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Figures and Acknowledgments=xv
Preface=xxvii
XIV. Progressivism and the New Nationalism=1
Political Reform=3
Expanding Federal Power=4
Changes in Court Personnel=4
Federal Police Powers Upheld=7
Restraints on the States=12
Trust-Busting and the Court=13
Stream of Commerce Theory=16
The Rule of Reason Doctrine=17
Labor Unions and the Sherman Act=18
Reviving and Strengthening the ICC=19
The New Freedom=20
Federal Reserve System=21
Judiciary Act of 1914=21
The Sixteenth Amendment=22
Direct Election of Senators=24
The Prohibition Amendment=25
Women's Rights=27
Problems of Empire=29
The Insular Cases=30
The Legacy of Progressivism=35
XV. World War I and the Constitution=39
Sinking of the Lusitania=40
Mobilizing for Total War=42
Wartime Thought Control=45
Suppressing Dissent=47
War Powers Cases=49
First Amendment Rights=51
War Powers and the Court=55
Rejection of the League of Nations=56
XVI. Normalcy and Reaction=59
"Robust Republicanism"=61
Corruption and Scandal=63
The Coolidge Administration=63
Storm Warnings for the Economy=64
The "Noble Experiment"=65
Repeal of Prohibition=65
New Justices Appointed to the Court=67
The Taft Court=69
Organized Labor and the Court=72
The Federal Commerce Power=77
The Treaty Power=79
Federal Grants-in-Aid=80
Executive Power of Removal=81
Liberty and the Court=82
Taft's Legacy=86
Hoover's Appointments=88
Extending the Guarantees of the Bill of Rights=89
XVII. The New Deal Revolution=95
Roosevelt Takes Charge=97
Saving the Banks=98
Recovery Measures=99
The Second New Deal=102
Constitutional Problems=105
State Recovery Measures=106
Public Interest Doctrine Abandoned=107
Gold Clause Cases=109
New Deal Setbacks=111
Roosevelt and the Court=113
Roosevelt's Court Plan=116
Consequences of the Court Fight=120
Congressional Opposition=121
XVIII. The New Constitutionalism=125
The Commerce Power Unrestrained=130
The Dormant Commerce Clause Doctrine=133
No Federal Common Law=134
Selective Incorporation of the Bill of Rights=135
The Total Incorporation Theory=138
Expanding First Amendment Rights=141
Political Dissent=141
The Preferred Rights Doctrine=142
Religious Freedom=145
Jehovah's Witnesses Cases=146
The Establishment Clause=152
Some Racial Justice=153
The White Primary=155
A New Constitutional Focus=157
XIX. World War II and the Constitution=159
Waging Total War=163
Internment of Japanese-Americans=164
Military Trial of Civilians=169
Jurisdiction over Enemy Military Personnel=171
War Crimes Trials=173
War Powers in Peacetime=176
Wartime Treason=176
Evaluating the Wartime Court=179
XX. The Era of the Cold War=183
The Korean War=185
War Powers of the President Limited=186
Internal Subversion=187
The Truman Loyalty Order=188
The McCarran Act=189
The Fair Deal=192
Presidential Succession=194
Twenty-Second Amendment=194
Truman's Court Appointments=195
Civil Liberties under Siege=197
Smith Act Prosecutions=198
State Loyalty Programs=202
The Federal Loyalty Program=204
Some Racial Justice=206
Racial Progress in the Courts=208
Enforcing the "Equal" in Separate but Equal=209
Eisenhower and the Return of Reason=212
The Bricker Amendment=215
XXI. Earl Warren Takes the Helm=219
New Priorities=222
Desegregating Public Education=222
Anticommunism and the Court=226
The Smith Act and the States=229
Eviscerating the Smith Act=230
Loyalty Programs and Due Process=231
Military Courts and Civilians=232
Fair Trial and Full Disclosure=236
The Political Backlash=238
Free Speech and Political Advocacy=239
XXII. A Decade of Change and Progress=243
The Liberals Take Charge=245
Twenty-Third Amendment=248
Revolution in Civil Rights=249
The End of Legal Segregation=250
Twenty-Fourth Amendment=252
Congressional Action on Civil Rights=253
Civil Rights Act of 1964=253
The Court and Title II=255
Voting Rights Act of 1965=257
Civil Rights Act of 1968=258
Immigration Act of 1965=259
XXIII. The New Judicial Activism=261
Equalizing the Ballot=261
Baker v. Carr=263
Twenty-Fifth Amendment=266
School Prayer and the Court=267
