The acute desire to close American borders to new arrivals, mostly persons of color from developing countries, has surfaced in school board gatherings, town hall meetings, gubernatorial races, even presidential elections. . . . Does America still see itself as the 'land of immigrants'? Why not . . . invest in the survival and progress of all immigrants?--Edwidge Danticat, from the Foreword In this timely book, Owen Fiss examines the paradox of new immigrants being stripped of their rights within a democracy committed to equality. Arguing that it is in the interest of all of us-citizens and citizens-to-be-to live up to the promise of our Constitution, Fiss challenges the courts to invoke the courage they once brought to landmark civil rights cases and to apply it now to preserve a community of equals. Distinguished scholars and activists respond and debate the implications of Fiss's argument. The New Democracy Forum is a series of short paperback originals exploring creative solutions to our most urgent national concerns.

Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

A distinguished Yale economist and legal scholar’s argument that law, of all things, has the potential to rescue us from the next economic crisis. After the economic crisis of 2008, private-sector spending took nearly a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach whose proven success is too rarely acknowledged. Harking back to New Deal regulatory agencies, Listokin proposes that we take seriously law’s ability to function as a macroeconomic tool, capable of stimulating demand when needed and relieving demand when it threatens to overheat economies. Listokin makes his case by looking at both positive and cautionary examples, going back to the New Deal and including the Keystone Pipeline, the constitutionally fraught bond-buying program unveiled by the European Central Bank at the nadir of the Eurozone crisis, the ongoing Greek crisis, and the experience of U.S. price controls in the 1970s. History has taught us that law is an unwieldy instrument of macroeconomic policy, but Listokin argues that under certain conditions it offers a vital alternative to the monetary and fiscal policy tools that stretch the legitimacy of technocratic central banks near their breaking point while leaving the rest of us waiting and wallowing.