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AMERICA'S UNWRITTEN CONSTITUTION

THE PRECEDENTS AND PRINCIPLES WE LIVE BY

A dense but ingenious mixture of history, legal anecdotes and hypothetical cases.

A carefully reasoned defense of the United States Constitution as the foundation—but only the foundation—of our legal system.

At a mere 8,000 words, the Constitution can only sketch basic rules for governing America. This hasn’t prevented a large group—which includes a few Supreme Court judges—from insisting that it contains within itself a perfect and unchanging legal system. Amar (Law and Political Science/Yale Univ.; America’s Constitution: A Biography, 2005) disagrees, laying out his argument in case-by-case details that are scholarly and legalistic but always readable. He emphasizes that much of our unwritten Constitution is written—Supreme Court opinions, presidential proclamations, congressional acts—but that it also encompasses common sense and legal scholarship that aims to decipher a document that contains no instructions on how to interpret its many general statements. Thus, almost everyone believes that the Constitution prohibits anyone in government from limiting freedom of speech, religion and assembly. In fact, the first amendment only prohibits Congress. From the beginning, it was implicit (a terrible word to strict constructionists) that the president, courts and state governments do not get a free pass, but the written Constitution is silent. The Constitution designates the vice-president as president of the Senate: its presiding officer. If impeached, the vice-president could preside over the Senate as it tries his case, acting as both judge and defendant. This is not only absurd, but legal tradition forbids it. If it happened, the Senate would change the arrangements, but the Constitution is no help.

A dense but ingenious mixture of history, legal anecdotes and hypothetical cases.

Pub Date: Sept. 11, 2012

ISBN: 978-0-465-02957-0

Page Count: 668

Publisher: Basic Books

Review Posted Online: June 24, 2012

Kirkus Reviews Issue: July 15, 2012

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WHY WE SWIM

An absorbing, wide-ranging story of humans’ relationship with the water.

A study of swimming as sport, survival method, basis for community, and route to physical and mental well-being.

For Bay Area writer Tsui (American Chinatown: A People's History of Five Neighborhoods, 2009), swimming is in her blood. As she recounts, her parents met in a Hong Kong swimming pool, and she often visited the beach as a child and competed on a swim team in high school. Midway through the engaging narrative, the author explains how she rejoined the team at age 40, just as her 6-year-old was signing up for the first time. Chronicling her interviews with scientists and swimmers alike, Tsui notes the many health benefits of swimming, some of which are mental. Swimmers often achieve the “flow” state and get their best ideas while in the water. Her travels took her from the California coast, where she dove for abalone and swam from Alcatraz back to San Francisco, to Tokyo, where she heard about the “samurai swimming” martial arts tradition. In Iceland, she met Guðlaugur Friðþórsson, a local celebrity who, in 1984, survived six hours in a winter sea after his fishing vessel capsized, earning him the nickname “the human seal.” Although humans are generally adapted to life on land, the author discovered that some have extra advantages in the water. The Bajau people of Indonesia, for instance, can do 10-minute free dives while hunting because their spleens are 50% larger than average. For most, though, it’s simply a matter of practice. Tsui discussed swimming with Dara Torres, who became the oldest Olympic swimmer at age 41, and swam with Kim Chambers, one of the few people to complete the daunting Oceans Seven marathon swim challenge. Drawing on personal experience, history, biology, and social science, the author conveys the appeal of “an unflinching giving-over to an element” and makes a convincing case for broader access to swimming education (372,000 people still drown annually).

An absorbing, wide-ranging story of humans’ relationship with the water.

Pub Date: April 14, 2020

ISBN: 978-1-61620-786-1

Page Count: 288

Publisher: Algonquin

Review Posted Online: Jan. 4, 2020

Kirkus Reviews Issue: Feb. 1, 2020

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ALL THE PRESIDENT'S MEN

Bernstein and Woodward, the two Washington Post journalists who broke the Big Story, tell how they did it by old fashioned seat-of-the-pants reporting — in other words, lots of intuition and a thick stack of phone numbers. They've saved a few scoops for the occasion, the biggest being the name of their early inside source, the "sacrificial lamb" H**h Sl**n. But Washingtonians who talked will be most surprised by the admission that their rumored contacts in the FBI and elsewhere never existed; many who were telephoned for "confirmation" were revealing more than they realized. The real drama, and there's plenty of it, lies in the private-eye tactics employed by Bernstein and Woodward (they refer to themselves in the third person, strictly on a last name basis). The centerpiece of their own covert operation was an unnamed high government source they call Deep Throat, with whom Woodward arranged secret meetings by positioning the potted palm on his balcony and through codes scribbled in his morning newspaper. Woodward's wee hours meetings with Deep Throat in an underground parking garage are sheer cinema: we can just see Robert Redford (it has to be Robert Redford) watching warily for muggers and stubbing out endless cigarettes while Deep Throat spills the inside dope about the plumbers. Then too, they amass enough seamy detail to fascinate even the most avid Watergate wallower — what a drunken and abusive Mitchell threatened to do to Post publisher Katherine Graham's tit, and more on the Segretti connection — including the activities of a USC campus political group known as the Ratfuckers whose former members served as a recruiting pool for the Nixon White House. As the scandal goes public and out of their hands Bernstein and Woodward seem as stunned as the rest of us at where their search for the "head ratfucker" has led. You have to agree with what their City Editor Barry Sussman realized way back in the beginning — "We've never had a story like this. Just never."

Pub Date: June 18, 1974

ISBN: 0671894412

Page Count: 372

Publisher: Simon & Schuster

Review Posted Online: Oct. 10, 2011

Kirkus Reviews Issue: June 1, 1974

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