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Rights are a sacred part of American identity. Yet they were an afterthought for the Framers. Only as a result of the racial strife that exploded during the Civil War—and a series of resulting missteps by the Supreme Court—did rights gain such outsized power. Over and again, courts have treated rights conflicts as zero-sum games in which awarding rights to one side means denying rights to others. As eminent legal scholar Jamal Greene shows in How Rights Went Wrong, we need to recouple rights with justice—before they tear society apart.

American Empire is at its apex. We are the sole superpower, with no potential challenger for a generation. We can reach any point on the globe with our cruise missiles and smart bombs, and our culture penetrates every nook and cranny of the global village. Yet our beloved America is now reviled abroad, dictated to by arrogant judges at home, overrun by special interests, and buried beneath a mountain of debt.

More than 13 years after 9/11, the Afghan war is far from over, even if Washington insists that the U.S. role in it will soon come to an end. Three recent books help explain why, and what Washington needs to do next to protect the gains that have been made.