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WORSE THAN NOTHING

THE DANGEROUS FALLACY OF ORIGINALISM

Sensible arguments opposing what seems like the wave of the future.

A legal expert examines “a dangerous approach to constitutional law that would jeopardize many basic rights and advances in equality.”

In his latest, Chemerinsky, the dean of Berkeley Law School, delivers a lucid, convincing attack on a prominent legal philosophy, though he admits that it is unlikely to change its adherents’ minds. The author writes that the Constitution is an impressive document written by brilliant men who considered it a framework that defined the responsibilities and limitations of government. For nearly two centuries, judges interpreted it broadly to deal with issues in an ever changing world. Matters changed after World War II when the Supreme Court issued a series of decisions that infuriated conservatives, certain they were based on the judges’ personal (and liberal) values. At only four pages, the Constitution seems limited, but scholars maintained that intense study would reveal the Founders’ true intentions. Proponents of originalism postulated that those intentions, plus their beliefs at the time they wrote the document (and of those who wrote amendments), must serve as the sole determining factors for a legal decision. Chemerinsky maintains that this makes no sense. Madison and Hamilton violently disagreed on major constitutional issues of executive power and of Congress’ spending power. Who was right? The 14th Amendment, which guarantees “equal protection,” has long been taken literally, but the intent of the framers in 1868 was to protect freed slaves. Therefore, originalists insist, it does not forbid discrimination against women, racial minorities, the disabled, or gay citizens. They maintain that there is no constitutional right to privacy because the Constitution doesn’t mention it. In a disheartening look toward the future, Chemerinsky warns that the Supreme Court, now solidly originalist, will radically transform our nation in the decades to come. Roe v. Wade has been overturned already, and the author also explores rulings that restrict environmental protection and immigration and expand the right to carry guns.

Sensible arguments opposing what seems like the wave of the future.

Pub Date: Sept. 6, 2022

ISBN: 978-0-300-25990-2

Page Count: 264

Publisher: Yale Univ.

Review Posted Online: Aug. 11, 2022

Kirkus Reviews Issue: Sept. 1, 2022

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THE GREATEST SENTENCE EVER WRITTEN

A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.

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Words that made a nation.

Isaacson is known for expansive biographies of great thinkers (and Elon Musk), but here he pens a succinct, stimulating commentary on the Founding Fathers’ ode to “life, liberty, and the pursuit of happiness.” His close reading of the Declaration of Independence’s second sentence, published to mark the 250th anniversary of the document’s adoption, doesn’t downplay its “moral contradiction.” Thomas Jefferson enslaved hundreds of people yet called slavery “a cruel war against human nature” in his first draft of the Declaration. All but 15 of the document’s 56 signers owned enslaved people. While the sentence in question asserted “all men are created equal” and possess “unalienable rights,” the Founders “consciously and intentionally” excluded women, Native Americans, and enslaved people. And yet the sentence is powerful, Isaacson writes, because it names a young nation’s “aspirations.” He mounts a solid defense of what ought to be shared goals, among them economic fairness, “moral compassion,” and a willingness to compromise. “Democracy depends on this,” he writes. Isaacson is excellent when explaining how Enlightenment intellectuals abroad influenced the founders. Benjamin Franklin, one of the Declaration’s “five-person drafting committee,” stayed in David Hume’s home for a month in the early 1770s, “discussing ideas of natural rights” with the Scottish philosopher. Also strong is Isaacson’s discussion of the “edits and tweaks” made to Jefferson’s draft. As recommended by Franklin and others, the changes were substantial, leaving Jefferson “distraught.” Franklin, who emerges as the book’s hero, helped establish municipal services, founded a library, and encouraged religious diversity—the kind of civic-mindedness that we could use more of today, Isaacson reminds us.

A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.

Pub Date: Nov. 18, 2025

ISBN: 9781982181314

Page Count: 80

Publisher: Simon & Schuster

Review Posted Online: Aug. 29, 2025

Kirkus Reviews Issue: Oct. 1, 2025

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DEAR NEW YORK

A familiar format, but a timely reminder that cities are made up of individuals, each with their own stories.

Portraits in a post-pandemic world.

After the Covid-19 lockdowns left New York City’s streets empty, many claimed that the city was “gone forever.” It was those words that inspired Stanton, whose previous collections include Humans of New York (2013), Humans of New York: Stories (2015), and Humans (2020), to return to the well once more for a new love letter to the city’s humanity and diversity. Beautifully laid out in hardcover with crisp, bright images, each portrait of a New Yorker is accompanied by sparse but potent quotes from Stanton’s interviews with his subjects. Early in the book, the author sequences three portraits—a couple laughing, then looking serious, then the woman with tears in her eyes—as they recount the arc of their relationship, transforming each emotional beat of their story into an affecting visual narrative. In another, an unhoused man sits on the street, his husky eating out of his hand. The caption: “I’m a late bloomer.” Though the pandemic isn’t mentioned often, Stanton focuses much of the book on optimistic stories of the post-pandemic era. Among the most notable profiles is Myles Smutney, founder of the Free Store Project, whose story of reclaiming boarded‑up buildings during the lockdowns speaks to the city’s resilience. In reusing the same formula from his previous books, the author confirms his thesis: New York isn’t going anywhere. As he writes in his lyrical prologue, “Just as one might dive among coral reefs to marvel at nature, one can come to New York City to marvel at humanity.” The book’s optimism paints New York as a city where diverse lives converge in moments of beauty, joy, and collective hope.

A familiar format, but a timely reminder that cities are made up of individuals, each with their own stories.

Pub Date: Oct. 7, 2025

ISBN: 9781250277589

Page Count: 480

Publisher: St. Martin's

Review Posted Online: Aug. 1, 2025

Kirkus Reviews Issue: Sept. 1, 2025

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