Public Funding of Church-Related Schools=271
Sunday Closing Laws=271
Libel and the First Amendment=272
Obscenity and the First Amendment=275
Privacy and the Constitution=278
XXIV. Nationalizing Criminal Due Process=283
The Exclusionary Rule=283
Cruel and Unusual Punishments=287
The Right to Counsel=289
Police Practices and the Right to Counsel=291
Self-Incrimination and the Court=293
Miranda v. Arizona=294
The Right of Confrontation=296
Right to Compulsory Process=297
Impartial Trial Guarantee=297
Right to a Speedy Trial=298
Jury Trial=298
Double Jeopardy=300
Warren's Legacy=301
XXV. An Era of Discord and Crisis=305
Vietnam and the War Powers=307
Restriction of Symbolic Speech=310
War Powers Act=312
The Pentagon Papers=313
Watergate and Executive Privilege=315
XXVI. Progress on First Amendment Rights=321
Libel and Freedom of the Press=322
Commercial Speech Protected=323
Protection of Political Speech=324
Press Freedom and Sixth Amendment Rights=325
Confidentiality and the Press=327
Deeper into the Obscenity Bog=327
Separation of Church and State=329
Generally Applicable Laws Doctrine=331
Weakening the Separation of Church and State=334
XXVII. Civil Rights and Affirmative Action=341
School Busing=342
Affirmative Action=345
Racial Quotas and the Court=347
Women's Rights=353
Gender Classification and Heightened Scrutiny=356
The Equal Rights Amendment=358
XXVIII. Protecting Individual Liberty=361
Reproductive Rights=361
Public Funding for Abortion=365
Attempts to Circumvent Roe=368
Roe v. Wade Modified=369
Partial-Birth Abortions=372
The Right to Die=373
Assisted Suicide=374
Medical Use of Marijuana=376
Gay and Lesbian Rights=377
XXIX. Criminal Due Process after Warren=385
Search and Seizure Standards Relaxed=386
The Good Faith Exception to Illegal Searches=388
Restricting the Exclusionary Rule=389
Electronic Surveillance and the Fourth Amendment=390
Miranda Rights Restricted=391
Public Safety Exception to Miranda=394
Congress and Miranda=395
Sixth Amendment Rights Restricted=396
Jury Trial Modifications=397
Split Jury Verdicts=400
Findings of Fact Only for Jury Determination=402
The Right of Confrontation Modified=403
XXX. Civilizing the Death Penalty=407
The Proportionality Doctrine=408
Litigating the Death Penalty=410
Proportionality and the Death Penalty=414
Juveniles and the Death Penalty=415
Capital Punishment and Race=415
Habeas Corpus and the Death Penalty=416
Death Sentences and the Sixth Amendment=417
Narrowing the Death Penalty=417
Execution of Juveniles Ends=419
Second Thoughts about the Death Penalty=420
XXXI. Politics and the Constitution=423
Politics and the Court=426
The Bork Nomination=427
Bush's Court Appointments=431
Clinton's Appointees=432
The Clinton Impeachment=432
Bush v. Gore=434
Article V Conventions=436
Spirits of Amendments Past=437
XXXII. The New Millennium=439
The Erosion of Federalism=439
The Bill of Rights Today=443
The Second Amendment=444
The Individual Right Theory=444
The Collective Right Theory=444
The Supreme Court and the Second Amendment=445
Federal Firearms Regulation=446
Politics and the Second Amendment=447
Other Unincorporated Guarantees=450
The War on Terror=452
XXXIII. The Roberts Court=459
School Desegregation=461
Criminal Due Process=461
Tracking Devices and the Fourth Amendment=462
Partial-Birth Abortion=464
Obama's Court Appointments=465
Juveniles and the Eighth Amendment=466
Illegal Immigration and the States=467
First Amendment Rights=468
The Affordable Care Act=471
Voting Rights=474
Marriage Equality and the Court=474
Recommended Reading=479
Appendices
I. Glossary of Legal Terms=505
II. Declaration of Independence=509
III. Articles of Confederation=515
IV. The Constitution of the United States=523
V. Justices of the United States Supreme Court=541
Table of Cases=545
Index=559
XIV.1. The Supreme Court of the United States c. 1889. Back Row, L. to R. : Rufus Peckham, George Shiras, Edward D. White, Joseph McKenna. Front Row, L. to R. : David Brewer, John Marshall Harlan, Melvin Fuller, Horace Gray, Henry Billings Brown. Library of Congress, Prints and Photographs Division, [LC-USZ62-56711]=6
