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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

Figures and Acknowledgments

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.

 

Useful features include:

  • Full glossary of legal terminology
  • Recommended reading
  • A table of cases
  • Extracts from primary documents
  • Companion website

 

Useful documents provided:

  • Declaration of Independence
  • Articles of Confederation
  • Constitution of the United States of America
  • Chronological list of Supreme Court justices


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.