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From the leading constitutional lawyer who has sued every president since LBJ, a masterful explication of the "pillars of our democracy"
On November 9, 2016, many Americans feared that our democracy was on the verge of collapse. But is it? In an erudite and brilliant evaluation of the current state of our government, noted constitutional scholar Burt Neuborne administers a stress test to democracy and concludes that our unprecedented sets of constitutional protections, all endorsed by both major parties, stand between us and an authoritarian federal regime fronted by Donald Trump's tweets: namely the division of powers between the three branches, the rights reserved to the states, and the Bill of Rights.
Neuborne parses the genius of our constitutional system and the ways its built-in resilience will ultimately survive current attempts to dismantle it. While many important issue areas-women's right to choose, LGBTQ rights, separation of church and state-risk erosion, Neuborne suggests that the "parchment barriers" of our Constitution, coupled with strong citizen activism, will allow us to fulfill Ben Franklin's charge to keep our republic.
When at Times the Mob Is Swayed is an invitation from one of our most respected legal lights to identify, celebrate, and defend our bedrock constitutional principles.
On November 9, 2016, many Americans feared that our democracy was on the verge of collapse. But is it? In an erudite and brilliant evaluation of the current state of our government, noted constitutional scholar Burt Neuborne administers a stress test to democracy and concludes that our unprecedented sets of constitutional protections, all endorsed by both major parties, stand between us and an authoritarian federal regime fronted by Donald Trump's tweets: namely the division of powers between the three branches, the rights reserved to the states, and the Bill of Rights.
Neuborne parses the genius of our constitutional system and the ways its built-in resilience will ultimately survive current attempts to dismantle it. While many important issue areas-women's right to choose, LGBTQ rights, separation of church and state-risk erosion, Neuborne suggests that the "parchment barriers" of our Constitution, coupled with strong citizen activism, will allow us to fulfill Ben Franklin's charge to keep our republic.
When at Times the Mob Is Swayed is an invitation from one of our most respected legal lights to identify, celebrate, and defend our bedrock constitutional principles.
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Reviews
"A veteran civil liberties lawyer delivers the sobering message…. Neuborne sees how different readings and interpretations of the Constitution will always cause problems. The Constitution is not above politics; it is often shaped by it…. [T]imely, frightening, and, hopefully, galvanizing reading."
Kirkus Reviews
"Neuborne's elegant book… provides an important guide, grounded in the First Amendment itself, for those working toward an electoral system more deserving of the label of democracy."
David Cole, The New York Review of Books
"[A] detailed history of the transformation of First Amendment law."
Adam Liptak, The New York Times