American Constitutional Development

List of contents

Preface.
The Constitution (document).
A Society of Liberties, Rights and Other Values.
I. A NATION OF RIGHTS.
1. Civil Liberties in the United States.
Civil Liberties as Public Philosophy.
Civil Liberties as Legal Rights and Practice.
Civil Liberties as Conflict and Contest.
Sidebar: Basic Values at Stake in Civil Liberties Conflict.
Sidebar: Footnote Four.

The Primacy of the Courts.
The Supreme Court and the American Judiciary.
The Supreme Court at Work.
The Locus of Rights and Liberties.
Genesis of the Bill of Rights.
Nationalization of the Bill of Rights. Sidebar: Incorporation of the Bill of Rights into the Due Process Clause of the Fourteenth Amendment.

Cases. Hurtado v. California (1884).
Palko v. Connecticut (1937).
Duncan v. Louisiana (1968).

II. COMMUNICATION AND BELIEF.
2. Religion: Freedom for, Freedom From.
Church and State.
Financial Aid to Religion and Religious Schools.
Sidebar: Who Are the True Believers?
Sidebar: From Backcountry to the Court.
Religion and the Public Schools.

Sidebar: Adam and Eve and Darwin.
Other Church-State Relations.

Free Exercise of Religion. Public Order.
Patriotic Ritual.
Military Service.
Economic Benefits: Eligibility.
Economic Obligations: Exemptions.
Compulsory Education.
Other Free Exercise Questions.
The Religious Freedom Restoration Act.

Cases. Everson v. Board of Education (1947).
Abington School District v. Schempp (1963).
Walz v. Tax Commission (1970).
Lemon v. Kurtzman (1971).
Agostini v. Felton (1997).
Zelman v. Simmons-Harris (2002).
Edwards v. Aguillard (1987).
Good News Club v. Milford Central School (2001).
Santa Fe Independent School District v. Doe (2000).
Reynolds v. United States (1879).
West Virginia State Board of Education v. Barnette (1943).
Sherbert v. Verner (1963).
Employment Division, Department of Human Resources of Oregon v. Smith (1990).
Wisconsin v. Yoder (1972).
City of Boerne v. Flores (1997).

3. Speech and Assembly.
A Freedom Slow to Develop.
Subversion and National Security.
World Wars I and II.
The Cold War.
Sidebar: The Battle of Foley Square.
Freedom of Association.

Assembly, Protest, and Public Order. Personal Provocation.
The Hostile Audience and Riot.
Sidebar: The Anti-Judge.
Hate Speech.

Sidebar: Mr. Cleary Goes to Washington.
Group Demonstrations.

Sidebar: The Nazis and the Free Marketplace of Ideas.
Labor Picketing.
Time, Place, and Manner Issues.

Cases. Schenck v. United States (1919).
Gitlow v. New York (1925).
Dennis v. United States (1951).
Brandenburg v. Ohio (1969).
NAACP v. Alabama (1958).
Boy Scouts of America v. Dale (2000).
United States v. O'Brien (1968).
Texas v. Johnson (1989).
R.A.V. v. St. Paul (1992).
Wisconsin v. Mitchell (1993).
Edwards v. South Carolina (1963).
Hill v. Colorado (2000).
Tinker v. Des Moines Independent School District (1969).

4. The Media.
Prior Restraints.
Regulations of the Media as Business.
Access of the Media to Trials and Other Works of Government.
Access to the Media.
The Need for Public Information in Public Inquiries.
Sidebar: The Newsman and the Accused: The Case of M.A. Farber and YDr. X.”
Fairness in Criticism and Opinion.

Commercial Speech.
Defamation. Sidebar: The Friendly Persuader.

Informational Privacy.
Obscenity and Pornography.
Cases. Near v. Minnesota (1931).
New York Times v. United States (1971).
Sheppard v. Maxwell (1966).
Branzburg v. Hayes (1972).
Red Lion Broadcasting Co. v. Federal Communications Commission (1969).
Central Hudson Gas and Electric v. Public Service Commission (1980).
New York Times v. Sullivan (1964).
Gertz v. Robert Welch, Inc. (1974).
Hustler Magazine v. Falwell (1988).
Time, Inc. v. Hill (1967).
Bartnicki v. Hopper (2001).
Roth v. United States (1957).
Miller v. California (1973).
Reno v. American Civil Liberties Union (1997).
Ashcroft v. Free Speech Coalition (2002).

III. SOCIAL CONTROL.
5. Privacy and Public Morality.
Reproductive Freedom.
Procedures.
Sidebar: A Journey on the Court.
Consent and Notification.
Access to Public Medical Resources.

Sexual Conduct.
Death. Sidebar: The Right to Have Offspring.

Autonomy Revisited.
Cases. Griswold v. Connecticut (1965).
Roe v. Wade (1973).
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992).
Harris v. McRae (1980).
Bowers v. Hardwick (1986).
Cruzan v. Director, Missouri Department of Mental Health.
Washington v. Glucksberg (1997).

6. Crime and Punishment.
Search.
Warrants and Probable Cause.
Searches without Warrants.
New Technology.
The Exclusionary Rule.