XIV.2. Two girls wear sashes protesting child labor, one in English and the other in Yiddish. New York City, where this photo was taken (probably on Labor Day, May 1, 1909), was home to many immigrants who worked in garment factories notorious for the use of child labor. Library of Congress, Prints and Photographs Division, [LC-DIG-ppmsca-06591]=11
XIV.3. Portrait of Theodore Roosevelt (c. 1901). Library of Congress, Prints and Photographs Division, [LC-USZ62-38468]=14
XIV.4. Political Cartoon titled Lawyers at Least Have Plenty to Be Thankful For (November 19, 1913). Lawyers swarm a turkey marked "Income Tax Litigation," cutting away slices for themselves. Library of Congress, Prints and Photographs Division, [LC-DIG-ppmsca-28000]=23
XIV.5. Members of the Anti-Saloon League pose for a photo in Washington, D.C. (December 8, 1921). The League was effective in lobbying for prohibition. A flag bearing the number 18, in celebration of the Eighteenth Amendment, hangs behind them. Library of Congress, Prints and Photographs Division=26
XIV.6. Photo of suffragist Florence Jaffray "Daisy" Harriman holding a banner reading, "'Failure Is Impossible'―Susan B. Anthony―Votes for Women" (c. 1910-15). Harriman was a social reformer, an advocate for women's rights, and, later in her career, U.S. Minister to Norway during WWII. Library of Congress, Prints and Photographs Division, [LC-DIG-ggbain-12783]=28
XIV.7. Portrait of Emilio Aguinaldo, who led the Philippine resistance to the American occupation. Library of Congress, Prints and Photographs Division, [LC-USZ62-44759]=34
XV.1. Print of the devil seated beside Kaiser Wilhelm II, who bears a bloody sword (c. 1918). The text reads, "Chums―When I really began to admire you, my friend, was when you pulled that Lusitania job : When you did that, I said to myself―'There's a man after my own heart!'" Library of Congress, Prints and Photographs Division, [LC-USZC4-7819]=41
XV.2. U.S. Food Administration sign (c. 1917). The text reads, "Food will win the war―We observe Meatless days―Wheatless days―Porkless days―and carry out all conservation rules of the U.S. Food Administration." Library of Congress, Prints and Photographs Division, [LC-USZC4-10655]=44
XV.3. George Creel on the Steps of the White House. Library of Congress, Prints and Photographs Division, [LC-USZ62-63878]=46
XV.4. Portrait of John Hessin Clarke. Library of Congress, Prints and Photographs Division=53
XV.5. Portrait of Oliver Wendell Holmes. Library of Congress, Prints and Photographs Division, [LC-USZ62-61582]=54
XV.6. Political cartoon titled The Gathering Storm (1919). Senator Henry Cabot Lodge stands atop the U.S. Capitol, looking at gathering storm clouds labeled "Public Demand for Ratification." Library of Congress, Prints and Photographs Division, [LC-USZ62-39146]=57
XVI.1. Photo of Harding Cabinet Outside White House. Back row, L. to R. : Secretary of Agriculture Henry Cantwell Wallace, Secretary of Interior Albert Fall, Postmaster General William Harrison Hays, Sr. Front row, L. to R. : Secretary of War John Wingate Weeks, Secretary of Treasury Andrew Mellon, Secretary of State Charles Evans Hughes, President Warren G. Harding, Vice President Calvin Coolidge, Secretary of Navy Edwin Denby. Library of Congress, Prints and Photographs Division, [LC-DIG-npcc-03675]=62
XVI.2. Photo of Elizabeth Thompson, a member of the anti-prohibition group, The Crusaders, putting a "Repeal the 18th Amendment" tire cover on her car (December 16, 1930). Library of Congress, Prints and Photographs Division, [LC-DIG-ds-0014]=66
XVI.3. Portrait of Harlan F. Stone (1929). Library of Congress, Prints and Photographs Division, [LC-USZ62-38306]=68
XVI.4. Supreme Court of the United States, Washington, D.C. North Wind Picture Archive via AP Images=70
