In Our Defense: The Bill of Rights in Action

by Ellen Alderman, Caroline Kennedy

Clearly and eloquently, Ellen Alderman and Caroline Kennedy not only examine the historical and legal significance of each amendment, but also present several of the human stories that have given shape to these basic rights. Traveling throughout the country, the authors interviewed people whose lives have been deeply affected by issues as diverse and timely as the death penalty, gun control, and the right to privacy. In gripping narrative style, they bring together the voices and experiences of those who have used the Bill of Rights in their-and our-defense.

Genres: Law, Nonfiction, Politics, History, Read For School, Social Issues, American History

430 pages, Hardcover

First published January 1, 1991

Reviews

[Rian Nejar · Rating 4 out of 5]

Lucidly written, and well researched, 'In Our Defense' clarifies and humanizes the Bill of Rights for the layman and the civics researcher alike. With interesting and engaging judicial proceedings, delving into protections afforded by this addition to the US Constitution, Alderman and Kennedy paint a vivid picture of a complex, and at times thorny, social fabric woven by deeply contemplated ideas of the founding fathers written into law. A sense that some of these ideas, especially the second, of the ten amendments collectively called the Bill of Rights, may be outdated is inescapable...particularly since recent judicial decisions have hardened implementation of this amendment, leading to increased concern over security in an excessively armed society. Is it really practical to maintain ideas, of more than two centuries in the past, rigid and unchanging in a dynamic and progressive society? This work provides an excellent introduction to such necessary debate.

[Brian McDonnell · Rating 3 out of 5]

Well written summaries of significant cases, if a little outdated. much more attention paid to some amendments than others, 7 & 9 were cursory at best, but what can you do.

I can see this being a good primer for AP Go students, as it gives them a glimpse into the legal field along with an application of each amendment (pulled from the shelf of Fran Brock where it was likely used for just that). This book also serves as a reminder that not all cases end well, criminal trials are rarely about good behavior, and the good guys don't always win. The book does the intended job, but that doesn't mean it's always pleasant to read.

[Barbara Storey · Rating 3 out of 5]

Interesting, a little dry in places. Some of the legal language was a bit too florid to be easily understood, but the case histories used to illustrate the different amendments were interesting. A good read, just not as great as I had hoped, I guess.

[Kim · Rating 4 out of 5]

Stuff we should all know well, explained well.

[Michael Maciolek · Rating 5 out of 5]

Phenomenal. The subject matter was intriguing to me as someone who is into Con Law/Civil Liberties, but I think even a casual reader would be hard pressed to not find this interesting. Wonderfully shows how the rights granted to us in the Bill of Rights have been interpreted throughout the nation's history, including backgrounds on the cases (that at times read like novels), background on the historical precedent that led to that right being included in the BoR, and small explanations of various legal doctrines (that are not sometimes confined to one amendment).

However, take note that the book was written decades ago and thus some things have changed since. At the time of writing, the authors were correct in asserting that the 2nd Amendment had not been incorporated - but since McDonald v. Chicago in 2010, it has been. The book still holds up wonderfully, but I would caution against using it as a definitive work on the current status of civil rights law in America.

[Mary Carrillo · Rating 5 out of 5]

Although the book was written in 1991, I would recommend it to every American and everyone else who would like to understand the Bill of Rights in the US Constitution. For each of the 10 Amendments that make up the Bill of Rights, the authors have highlighted a Supreme Court case that clarifies the critical elements of the Amendment. For the Amendments, like the 5th that cover several rights, each one is separately studied. The book is not at all hard to understand and there are few Americans who would not learn more about the nuances of the amendments and their interpretation. It should be required reading in American History classes. It would be wonderful if these two women would right an update to their fine contribution to the understanding of our Rights.

[Harold Citron · Rating 3 out of 5]

Interesting book that delves into the US Bill of Rights. The authors take the reader through the various amendments using real-world examples and cases intertwined with history of the law that supports each amendment, both within the US legal history, and primarily from British Common Law upon which America's was birthed.

Implications of both the law, including complexity and controversies are combined with brief understandings about the broader impact of the legal system, notably at the level of the US Supreme Court and its role in determining various cases.

[Zoey Blickstein · Rating 3 out of 5]

A great read for anyone who has an interest in law, human decency, and the intricacies of major Supreme Court rulings. I would love an updated version or part 2 to learn all that has changed since its publication (which is why this has 3 stars instead of 4). A tool is only helpful for those who know how to use it, and the Bill of Rights seems to be one of those untouchable tools that harms the innocent, saves the guilty, and everything in between.

[Donna · Rating 3 out of 5]

Truthfully, I only read about a third of this book. The chapter on the First Amendment was long and somewhat tedious. Subsequent chapters were shorter, and if I had had enough time, I would have enjoyed them more. As it was, after our book club meeting, I returned the book to the library without finishing it.

[Jack · Rating 4 out of 5]

An interesting and occasionally frustrating look at how the US constitution works. It’s messy and complicated, but that’s life. I’d be interested to read an updated edition of this reflecting the past thirty years of political events.

