How did gay and lesbian couples’ right to marry go from unthinkable to inevitable? How did the individual right to bear arms, dismissed as fraudulent by Chief Justice Warren Burger in 1990, become a constitutional right in 2008? And what compelled President George W. Bush to rein in many of his initiatives in the war on terror before leaving office, even though past presidents have had a free hand in wartime? We are likely to answer that, in each case, the Supreme Court remade our nation’s most fundamental law.
Yet as the award-winning legal scholar David Cole argues in Engines of Liberty, citizen activists are the true drivers of constitutional change.