XVI.5. Photo of Carrie Buck with her mother Emma. Both women were committed to the Virginia Colony for Epileptics and Feebleminded, along with Carrie's infant child, on the ground that they were "mentally defective" and "moral delinquents." Arthur Estabrook Papers, Special Collections & Archives, University at Albany, SUNY=77
XVI.6. Portrait of Louis D. Brandeis. Library of Congress, Prints and Photographs Division, [LC-DIG-hec-16557]=85
XVI.7. Portrait of Charles Evans Hughes. Collection of the Supreme Court of the United States=90
XVI.8. Portrait of Pierce Butler. Library of Congress, Prints and Photographs Division, [LC-USZ62-45773]=91
XVII.1. Franklin Delano Roosevelt and Herbert Hoover travel to U.S. Capitol for Roosevelt's inauguration (March 4, 1933). Library of Congress, Prints and Photographs Division, [LC-DIG-ppmsca-19179]=97
XVII.2. President Franklin D. Roosevelt, surrounded by members of Congress, signs the Tennessee Valley Authority Act (May 18, 1933). AP Photo=100
XVII.3. Works Progress Administration poster (1937). The text reads, "Free neighborhood classes for adults―Enroll now : Classes in reading-writing-arithmetic-also art-music-psychology-language-social studies. The Adult Education Program of the Chicago Board of Education with the Cooperation of the WPA." Library of Congress, Prints and Photographs Division, [LC-USZC2-5182]=103
XVII.4. Political cartoon bearing the caption, "Yes, business is much greater than before March 1933!" A flurry of documents reading, "New Deal Measures," cover the steps of the Supreme Court. Library of Congress, Prints and Photographs Division, [LC-USZ62-127169]=106
XVII.5. Chairman of the Senate Judiciary Committee Henry F. Ashurst (left) greets Senator Edward R. Burke (right) to a special meeting of the Committee (July 22, 1937). Ashurst was a strong supporter of President Roosevelt's Court Reorganization Bill ; Burke led the opposition. Library of Congress, Prints and Photographs Division, [LC-DIG-hec-23069]=117
XVII.6. Political cartoon of President Roosevelt telling Uncle Sam, "Yes, you gave me authority to pick my kind of umpire last November!" (June 9, 1937). Library of Congress, Prints and Photographs Division, [LC-USZ62-26395]=121
XVIII.1. Engineers prepare for national radio broadcast by Hugo Black (October 1, 1937). Black would address the American people about charges that he was a member of the Ku Klux Klan. Library of Congress, Prints and Photographs Division, [LC-DIG-hec-28999]=126
XVIII.2. The Supreme Court of the United States c. 1939. Back row, L. to R. : Felix Frankfurter, Hugo Black, Stanley Reed, William O. Douglas. Front row : L. to R. : Harlan F. Stone, James C. McReynolds, Charles Evans Hughes, Pierce Butler, Owen J. Roberts. Library of Congress, Prints and Photographs Division, [LC-USZ62-80625]=128
XVIII.3. Photograph of Roscoe Filburn, the Ohio farmer at the center of Wickard. v. Filburn. Collection of Mary Lou Spurgeon=131
XVIII.4. Portrait of Stanley F. Reed. Collection of the Supreme Court of the United States=139
XVIII.5. Portrait of Hugo Black. Library of Congress, Prints and Photographs Division, [LC-USZ62-95031]=140
XVIII.6. Portrait of Harlan Stone. Library of Congress, Prints and Photographs Division, [LC-DIG-hec-20966]=143
XVIII.7. Handwritten letter from ten-year-old Billy Gobitas to school directors, Minersville, Pennsylvania (November 5, 1935). In this letter, Billy Gobitas writes, "I do not salute the flag not because I do not love my country but I love my country and I love God more and I must obey His commandments." Library of Congress, Manuscript Division, William Gobitas Papers=148
XVIII.8. NAACP membership drive poster showing man bearing a torch (c. 1949). The text reads, in part, "Join! Give! Nationwide Membership Drive. 1909. 1949." Library of Congress, Prints and Photographs Division, [LC-USZ62-84491]=154
XIX.1. Aerial photograph of attack on Pearl Harbor taken by a Japanese pilot (December 7, 1941). A Japanese airplane appears in the lower right corner of the image. Library of Congress, Prints and Photographs Division, [LC-USZ62-129812]=162