Arrest. Interrogation.
Counsel.
Self-Incrimination.
Accusation and Plea Bargaining.
Bail and Detention.

Trial. By Jury.
Sidebar: The Highest Crime.
External Pressure and Prejudice.
Impartial Judge and Jury.
Representative Jury.
Speedy and Public Trial.
Confronting and Obtaining Witnesses.
Double Jeopardy.

Punishment. Methods and Severity.
The Death Penalty.
Sidebar: The Demographics of Death Row.

Cases. Katz v. United States (1967).
Chimel v. California (1969).
Terry v. Ohio (1968).
United States v. Ross (1982).
Ferguson v. Charleston (2001).
Kyllo v. United States (2001).
Mapp v. Ohio (1961).
Indianapolis v. Edmond (2000).
Escobedo v. Illinois (1964).
Miranda v. Arizona (1966).
Dickerson v. United States (2000).
Gideon v. Wainwright (1963).
Malloy v. Hogan (1964).
Batson v. Kentucky (1986).
Maryland v. Craig (1990).
Gregg v. Georgia (1976).
McCleskey v. Kemp (1987).

IV. EQUALITY AND INEQUALITY.
7. Racial Integration and Discrimination.
The Antebellum Period.
Reconstruction Gains and Loses.
Not-So-Benign Neglect.
New Initiatives.
The Brown Case.
A Decade of “Deliberate Speed.”
Sidebar: The Super Chief.

The Civil Rights Movement. Sidebar: Freedom's Apostle.
New National Legislation.
A New Era of Complex Civil Rights.
Schools: Desegregation or Racial Balance?
Sidebar: From Advocate to Justice.

Discrimination in Employment. Affirmative Action.

Cases. Plessy v. Ferguson (1896).
Shelley v. Kraemer (1948).
Brown v. Board of Education of Topeka I (1954).
Brown v. Board of Education of Topeka II (1955).
Cooper v. Aaron (1958).
Loving v. Virginia (1967).
Moose Lodge No. 107 v. Irvis.
Swann v. Charlotte-Mecklenburg Board of Education (1971).
Milliken v. Bradley (1974).
Missouri v. Jenkins (1990).
Regents of the University of California v. Bakke (1978).
Adarand Constructors v. Pena (1995).

8. Alienage and Citizenship.
Those Who Were Here First.
Immigration as National Policy.
Sidebar: From Many Streams.
Opposition and Conflict.
Citizenship and Naturalization.
Denaturalization and Expatriation.
Deportation.
Alienage and Equal Protection.
Expanding Protection.
Sidebar: Removal.

Federal Power.
Cases. Zadvydas v. Davis (2001).
Yick Wo v. Hopkins (1886).
Graham v. Richardson (1971).
Ambach v. Norwick (1979).
Plyler v. Doe (1982).

9. Gender and Other Discrimination.
Gender.
The Right to Vote.
Women in Need of Protection.
Modern Issues of Opportunity.
Sexual Harassment.

Age.
Birth Status.
Sexual Orientation.
Economic Discrimination.
Cases. Reed v. Reed (1971).
Frontiero v. Richardson (1973).
Craig v. Boren (1976).
Rostker v. Goldberg (1981).
United States v. Virginia (1996).
Massachusetts Board of Retirement v. Murgia (1976).
Romer v. Evans (1996).
Shapiro v. Thompson (1969).
San Antonio Independent School District v. Rodriguez (1973).

10. Voting and Representation.
The Right to Vote.
Race Discrimination.
Other Issues.
Sidebar: The Right to Have One's Vote Recounted Equally.

Representation. The Path to One Person, One Vote.
Multimember Districts.
Gerrymanders.
Candidacies and Terms.
Campaigns.

Cases. Bush v. Gore (2000).
Wesberry v. Sanders (1964).
Reynolds v. Sims (1964).
Gomillion v. Lightfoot (1960).
Shaw v. Reno (1993).
Miller v. Johnson (1995).
Buckley v. Valeo (1976).

Appendix A. Reading a Supreme Court Descision.
Appendix B. Law in the Library and on the Internet.
Appendix C. Justices of the Supreme Court.
Appendix D. The Historic Supreme Courts.
Glossary.
General and Supplemental Bibliography.
Index of Cases.
Index of Subjects.

Summary

• Cases and text combine to provide a look at how individual rights have been doctrinally shaped by the Supreme Court through interpretation of constitutional and statutory law. • Analyzes how America's ideological commitment to rights is transformed by the Supreme Court into law and legal doctrine and then into enforceable rules in specific cases. • Places unique emphasis on the political, economic, social and developmental aspects of the Supreme Court's civil liberties decisions. • Includes an abundance of cases, more than 100 in all.

Product details

• Authors: Richard S. Randall
• Publisher: Pearson Academic
• Languages: English
• Product format: Paperback / Softback
• Released: 01.01.2002
• EAN: 9780801320217
• ISBN: 978-0-8013-2021-7
• No. of pages: 656
• Weight: 1040 g
• Series: Longman; Longman
• Subject: Social sciences, law, business > Political science > Political theories and the history of ideas