David Cole – Engines of Liberty: Book Review & Audio Summary

Book Info

• Book name: Engines of Liberty: The Power of Citizen Activists to Make Constitutional Freedom a Reality
• Author: David E. Cole
• Genre: History & Politics, Social Sciences & Humanities
• Pages: 384
• Published Year: 2015
• Publisher: Basic Books
• Language: English

Audio Summary

Synopsis

In Engines of Liberty, Georgetown law professor David E. Cole challenges the conventional narrative that constitutional change comes from presidents and courts alone. Through compelling stories of grassroots activism—particularly the fight for marriage equality—Cole demonstrates how ordinary citizens have become the true architects of constitutional progress. From a heartbreaking custody battle in Vermont to California’s Proposition 8 showdown, this book traces the decades-long journey that led to nationwide marriage equality in 2015. Cole argues persuasively that sustained citizen activism, strategic litigation, and public education campaigns are the real engines driving constitutional evolution in America. It’s an inspiring reminder that democracy isn’t a spectator sport.

Key Takeaways

• Constitutional change rarely comes from top-down government action alone—it requires sustained grassroots activism and citizen engagement over many years
• Strategic litigation combined with public education campaigns can shift both legal precedent and public opinion simultaneously
• Personal stories and relatable plaintiffs are crucial to winning hearts and minds in civil rights battles
• Setbacks and losses are often necessary steps on the path to ultimate victory in constitutional struggles
• Small state victories can create momentum that eventually leads to nationwide constitutional recognition of rights

My Summary

Why This Book Matters Now More Than Ever

I’ll be honest—when I first picked up Engines of Liberty, I expected another dry legal textbook about constitutional law. What I got instead was something far more powerful: a deeply human story about how ordinary people change the course of history. David Cole, a Georgetown law professor and civil rights attorney, has written what might be the most important book about activism and constitutional change in recent memory.

In our current political climate, where so many people feel powerless and disconnected from the political process, Cole’s message is both timely and essential. He reminds us that the biggest constitutional victories in American history—from civil rights to marriage equality—didn’t come from enlightened judges or visionary presidents acting alone. They came from persistent, strategic, and often unglamorous work by citizen activists who refused to give up.

What struck me most about this book is how it demolishes the myth of the lone hero changing history. We love to tell stories about individual greatness—Washington crossing the Delaware, Lincoln signing the Emancipation Proclamation. But Cole shows us the collective effort behind every major constitutional shift. It’s a perspective we desperately need today.

The Vermont Story: Where It All Began

Cole begins with a story that perfectly illustrates how personal tragedy can spark movements. In 1989, Susan Hamilton died in a car accident, leaving behind her partner Susan Bellamaire and their 15-month-old son Colin. What should have been a time of private grief became a public legal battle when Hamilton’s parents sued for custody of their grandson.

Think about that for a moment. Bellamaire had been raising this child as a parent, but in the eyes of the law, she was essentially a stranger. Only because Hamilton had the foresight to prepare a will did Bellamaire win custody after two years of litigation. Without that document, she would have lost her son simply because their relationship wasn’t legally recognized.

This case became a wake-up call for gay rights activists in Vermont. It exposed just how vulnerable same-sex couples were under existing law. But here’s what I found fascinating: instead of just being angry about the injustice, activists channeled that energy into a strategic, long-term campaign.

They recruited three carefully chosen couples to sue the state for marriage licenses. These weren’t random plaintiffs—they were selected to challenge stereotypes. They had stable jobs, long-term relationships, and two of the couples were raising children. This wasn’t an accident. The activists understood that winning in court required winning in the court of public opinion too.

The Vermont Supreme Court’s 1999 decision requiring equal treatment for same-sex civil unions was groundbreaking, but activists didn’t stop there. They kept pushing until 2009, when Vermont became the first state to legalize same-sex marriage through legislative action rather than court order. That distinction matters because it showed that public opinion had shifted enough for elected representatives to support marriage equality.

California Dreaming and Proposition 8 Nightmares

If Vermont’s story shows the power of patient, strategic activism, California’s battle over marriage equality demonstrates how messy and unpredictable constitutional change can be. Cole’s account of the Proposition 8 fight is both inspiring and heartbreaking.

In 2004, San Francisco Mayor Gavin Newsom started issuing marriage licenses to same-sex couples even though they weren’t legally recognized by the state. It was an act of civil disobedience that galvanized both supporters and opponents. By 2008, the California Supreme Court had legalized same-sex marriage, and it seemed like a huge victory.