XIX.2. WWII poster reading, "United we are strong, united we will win" (1943). Each cannon bears the flag of an allied nation. Library of Congress, Prints and Photographs Division, [LC-USZC4-12529]=164
XIX.3. Children stand outside an assembly center in Pinedale, California, awaiting transfer (1942). Library of Congress, Prints and Photographs Division, [LC-USZ6-1651]=165
XIX.4. The Korematsu family stands in a greenhouse at the Stonehurst Flower Nursery, which they owned, in East Oakland, California (1939). Fred Korematsu (center left) stands in front of his parents, Kakusaburo and Katsui, and across from his brothers, Junichi, Takashi, and Hiroshi. National Portrait Gallery, Smithsonian Institution/Art Resource, NY=167
XIX.5. Composite photograph of the Nazi saboteurs titled, "Six of these executed as two are spared" (August 8, 1942). Top, L. to R. : Herman Neubauer, Henry Harm Heinck, Werner Thiel, Edward John Kerlings. Bottom, L. to R. : Richard Quirin, Herbert Hans Haupt, George Dasch, Ernest Peter Burger. Library of Congress, Prints and Photographs Division, [LC-USZ62-132626]=172
XIX.6. General Tomoyuki Yamashita on trial in Manila (October 29, 1945). National Archives and Records Administration=174
XIX.7. Photograph of Robert Jackson (June 10, 1946). Library of Congress, Prints and Photographs Division, [LC-USZ62-135297]=178
XIX.8. Portrait of Frank Murphy. Library of Congress, Prints and Photographs Division=179
XX.1. Portrait of Harry S. Truman (c. 1945). U.S. Army Signal Corps, Courtesy of the Harry S. Truman Library=184
XX.2. The House Un-American Committee swears in a witness during hearings on the infiltration of the motion picture industry by communists (October 21, 1947). Library of Congress, Prints and Photographs Division=189
XX.3. Joseph McCarthy (r.) confers with Roy M. Cohn, Chief Counsel to McCarthy's Investigations Subcommittee (1954). Library of Congress, Prints and Photographs Division, [LC-USZ62-137306]=190
XX.4. Portrait of William Henry Hastie. Library of Congress, Prints and Photographs Division, Visual Materials from the NAACP Records, [LC-DIG-ppmsca-05515]=193
XX.5. Supreme Court of the United States c. 1949. Back row (L. to R.) : Tom C. Clark, Robert H. Jackson, Harold H. Burton, Sherman Minton. Front row (L. to R.) : Felix Frankfurter, Hugo Black, Fred M. Vinson, Stanley F. Reed, William O. Douglas. Collection of the Supreme Court of the United States=197
XX.6. Six top-ranking members of the American Communist Party in federal court in New York City (1948). Back row (L. to R.) : John Williamson, Henry Winston, and Jacob Stachel. Front row (L. to R.) : Eugene Dennis, William Z. Foster, Benjamin Davis. Library of Congress, Prints and Photographs Division, [LC-USZ62-111436]=199
XX.7. Thurgood Marshall, Chief Counsel for the NAACP, in front of the Supreme Court (1958). Library of Congress, Prints and Photographs Division, [LC-USZ62-126459]=207
XX.8. Retired professor George W. McLaurin is required to sit in a separate area, apart from white students, during his first class at the University of Oklahoma. The school was compelled to admit him following the Supreme Court's ruling in McLaurin v. Oklahoma State Regents. Library of Congress, Prints and Photographs Division, [LC-USZ62-126449]=211
XX.9. Portrait of Dwight D. Eisenhower. Library of Congress, Prints and Photographs Division, [LC-USZ62-91493]=213
XX.10. Political cartoon satirizing Senator McCarthy's confrontation with the army (May 20, 1954). A man holds a newspaper whose headline reads, "Army v. McCarthy" while a television broadcaster draws down a shade that reads, "This program has been discontinued temporarily while the committee tries to find a way to discontinue it permanently." A 1954 Herblock Cartoon, © The Herb Block Foundation=214
XXI.1. Portrait of Earl Warren (December 4, 1953). Library of Congress, Prints and Photographs Division, [LC-USZ62-134436]=221
XXI.2. Mrs. Nettie Hunt sits on steps of Supreme Court with her daughter Nikie (November 19, 1954). Mrs. Hunt holds a newspaper bearing the headline, "High Court Bans Segregation in Public Schools." Library of Congress, Prints and Photographs Division, [LC-USZ62-127042]=224
