I Don’t Want a Lot for Christmas... BY RICHARD A. FORSTEN, ESQUIRE
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n an 1815 letter, Thomas Jefferson told John Adams, “I cannot live without books.” Today, Jefferson would no doubt be amazed by the wealth of information available through the internet, e-readers, smart phones, and many other conveniences of modern twenty-first century life, but I like to think he would still feel the same way about books. I know I do. And, as I am often asked around this time of year for book recommendations, I offer the following baker’s dozen, all of which came out this past year. This is not meant as a “best of ” list for 2021, but simply some suggestions:
The Great Dissenter: The Story of John Marshall Harlan, America’s Judicial Hero, by Peter S. Canellos. In many ways, John Marshall Harlan was a man and a jurist ahead of his time. Known for his famous dissent in Plessy v. Ferguson, Harlan dissented in many of the great Supreme Court cases of his era, never living to see the day when so many of his dissents would become the law. A great biography of a great Justice. The Authority of the Court and the Peril of Politics, by Stephen Breyer. A short, quick, but important read — and Breyer’s best book. The Justice rails against describing the Supreme Court (or the judiciary in general) as a political body, and argues that the Court is far less political than observers would have it. This book should be enjoyed by those of any political stripe or judicial philosophy and should be required reading for all law students. 30
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The Broken Constitution: Lincoln, Slavery, and the Refounding of America, by Noah Feldman. Books about Lincoln’s constitutional thinking are always interesting. The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit, by Randy E. Barnett and Evan D. Bernick. The history of the Fourteenth Amendment is something that all students of the Constitution need to better understand. Seve n Dea dly Economic Sins: Obstacles to Prosperity and Happiness Every Citizen Should Know, by James R. Otteson. I have always argued, and continue to believe, that James Carville was right when he famously said “it’s the economy stupid” (it
may be the only thing that Carville and I agree on). We can never have too much knowledge and understanding about economics and economic development. If you want to make our state better, if you want to make our country better, it all starts with a better economy. Power and Liberty: Constitutionalism in the American Revolution, by Gordon S. Wood. Law, politics, and the American Revolution — historian Gordon Wood traces the rise of constitutionalism as our country was born. The Words That Made Us: America’s Constitutional Conversation, 1760-1840, by Akhil Reed Amar. Professor Amar has written several interesting books on the Constitution, and always brings a new, different, and fascinating perspective to his writings.
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