24
By: Elle Reeve
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Over Ruled
- The Human Toll of Too Much Law
- By: Neil Gorsuch, Janie Nitze
- Narrated by: Neil Gorsuch, Charles Constant
- Length: 7 hrs and 28 mins
- Unabridged
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Overall4.5 out of 5 stars 167
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Performance5 out of 5 stars 151
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Story4.5 out of 5 stars 151
Over just the last few decades, laws in this nation have exploded in number; they are increasingly complex; and the punishments they carry are increasingly severe. Some of these laws come from our elected representatives, but many now come from agency officials largely insulated from democratic accountability. In Over Ruled, Neil Gorsuch and Janie Nitze explore these developments and the human toll so much law can carry for ordinary Americans.
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5 out of 5 stars
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Outstanding
- By Holmes on 08-08-24
By: Neil Gorsuch, and others