Copyright 2016 by David Cole
Introduction and Conclusion copyright 2017 by David Cole
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Originally published in hardcover and ebook by Basic Books in March 2016
First Trade Paperback Edition: October 2017
Published by Basic Books, an imprint of Perseus Books, LLC, a subsidiary of Hachette Book Group, Inc.
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Parts of the revised introduction were adapted from an essay initially published in a different form in the New York Review of Books: David Cole, The Way to Stop Trump, NYR Daily, November 14, 2016.
The Library of Congress has cataloged the hardcover edition as follows:
Names: Cole, David, 1958 author.
Title: Engines of liberty : the power of citizen activists to make constitutional law / David Cole.
Description: New York : Basic Books, 2016. | Includes bibliographical references and index.
Identifiers: LCCN 2015036456| ISBN 9780465060900 (hardback) | ISBN 9780465098514 (ebook)
Subjects: LCSH: Law reformUnited StatesCitizen participation. | Justice, Administration ofUnited StatesCitizen participation. | Constitutional lawUnited States. | Law reformUnited States. | Political participationUnited States. | BISAC: POLITICAL SCIENCE / Constitutions.
Classification: LCC KF384 .C65 2016 | DDC 342.73dc23
LC record available at http://lccn.loc.gov/2015036456
ISBNs: 978-1-5416-1657-8 (paperback), 978-0-465-06090-0 (hardcover), 978-0-465-09851-4 (ebook)
E3-20170908-JV-PC
O NE OF THE W ASHINGTON P OST S N OTABLE N ONFICTION B OOKS OF 2016
[Coles] narratives weave a compelling portrait of advocacy-driven constitutional change. Readable, accessible and even gripping. [A] deeply hopeful book.
Washington Post
Transforms ones understanding of the contributions of other forumsstate legislatures, for example, and public opinion (at home and abroad)in campaigns that eventually culminate in Supreme Court decisions.
New York Review of Books
A fresh and revelatory account of constitutional reform from the bottom up. The book carries a hopeful message: Despite the undue influence wielded by elite institutions, ordinary citizens can and do drive constitutional change.
Nation
[An] illuminating piece of opinion journalism.
American Scholar
[A] riveting book.
Dorf on Law
Coles book is compelling, especially in todays climate of gridlock following the death of Supreme Court justice Antonin Scalia.
Kirkus Reviews
In Engines of Liberty, David Cole turns constitutional law on its head. With his characteristic intelligence and clarity, Cole demonstrates that the law changes from the bottom up, not the top down, and that it is citizens, not judges, who are the ultimate custodians of our nations laws.
J EFFREY T OOBIN , author of The Oath and The Nine
Engines of Liberty is a masterful account of how civil society organizations work, and a passionate argument for why they are so important to our democracy. David Cole offers invaluable knowledge and insight about the potential each of us has to shape our nations laws and public life. My hope is that Engines of Liberty inspires a new generation of activists to rise up and launch their own campaigns for civil liberties.
A NTHONY D. R OMERO , executive director, American Civil Liberties Union
In expertly demonstrating how ordinary people can make a huge difference on defining issues in our nation, David Cole has written an important, inspiring, and essential book!
M ARY B ONAUTO , civil rights project director, Gay & Lesbian Advocates & Defenders
A skilled human-rights practitioner unveils a characteristically thoughtful, balanced anatomy of successful constitutional advocacy, which focuses less on winning court battles than on shaping the popular sentiments that critically drive or obstruct political change.
H AROLD H ONGJU K OH , Sterling Professor of International Law, Yale Law School
No one is better than David Cole at explaining how Americans can fight for civil liberties and civil rights. He is passionate yet careful, accessible yet nuanced. Engines of Liberty wonderfully highlights his intellectual virtues.
R ANDALL K ENNEDY , Michael R. Klein Professor, Harvard Law School, and author of For Discrimination
Anyone who doubts the ability of Americans to change both policy and law should read David Coles book. His analysis of how we go about protecting the rights of gun owners is the most accurate I have ever read. This is a must-read.
D AVID K EENE , former president, National Rifle Association
David Cole is one of our most astute and perceptive constitutional commentators. His work is indispensable.
R OBERT P OST , dean, Yale Law School
David Coles fair-minded narrative is a must-read for anyone who desires to change constitutional law. As a lawyer who challenged the federal ban on medical marijuana and Obamacares individual insurance mandate, I can personally attest to the vital role that individual citizens and civil society groups play in making such change possible by shaping public opinion outside the courts.
R ANDY E. B ARNETT , Carmack Waterhouse Professor of Legal Theory and director, Georgetown Center for the Constitution
Activists seeking to advance change in their societies are often so immersed in the doing thateven when they winthey rarely pause to analyze and understand why. Engines of Liberty gives three rights campaigns what the military calls a hotwasha kind of after-action review of what worked, what didnt, and whyand in the process illuminates the instrumental and often overlooked role of one vital engine of liberty: civil society advocates whose efforts create the political and social environment that makes change possible.
E LISA M ASSIMINO , president and CEO, Human Rights First
In a lively, engaging, and illuminating narrative, David Coles Engines of Liberty explores the ways in which citizen activists shape American constitutional law by transforming public opinion and national values in ways that ultimately help define the views and understandings of the justices of the Supreme Court. With a focus on citizen campaigns to promote same-sex marriage, the right to bear arms, and the protection of human rights in the age of terrorism, Cole brings to life this often underestimated element of American constitutional law.
G EOFFREY R. S TONE , Edward H. Levi Distinguished Service Professor, University of Chicago
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