XXI.3. African American student Elizabeth Eckford is threatened with lynching by an angry crowd as she attempts to enter Central High School in Little Rock, Arkansas (1957). The Governor of Arkansas had instructed the National Guard to block African American students from school premises. A Guardsman can be seen in the upper left of the photo. Library of Congress, Prints and Photographs Division, [LC-USZ62-126826]=225
XXI.4. Robert W. Toth is welcomed back to the United States after his victory in United States ex rel. Toth v. Quarles. AP Photo/Charles Gorry=234
XXI.5. Tom Clark (l.) with William Brennan. Collection of the Supreme Court of the United States=238
XXI.6. Clarence Brandenburg (l.), an officer in the Ku Klux Klan, and Richard Hanna, a member of the American Nazi Party, pose for a photograph (August 8, 1964). AP Photo=240
XXII.1. President Lyndon B. Johnson laughs with Abe Fortas (July 29, 1965). Lyndon Baines Johnson Presidential Library=244
XXII.2. Thurgood Marshall is joined by his wife Cecilia and his sons Thurgood, Jr. and John on his first day as a justice of the Supreme Court (October 2, 1967). AP Photo/Henry Griffin=245
XXII.3. Portrait of Arthur Goldberg. Collection of the Supreme Court of the United States=247
XXII.4. Portrait of Byron White. Collection of the Supreme Court of the United States=247
XXII.5. Following the example of students from North Carolina Central Agriculture and Technical State University, students in Oklahoma City engage in a sit-in at a segregated lunch counter (1958). Denied service, they quietly study instead. Sit-ins became a powerful method of peaceful protest during the civil rights movement. Library of Congress, Manuscript Division, NAACP Records, [Digital ID # na0117p1]=249
XXII.6. Mildred and Richard Loving (June 12, 1967). Copyright Bettmann/Corbis/AP Images=251
XXII.7. President Johnson shakes hands with the Reverend Martin Luther King upon signing the Civil Rights Act into law (July 2, 1964). Library of Congress, Prints and Photographs Division, [LC-USZ62-135798]=254
XXIII.1. Portrait of Justice William J. Brennan in his chambers. AP Photo=264
XXIII.2. Portrait of Justice Felix Frankfurter at his desk (June 19, 1957). Arnold Newman/Getty Images=264
XXIII.3. Two photographs relating to Supreme Court church and state cases (June 17, 1963). Upper image : Madalyn E. Murray with her sons William and Garth. Lower image : Mr. and Mrs. Edward L. Schempp with their children. Library of Congress, Prints and Photographs Division, [LC-USZ62-122623]=268
XXIII.4. Photograph of Tom C. Clark. Published with the permission of the Tarlton Law Library, Jamail Center for Legal Research, University of Texas School of Law=269
XXIII.5. Photograph of Potter Stewart. Library of Congress, Prints and Photographs Division=270
XXIII.6. Advertisement titled, Heed Their Rising Voices, by the Committee to Defend Martin Luther King and the Struggle for Freedom in the South (March 29, 1960). It reads, in part : "Decent-minded Americans cannot help but applaud the creative daring of the students and the quiet heroism of Dr. King. But this is one of those moments in the stormy history of Freedom when men and women of good will must do more than applaud the rising-to-glory of others. The America whose good name hangs in the balance before a watchful world, the America whose heritage of Liberty these Southern Upholders of the Constitution are defending, is our America as well as theirs....We must heed their rising voices―yes―but we must add our own. We must extend ourselves above and beyond moral support and render the material help so urgently needed by those who are taking the risks, facing jail, and even death in a glorious re-affirmation of our Constitution and its Bill of Rights." Library of Congress, Prints and Photographs Division=274
