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Acknowledgments

Introduction: Is America the Paragon of the Rule of Law?
The Methodological Problem: What is the Rule of Law, Anyway?
The Black Liberation Rule of Law
Where We're Going

1. Madison's Theory of General Law Versus Property and Slavery
The Special Position of Property
Slavery as Lawlessness
Slavery as Property
The Impossibility of Holding Slavery Within Its Bounds

2. The Fugitive Slave Acts, Judicial Independence, and the Jury
Judicial Independence and the Jury
Fugitive Slave Act of 1850: The Return of the Vice-Admiralty Court
The Rule of Law Debate about Northern Resistance to Slavery

3. Reconstruction and the Black Liberation Rule of Law
Black Authorship of The Reconstruction Amendments
Due Process and Equal Protection

4. Turning the Constitution Around: Black Liberation and the Rule of Law in the Last Century
Judge Lynch's Affront to the Rule of Law
The Second Liberation Movement: From Anti-Lynching to Criminal Justice

5. Security and Discretion: The Problem of Executive Power
Police as Executives: The Problem of Discretion in Street-Level Criminal Justice
Presidential Power in the National Security State

6. The Gavel and the Fist: The Problem of Sovereignty and Borders
The Plenary Power
Immigration 'Court': Barely Adjudication at All
The Tendency of Arbitrary Power to Metastasise Throughout the Legal System

Conclusion: Is There Any Hope for an American Rule of Law?
The Washington Consensus: Here Comes Property Again
The Crisis of the American Rule of Law: Reflections on Donald Trump

Bibliography
Index

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