Many have questioned FDR's record on race, suggesting that he had the opportunity but not the will to advance the civil rights of African Americans. Kevin J. McMahon challenges this view, arguing instead that Roosevelt's administration played a crucial role in the Supreme Court's increasing commitment to racial equality—which culminated in its landmark decision in Brown v. Board of Education. McMahon shows how FDR's attempt to strengthen the presidency and undermine the power of conservative Southern Democrats dovetailed with his efforts to seek racial equality through the federal courts. By appointing a majority of rights-based liberals deferential to presidential power, Roosevelt ensured that the Supreme Court would be receptive to civil rights claims, especially when those claims had the support of the executive branch.

A “persuasive . . . heartfelt and vividly written” call to counter systemic racism and build national solidarity in America (Publishers Weekly). The American Promise enshrined in our Constitution states that all men and women are inherently equal. And yet racism continues to corrode our society. If we cannot overcome it, Theodore Johnson argues, the promise that made America unique on Earth will have died. In When the Stars Begin to Fall, Johnson presents a compelling blueprint for the kind of national solidarity necessary to mitigate racism. Weaving together history, personal memories, and his family’s multi-generational experiences with racism, Johnson posits that solutions can be found in the exceptional citizenship long practiced in Black America. Understanding that racism is a structural crime of the state, he argues that overcoming it requires us to recognize that a color-conscious society—not a color-blind one—is the true fulfillment of the American Promise. Fueled by Johnson’s ultimate faith in the American project, grounded in his family’s longstanding optimism and his own military service, When the Stars Begin to Fall is an urgent call to undertake the process of overcoming what has long seemed intractable.

This book explores the racial rules that are often hidden but perpetuate vast racial inequities in the United States.

How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.

Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.

On the way to offering a new analysis of the basis of the Supreme Court's iconic decision in Brown v. Board of Education, Jeffrey Hockett critiques an array of theories that have arisen to explain it and Supreme Court decision making generally. Drawing upon justices' books, articles, correspondence, memoranda, and draft opinions, A Storm over This Court demonstrates that the puzzle of Brown's basis cannot be explained by any one theory. Borrowing insights from numerous approaches to analyzing Supreme Court decision making, this study reveals the inaccuracy of the popular perception that most of the justices merely acted upon a shared, liberal preference for an egalitarian society when they held that racial segregation in public education violates the equal protection clause of the Fourteenth Amendment. A majority of the justices were motivated, instead, by institutional considerations, including a recognition of the need to present a united front in such a controversial case, a sense that the Court had a significant role to play in international affairs during the Cold War, and a belief that the Court had an important mission to counter racial injustice in American politics. A Storm over This Court demonstrates that the infusion of justices' personal policy preferences into the abstract language of the Constitution is not the only alternative to an originalist approach to constitutional interpretation. Ultimately, Hockett concludes that the justices' decisions in Brown resist any single, elegant explanation. To fully explain this watershed decision--and, by implication, others--it is necessary to employ a range of approaches dictated by the case in question.

An in-depth history exploring the evolution, impact, and ultimate demise of what was known in the 1930s and ‘40s as FDR’s Black Cabinet. In 1932 in the midst of the Great Depression, Franklin Delano Roosevelt won the presidency with the help of key African American defectors from the Republican Party. At the time, most African Americans lived in poverty, denied citizenship rights and terrorized by white violence. As the New Deal began, a “black Brain Trust” joined the administration and began documenting and addressing the economic hardship and systemic inequalities African Americans faced. They became known as the Black Cabinet, but the environment they faced was reluctant, often hostile, to change. “Will the New Deal be a square deal for the Negro?” The black press wondered. The Black Cabinet set out to devise solutions to the widespread exclusion of black people from its programs, whether by inventing tools to measure discrimination or by calling attention to the administration’s failures. Led by Mary McLeod Bethune, an educator and friend of Eleanor Roosevelt, they were instrumental to Roosevelt’s continued success with black voters. Operating mostly behind the scenes, they helped push Roosevelt to sign an executive order that outlawed discrimination in the defense industry. They saw victories?jobs and collective agriculture programs that lifted many from poverty?and defeats?the bulldozing of black neighborhoods to build public housing reserved only for whites; Roosevelt’s refusal to get behind federal anti-lynching legislation. The Black Cabinet never won official recognition from the president, and with his death, it disappeared from view. But it had changed history. Eventually, one of its members would go on to be the first African American Cabinet secretary; another, the first African American federal judge and mentor to Thurgood Marshall. Masterfully researched and dramatically told, The Black Cabinet brings to life a forgotten generation of leaders who fought post-Reconstruction racial apartheid and whose work served as a bridge that Civil Rights activists traveled to achieve the victories of the 1950s and ’60s. Praise for The Black Cabinet “A dramatic piece of nonfiction that recovers the history of a generation of leaders that helped create the environment for the civil rights battles in decades that followed Roosevelt’s death.” —Library Journal “Fascinating . . . revealing the hidden figures of a ‘brain trust’ that lobbied, hectored and strong-armed President Franklin Roosevelt to cut African Americans in on the New Deal. . . . Meticulously researched and elegantly written, The Black Cabinet is sprawling and epic, and Watts deftly re-creates whole scenes from archival material.” —Minneapolis Star Tribune