XXIII.7. Estelle Griswold, the Executive Director of the Planned Parenthood League in New Haven, Connecticut, stands on the steps of the office, which is closed pending the decision of the Supreme Court in Griswold v. Connecticut (April 1, 1963). Lee Lockwood/Getty Images=279
XXIV.1. Police photograph of Dollree Mapp (May 27, 1957). AP Photo=286
XXIV.2. A Louisiana prison attendant checks the portable electric chair in which the state will attempt to execute Willie Francis for the second time (May 9, 1947). AP Photo/Bill Allen=288
XXIV.3. Handwritten petition by Clarence Gideon to the Chief Justice of the United States (1963). The petition begins, "Comes now the petitioner, Clarence Earl Gideon, a citizen of the United States of America, in proper person, and appearing as his own counsel, who petitions this Honorable Court for a Writ of Certiorari directed to the Supreme Court of the State of Florida." MPI/Getty Images=290
XXIV.4. Danny Escobedo sits in a Chicago police station, arrested for burglarizing a hot dog stand (November 3, 1966). Escobedo had been released from prison in 1964 after a prior murder conviction was overturned by the Supreme Court in Escobedo v. Illinois. Copyright Bettmann/Corbis/AP Images=293
XXIV.5. Ernesto Miranda (r.) confers with his attorney, John H. Flynn (February 15, 1967). Copyright Bettmann/Corbis/AP Images=295
XXIV.6. Portrait of Earl Warren (1963). National Portrait Gallery, Smithsonian Institution/Art Resource, NY=303
XXV.1. President Richard Nixon stands on the steps of the Supreme Court with newly sworn Chief Justice Warren E. Burger (r.) and retired Chief Justice Earl Warren (l.) (June 23, 1969). Arnold Sachs/Getty Images=306
XXV.2. Poster illustrated by Pablo Picasso for an anti-war protest in Washington, D.C. The poster reads, "march against death : march on Washington, Nov. 13-15, 1969." Library of Congress, Prints and Photographs Division, [LC-USZC4-2839]=309
XXV.3. David O'Brien and his wife Paula hold hands at a press conference at the headquarters of the New England Draft Resistance Group (May 27, 1968). David O'Brien had burned his draft card in violation of federal law. © Bettmann/Corbis=311
XXV.4. Archibald Cox (center) is sworn in as Special Prosecutor for the Watergate investigation (May 25, 1973). Copyright Bettmann/Corbis/AP Images=316
XXV.5. A Sony tape recorder used to tape conversations in the White House is tagged as evidence in the Watergate investigation. National Archives and Records Administration=318
XXVI.1. Portrait of Warren Burger (1971). Library of Congress, Prints and Photographs Division, [LC-USZ62-60136]=322
XXVI.2. Pennsylvania Amish men walk toward the Supreme Court as the Court hears Wisconsin v. Yoder (December 8, 1971). AP Photo/John Duricka=330
XXVI.3. Rival rallies on school vouchers take place outside the Supreme Court as the Court hears Zelman v. Simmons-Harris (February 20, 2002). AP Photo/Rick Browner=338
XXVII.1. Black and white children ride to school together in Charlotte, North Carolina (February 21, 1973). Library of Congress, Prints and Photographs Division, [LC-DIG-ds-00762]=343
XXVII.2. Demonstrators from a group called the Anti-Bakke Decision Coalition march before the federal court house in Foley Square in New York City (June 30, 1978). AP Photo/Dan Goodrich=350
XXVII.3. Air Force Lieutenant Sharron Frontiero with her husband Joseph (January 9, 1971). © Bettmann/Corbis=355
XXVII.4. Representative Martha Griffiths (D-MI) stands before the U.S. Capitol (August 12, 1970). Griffiths filed a discharge petition in 1970 demanding that the ERA be heard by the full House. Library of Congress, Prints and Photographs Division, [LC-U9-23069-20]=358
XXVIII.1. Portrait of Harry Blackmun (January 26, 1976). Library of Congress, Prints and Photographs Division, [LC-USZ62-60137]=363
XXVIII.2. A firefighter walks past a wall bearing the words "Abortion Kills" as a fire guts the Planned Parenthood clinic in St. Paul, Minnesota (February 23, 1977). AP Photo/Jim Mone=364
XXVIII.3. Portrait of Sandra Day O'Connor. Library of Congress, Prints and Photographs Division, [LC-USZ62-86846]=367