But then came Proposition 8, a constitutional amendment to ban same-sex marriage. What followed was one of the most expensive ballot initiative campaigns in California history, with each side spending $40 million. Cole describes how a single television ad—showing a young girl telling her parents she learned at school that she could marry a woman—may have tipped the balance.

That ad terrified me when I read about it, not because of its content, but because of its effectiveness. It played on parents’ fears about what their children were being taught. It reframed marriage equality as a threat to children rather than a matter of adult rights. And it worked—Proposition 8 passed with 52% of the vote.

Reading about this defeat was genuinely painful, even though I knew how the story eventually ended. Cole captures the despair activists felt when they realized they’d lost. But he also shows how they immediately regrouped and challenged Proposition 8’s validity in court.

What happened next reveals something crucial about constitutional change: sometimes the best victories come from your opponents’ mistakes. When Proposition 8 reached the U.S. Supreme Court, neither Governor Arnold Schwarzenegger nor Attorney General Jerry Brown would defend it. Without a state representative willing to argue for it, the lower court’s decision striking it down stood. Marriage equality was legal again in California.

The Supreme Court and the Obergefell Decision

The final chapter of Cole’s narrative brings us to the 2015 Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. But Cole doesn’t present this as inevitable or predetermined. Instead, he shows how this decision was the culmination of decades of groundwork laid by activists.

The story of John Arthur and James Obergefell is particularly moving. Arthur was dying from ALS, and because Ohio didn’t recognize same-sex marriage, the couple traveled to Maryland to get married. When Ohio refused to recognize their union, they sued. Arthur died just months after filing the lawsuit, but Obergefell continued fighting.

What makes this story so powerful is its ordinariness. These weren’t famous activists or wealthy litigants. They were just two people who wanted their relationship recognized before one of them died. Yet their case became the vehicle for one of the most significant constitutional decisions in modern American history.

Cole emphasizes that the Supreme Court’s decision didn’t come from nowhere. By 2015, public opinion had shifted dramatically on same-sex marriage. Multiple states had already legalized it through various means. The Court wasn’t leading public opinion—it was following a path that activists had carefully prepared over decades.

The Real Lessons About Constitutional Change

What I appreciate most about Engines of Liberty is that Cole doesn’t just tell inspiring stories—he extracts practical lessons about how constitutional change actually happens. And these lessons apply far beyond marriage equality.

First, Cole shows that constitutional change requires multiple strategies working simultaneously. Activists can’t just focus on litigation or just focus on public education or just focus on legislative lobbying. They need to do all of it at once, recognizing that progress in one arena supports progress in others.

Second, he demonstrates the importance of playing the long game. The marriage equality movement didn’t win in a year or even a decade. It took sustained effort over more than twenty years, with activists learning from defeats and building on victories. In our instant-gratification culture, this is a crucial reminder that meaningful change takes time.

Third, Cole emphasizes the power of storytelling and personal narratives. Legal arguments matter, but they’re not enough. The marriage equality movement succeeded in part because activists put forward relatable plaintiffs with compelling stories. Susan Bellamaire fighting for her son, John Arthur wanting his marriage recognized before he died—these stories made abstract legal principles concrete and personal.

Fourth, the book illustrates how setbacks can actually strengthen movements. Proposition 8’s passage was devastating, but it also energized activists and generated sympathy for same-sex couples. Sometimes losses create the conditions for bigger victories down the road.

Applying These Insights to Today’s Struggles

As I finished reading Engines of Liberty, I couldn’t help thinking about how Cole’s insights apply to current constitutional struggles. Whether it’s voting rights, reproductive freedom, immigration reform, or criminal justice, the same principles apply.

If you’re involved in any kind of activism or advocacy, here are some practical applications from Cole’s book:

Build coalitions across different groups and strategies. The marriage equality movement succeeded because it brought together litigators, lobbyists, grassroots organizers, and public educators. Don’t silo your efforts—find ways to coordinate with others working toward similar goals.

Invest in changing hearts and minds, not just laws. Legal victories that lack public support are fragile. The marriage equality movement spent years on public education campaigns that shifted public opinion. Your cause needs a similar investment in winning people over.

Choose your test cases carefully. The plaintiffs in Vermont weren’t random—they were selected to be sympathetic and to challenge stereotypes. If you’re pursuing litigation as part of your strategy, think strategically about who brings the case and how their story will resonate.

Prepare for the long haul. Constitutional change doesn’t happen quickly. Build organizations and strategies that can sustain effort over years or even decades. Celebrate small victories while keeping your eyes on the ultimate goal.

Learn from defeats. Proposition 8 passed, but activists immediately challenged it and ultimately won. Don’t let setbacks paralyze you—analyze what went wrong, adjust your strategy, and keep fighting.