[KCiak · Rating 3 out of 5]

Confusing at times, but very interesting overall.

[BERNARD HILTON · Rating 5 out of 5]

This book is absolutely amazing. Iv'e read this book from cover to cover at least 10 times. The pages are all falling out. i need to buy a new book!

[Nechamah Goldfarb · Rating 4 out of 5]

Excellent and clear; worth reading!

[Pansy · Rating 4 out of 5]

I'm an attorney and I read this book as an undergraduate. It is very accessible to the layperson, though it's now a bit dated. For instanced, since D.C. v. Heller, the chapter on the Second Amendment is no longer good law. It would be nice if the authors were to update this book.

[Joe O'Connor · Rating 4 out of 5]

Haven't read this one in a while and I need to read it properly again since I'm newly interested in the Supreme Court, but when I did I found it compelling to provide context and background to some really important cases besides the ones you learn in AP Government. Like the vignettes and how the book is cut up by amendment and by clause in amendment. Pretty good stuff.

[Gary Ray · Rating 3 out of 5]

I think when this came out, I probably would have rated it 4 stars. As it stands now, it needs an update. Much of the case law is dated, particularly the section on the 2nd amendment.

It would be 4 stars now, even dated, had the foot/endnotes been better structured. There is no link in the text to the notes, so you have to search the endnotes for each chapter in the appendix in order to find relevant material.

That said, like their book The Right to Privacy this is an entertaining and enlightening look at the workings of law and the courts that most people don't understand.

[Phillip · Rating 2 out of 5]

I had this book on the shelf, and I pulled it out to read since I was teaching a Constitutional Law class. It was a bit dated, but it was generally an interesting read. For instance, the Second Amendment chapter is no longer good law after D.C. v. Heller. But it was an attempt to breath life into the amendments by showcasing real people and groups that were affected by each amendment in the Bill of Rights. I'm sure there are better books out there, especially ones that are a bit more contemporary.

[OGEE Substack · Rating 5 out of 5]

Alderman cowrote this book with Caroline Kennedy (who is also a lawyer) and it is exceptional. I read it when I was in high school and it made me authentically excited about, and in love with, the Constitution. I wish that Kennedy had mentioned the ideas in this book more during her aborted attempt to be appointed to the US Senate to replace Hillary Clinton. If she had just referred to what she had written in here no one would have any doubts about her deservedness.

[LIZ · Rating 3 out of 5]

I had to read this because I went back to school. It is written in the way Bailey Sarian speaks but about the events that led to major constitutional cases highlighting the bill of rights. This isn't a book you read all the way through its more like a themed anthology of short stories and it is amazing at just that. If you stumble on it and your interested in that sort of thing I personally really liked it.

[Jackie · Rating 5 out of 5]

I tell you what, if you want a better understanding of our Bill of Rights take the time to read this. I loved how instead of just explaining the Rights they took real life case and applied them. Everyone should read this.

[Catherine · Rating 5 out of 5]

One of the best books I have read. A beautiful illustration of the bill of rights can impact the ordinary person - and why the protections it provides are so important. This book is a quick and compelling read - for all persons - not just lawyers!

[Andrew · Rating 3 out of 5]

Compelling, informative, easy-to-read discussion of the Bill of Rights, using, in most cases, one major court decision for each part of the amendments. Great introductory work on the first 10 amendments, as well as the role of the Supreme Court in American law.

[Daniel Belay · Rating 4 out of 5]

"In Our Defense" uses landmark cases, historical settings, and personal stories to illustrate both the scope and limitations of the Bill of Rights. Most importantly it explains, simply, how the two-hundred-year-old Bill of Rights continues to be relevant in a modern context.

[Kienie · Rating 2 out of 5]

Some of those cases are still good law, but others are out of date. That doesn't make the book pointless, but it does make the experience of reading it frustrating. Most of my negative feelings come from the fact that there is an assignment I have to do with the cases.

[John · Rating 4 out of 5]

Very insightful and engaging. I am usually somewhat opposed to reading school assigned books, but this one turned to be a breath of fresh, and, as an extension of the fifth amendment, constitutionally protected air.

[Clarissa · Rating 3 out of 5]

This was a summer assignment I really enjoyed. It helped me really understand what our judiciary branch does, and how it works. It showed me that not all the Bill of Rights mean what I thought they did. The right to bear arms case actually frustrated me!

[Samuel Fralich · Rating 5 out of 5]

I love love loved this book. It was a great introduction to reading about constitutional law and its implications. When paired with other case law books, this makes for an extremely interesting discussion.

[Carol]

What you don't know will astound you.

[Monique · Rating 5 out of 5]

Great book. Goes through the Bill of Rights and has actual cases which challeged some of our rights and the interpretations through the eyes of the courts. This is one of my favorites.

[Judy · Rating 5 out of 5]

This is a brilliant book. By Caroline Kennedy. Goodreads has her name spelled incorrectly.