XXVIII.4. Portrait of Anthony Kennedy. Collection of the Supreme Court of the United States=381
XXVIII.5. Portrait of Antonin Scalia. Collection of the Supreme Court of the United States=382
XXIX.1. Retired Chief Justice Warren E. Burger administers the oath of office to new Chief Justice William H. Rehnquist at a ceremony in the East Room of the White House (September 26, 1986). Mrs. Natalie Rehnquist holds the Bible as President Ronald Reagan watches from the right. Collection of the Supreme Court of the United States=386
XXIX.2. Pursuant to the Sixth Amendment, a county clerk swears in a trial jury (1945). National Archives and Records Administration=399
XXX.1. Engraving of the execution of the regicides (1660). The condemned are subjected to gruesome punishments. In the foreground, a man hangs from the gallows while another is drawn and quartered beside a fire. A crowd watches the spectacle unfold. © Trustees of the British Museum=408
XXX.2. Instructions titled "Drugs and Sequence for Execution by Lethal Injection" are posted on the wall of the equipment room next to the death chamber at Southern Ohio Corrections Facility (November 2005). AP Photo=421
XXXI.1. Inauguration of Ronald Reagan in front of the U.S. Capitol (January 20, 1981). Library of Congress, Prints and Photographs Division, [LC-USZC4-7733]=425
XXXI.2. Drawing of members of the Supreme Court in chamber (October 6, 1986). L. to R. : Sandra Day O'Connor, Lewis Powell, Thurgood Marshall, William Brennan, William Rehnquist, Byron White, Harry Blackmun, John Paul Stevens, and Antonin Scalia. Marilyn Church, Library of Congress, Prints & Photographs Division, [LC-DIG-ppmsca-31217]=427
XXXI.3. Clarence Thomas appears before the Senate Judiciary Committee (October 11, 1991). Copyright Bettmann/Corbis/AP Images=431
XXXI.4. Television image shows the point at which the House vote reached 218, the simple majority needed to approve the first article of impeachment against President Clinton (December 19, 1998). AP Photo/APTN=434
XXXII.1. Portrait of John Marshall by William James Hubard (c. 1832). National Portrait Gallery, Smithsonian Institution/Art Resource, NY=440
XXXII.2. Dick Heller speaks outside the Supreme Court, after the Supreme Court ruled in his favor in District of Columbia v. Heller (June 26, 2008). AP Photo/Jose Luis Magana=449
XXXII.3. Aerial view of the World Trade Center site after the attack of September 11, 2001 (September 17, 2001). Library of Congress, Prints and Photographs Division [HABS NY-6369-2]=452
XXXIII.1. Portrait of John Roberts. Collection of the Supreme Court of the United States=460
XXXIII.2. Portrait of Ruth Bader Ginsburg. Collection of the Supreme Court of the United States=462
XXXIII.3. Portrait of Sonia Sotomayor. Collection of the Supreme Court of the United States=465
XXXIII.4. Edith Windsor responds to supporters in front of the Supreme Court after oral argument in United States v. Windsor (March 27, 2013). AP Photo/Carolyn Kaster=475
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This, the second of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Progressive Era of the early twentieth century to the most recent decisions of the Supreme Court on contemporary constitutional issues.
Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations.
Authored by two experienced professors in the field, this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works ? avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading.
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This, the second of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Progressive Era of the early twentieth century to the most recent decisions of the Supreme Court on contemporary constitutional issues.
Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations.
Authored by two experienced professors in the field, this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works ? avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading.
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