What Cole Gets Right (and What’s Missing)

Cole’s greatest strength as a writer is his ability to make complex legal concepts accessible without dumbing them down. As someone who teaches constitutional law, he could have written an academic tome full of jargon. Instead, he crafted a narrative that anyone can follow, regardless of their legal background.

His insider perspective as a civil rights attorney also adds credibility. Cole isn’t just observing these movements from the outside—he’s been involved in constitutional litigation himself. He knows how the sausage gets made, and he’s honest about both the inspiring and the mundane aspects of activist work.

The book’s focus on marriage equality as a case study is both a strength and a limitation. It’s a strength because it allows Cole to go deep into one movement and extract detailed lessons. The marriage equality fight is recent enough that many readers remember it, making the lessons feel immediate and relevant.

But it’s also a limitation because some readers have noted that the book focuses primarily on this one issue and primarily on the experiences of white activists. Cole does touch on other constitutional struggles, but they get less attention. A more diverse set of case studies might have strengthened his argument that these principles apply broadly.

I also wish Cole had spent more time on the role of opposition movements. He discusses Proposition 8’s supporters, but I wanted more analysis of how conservative activists have used similar strategies to advance their own constitutional visions. Understanding both sides of these battles would make the book even more valuable for activists across the political spectrum.

How This Book Compares to Other Works on Activism

If you’re interested in books about social movements and constitutional change, Engines of Liberty fits into a rich tradition. It shares some DNA with Taylor Branch’s trilogy on the civil rights movement, though Cole’s scope is narrower and more focused on legal strategy.

It’s less academic than Michael Klarman’s From the Closet to the Altar, which covers similar ground but with more scholarly apparatus. Cole’s book is more accessible to general readers while still being substantive enough for those with legal backgrounds.

In some ways, it reminds me of Jane Mayer’s Dark Money, but from the opposite perspective. Mayer shows how wealthy conservatives built networks to reshape American politics and law. Cole shows how grassroots progressives did something similar with fewer resources but more people power.

What sets Engines of Liberty apart is its optimism. Many books about politics and constitutional law these days are pessimistic, focusing on democratic backsliding and institutional failure. Cole’s book is a refreshing reminder that citizens still have power to create change, even when institutions seem unresponsive.

Questions Worth Pondering

After finishing this book, I found myself wrestling with some challenging questions. Can the strategies that worked for marriage equality be replicated for other issues, or was there something unique about that particular movement? The marriage equality campaign benefited from having sympathetic plaintiffs and from cultural shifts that made homosexuality less stigmatized. Not every constitutional struggle has those advantages.

I also wonder about the role of timing and luck in constitutional change. Cole shows how activists created opportunities, but he also acknowledges moments when fortune played a role—like when California officials refused to defend Proposition 8. How much of constitutional change is strategic activism versus being in the right place at the right time?

Finally, Cole’s book raises questions about judicial restraint versus judicial activism. The Supreme Court’s decision in Obergefell was controversial partly because it seemed to some like unelected judges imposing their values on the country. Cole argues that the decision reflected years of democratic activism and shifting public opinion. But where’s the line between courts responding to social change and courts getting ahead of it?

Why You Should Read This Book

Look, I know 384 pages about constitutional law doesn’t sound like the most exciting read. But trust me on this—Engines of Liberty is genuinely compelling. Cole writes with clarity and passion, and the stories he tells are inherently dramatic.

More importantly, this book offers something we desperately need right now: hope grounded in reality. It’s not naive optimism that ignores obstacles. It’s evidence-based hope that shows how ordinary people have overcome seemingly impossible odds to create constitutional change.

If you’re feeling discouraged about politics or wondering whether your activism matters, read this book. If you’re involved in any kind of advocacy work and need strategic insights, read this book. If you’re just curious about how constitutional change actually happens, read this book.

Cole reminds us that we’re not powerless, that constitutional law isn’t just something that happens to us, and that citizen activists are the real engines of liberty in America. In these polarized and often depressing times, that’s a message worth hearing.

Join the Conversation

I’d love to hear your thoughts on Engines of Liberty and the broader questions it raises. Have you been involved in activism or advocacy work? What strategies have you found effective? Do you think the lessons from the marriage equality movement apply to other constitutional struggles today?

Drop a comment below and let’s discuss. And if you found this summary helpful, please share it with others who might benefit from Cole’s insights. Constitutional change requires collective effort, and that includes spreading good ideas about how to make it happen.

Thanks for reading, and as always, keep those pages turning!