100 Books Like An Economic Interpretation of the Constitution of the United States

I like books that change the very ways in which I see and understand the world.

Polanyi’s The Great Transformation from the end of WW2 made it much clearer to me how a world which regularly finds technological solutions to humankind’s problems could also descend into barbarism. Modern capitalism’s subordinating the functioning of society to the demands of the market changes the status of nature itself in ways that I am increasingly aware of, as the ecological crisis threatens the very survival of humankind.

The book appeals to me not least because of the ways in which it draws important philosophical conclusions from a detailed historical narrative rather than just stating theoretical positions.

Eugene Genovese was the most brilliant of a talented generation of scholars whose studies of New World slavery have since been largely deposed by a far more simplistic, black-and-white (pun intended) version of the same. 

Genovese’s magnum opus, Roll, Jordan, Roll, offers an unsparing view of a reality in which neither master nor slave “could express the simplest human feelings without reference to the other,” an especially intimate form of class rule which struck a compelling contrast to the anonymity of the wage nexus increasingly prevalent in the Northern states. 

These dialectics played out in a continual, if asymmetric, power struggle at the heart of plantation life, where the economy could not be separated out from racial, sexual, religious, and ideological experience, again, in stark contrast to the liberal division of social life into autonomous spheres of existence.

Jeffrey Sklansky is that rare academic with a writer’s literary imagination, which serves the reader well in engaging The Soul’s Economy, a riveting and dense intellectual history of the market’s emergence as the organizing principle of not only economic life, but of a distinctly new moral sensibility between 1820 and 1920. 

Sklansky explores this far-reaching turn of events through a series of dedicated readings of America’s leading philosophers and pundits of the times, ranging from Ralph Waldo Emerson to John Dewey, who collectively recast the pursuit of wealth into an ethic of personal rectitude and even the source of society’s general welfare.

Maurizzio Lazaratto is a critic of contemporary capitalism. 

His view of the subject finds powerful expression in Making of the Indebted Man, a study that tracks the development of a neo-liberal, or financialized, global economy organized around a new form of exploitation – no longer the extraction of surplus value from industrial labor, but the ever-mounting debt assumed by consumers seeking to maintain their standard of living while wages keep falling. 

The accruing debts serve as an effective means for disciplining the population while at once becoming an immensely lucrative source of profit for banks and other corporations that buy and sell them on the world’s financial markets.

I’m not a Constitutional or legal scholar. If anything, I’d be considered a biographer, since my book focuses on the life stories of the men behind the document. For that reason, I’m deliberately omitting any books that discuss the ramifications of the Constitution in modern times.

But I do enjoy this book, by a journalist and Harvard Law School graduate, which carefully breaks down each of the Constitution’s seven Articles and 27 Amendments, and carefully spells out in plain language the meaning of each. Yes, there are plenty of readers who will take issue with the specifics, but I find that Monk’s treatment is even-handed, and she sprinkles the text with asides, quotes, and opinions from top thinkers along the way.

The Scopes “Monkey” trial was a global media phenomenon and has passed into history as an epic battle, even more dramatic than the Galileo trial 300 years earlier. It certainly is a dramatic story, and Edward Larson retells it in this book with style and pace.

But, as is so often the case in the history of science and religion, the devil is in the detail, and the popular image of ignorant, demented fundamentalists taking on and being humiliated by the cool logic and evidence-based reasoning of secularists is only part of it. Eugenics, racism, politics, economics, biblical theology, and good old-fashioned commercial greed – all have their role to play in the entertaining story of this famous trial.

The existence of antislavery constitutionalism has long been neglected by law professors and historians and is unknown to the public. I myself did not become aware of it until I had been a law professor for nearly 20 years! Wiecek’s is one of the earliest books to mark the origin and development of this movement.

Reading it had a huge impact on my thinking. It led me to apply for a Guggenheim fellowship to research the constitutional abolitionists' writings and how their ideas influenced the Fourteenth Amendment, enacted in 1868, to achieve political equality. 

You have to ask how is it that Argentina has produced so many world-class authors, artists, and intellectuals? Roberto Gargarella is one such, and he has succeeded in turning the apparently dry topic of constitutionalism into the key to explaining the central paradoxes of Latin American democratic development. Before this book, constitutionalism was often dismissed as irrelevant to an understanding of Latin American democracy – very different to that of the United States – but Gargarella comes to the analytical rescue of the constitution and makes it central to his perceptive and counterintuitive analysis.

Legal scholars have offered a lot of insights into how democracies fall apart, but one of the more interesting books from constitutional scholars is How to Save a Constitutional Democracy. Using a case study of the US to illustrate, this book demonstrates how important constitutional design is in preventing democratic backsliding, as the book explains how would-be autocrats can take advantage of constitutions to flex their own power. And though the US constitution has often been heralded as a model document for new democracies to follow, somewhat surprisingly, it’s not ideal for maintaining a democracy; it actually suffers from two sins of being overly rigid on the one hand, and too vague in shaping the parameters of executive power on the other. This book is both a guide and a cautionary tale.

This book offers a blueprint for how to resist the intrusions of modern marketing. Cole, legal director of the ACLU and a former law professor, examines the successes of three modern movements for constitutional change. He adroitly traces the strategic choices made on the road to marriage equality, human rights in the war on terror, and a more capacious vision of the right to bear arms. Though dissimilar in their particular goals, these three social movements succeeded in producing sweeping changes in the law. Cole’s careful account is not only fascinating in its own right, but offers lessons for those who want to push back against the current landscape of ubiquitous advertising and commercial surveillance.