영문목차

Preface=ⅸ

Introduction=xi

Governmental Powers and Structure=1

1. Presidential Power=3

Has the administration overstepped its authority in the war on terrorism?=6

Did Congress give the president too much leeway by authorizing the use of force against Iraq?=8

Background=10

'Imperial Presidency'=10

Jackson's Model=13

Congress Pushes Back=14

Current Situation=15

Homeland Security=15

Election Politics=16

Other Bush Moves=18

Outlook:Anti-terror 'Proxy'=19

Notes=20

Bibliography=21

2. Campaign Finance Showdown=23

Is the ban on political parties use of unregulated "soft money" constitutional?=25

Are the restrictions on broadcast advertising at election time by corporations, labor unions and nonprofit groups constitutional?=27

Are the increased contribution limits tot candidates facing wealthy, Self-financed candidates constitutional?=28

Background=29

Laws and 'Loopholes'=29

Growing Gaps=30

Pushing Reform=32

Current Situation=34

Regulatory Skirmishes=34

Legal Arguments=36

Outlook:Weighing the Stakes=38

Notes=39

Bibliography=41

3. Judges and Politics=43

Is President Bush politicizing the selection of federal judges?=45

Are Senate Democrats politicizing the confirmation process for federal judges?=47

Should bipartisan procedures be adopted to select federal judges?=49

Background=50

Advise and Consent=5O

Divided Government=54

Bush's judges=54

Current Situation=55

Political Maneuvers=55

Legal Stakes=58

Outlook:Retirement Watch=59

Notes=60

Bibliography=61

4. Redistricting Disputes=63

Should states redraw congressional district lines in the middle of a decade?=66

Should courts limit partisan gerrymandering?=69

Should stares use nonpartisan or bipartisan bodies to oversee redistricting?=70

Background=70

Political Conflicts=70

Court Battles=74

Building Blocs=75

Escalating Warfare=76

Current Situation=77

Designing Districts=77

Taking Seconds=78

Outlook:Winners Take All?=80

Notes=81

Bibliography=83

Security=85

5. Civil Liberties Debates=87

Are parts of the Patriot Act unconstitutional?=89

Should Congress give the government additional powers in anti-terrorism cases?=91

Is the administration misusing the power to detain "enemy combatants"?=92

Background=93

Wartime Fears=93

Cold War Scares=94

Terror Attacks=96

Current Situation=98

Legal Challenges=98

Political Debates=100

Outlook:Liberty and Security?=102

Notes=103

Bibliography=105

6. Rethinking the Death Penalty=107

Is public support for the death penalty declining?=111

Is capital punishment administered fairly?=112

Is it "cruel and unusual" punishment to execute mentally retarded criminals?=114

Background=114

Death Penalty Debates=114

Death Penalty Restored=117

The Innocence Issue=119

Current Situation=119

Action in the States=119

Signals From the Court?=120

Outlook:Mixed Feelings?=122

Notes=123

Bibliography=125

7. Three-Strikes Laws=127

Is California's three-strikes law working?=128

Are mandatory-sentencing policies fair and effective?=130

Background=132

Colonial Severity=132

Swinging Pendulum=132

Sentencing Reform=133

Current Situation=134

Supreme Court=134

Efforts in Other States=134

Outlook:Politics and Money=136

Notes=136

Bibliography=137

Liberty=139

8. Abortion Debates=141

Should Roe v. Wade be overturned?=143

Should Congress ban so-called "partial-birth" abortions?=144

Should Congress and the states enact additional restrictions on abortion?=147

Background=148

Road to Roe=148

From Roe to Casey=150

Abortion-Rights Gains=151

Anti Abortion Advances=152

Current Situation=153

'Abortion-Pill' Controversy=153

Legislative Battles=154

Outlook:Unabated Conflict=157

Notes=157

Bibliography=159

9. Privacy Under Attack=161

Are tighter controls needed on companies that collect data from consumers?=163

Is medical data kept private between patient and doctor?=165

Is enough being done to protect personal privacy on the Internet?=168

Background=170

A New Concept=170

Privacy Act=173

Current Situation=173

Action in Congress=173

Privacy Commission=174

Outlook:Signs of Hope?=177

Notes=177

Bibliography=179

10. Libraries and the Internet=181

Can filtering protect children from objectionable materials on the Internet?=183

Can other policies protect children from objectionable Internet materials?=184

Is it constitutional to require libraries to install filtering?=185

Background=188

Library Rights=188

Freedom to Read=190

Cyberspace Battles=192

Current Situation=193

Filtering Practices=193

Legal Issues=194

Outlook:Access Issues=196

Notes=197

Bibliography=199

11. School Vouchers Showdown=201

Do school voucher plans improve students' educational performance?=202

Do voucher plans hurt public schools?=203

Do school voucher plans unconstitutionally subsidize religious schools?=205

Background=206

Common Schools=206

School Choice=207

Voucher Experiments=208

Current Situation=211

Monitoring Programs=211

Aiding Religion?=214

Outlook:Waiting for the Court=216

Notes=217

Bibliography=219

12. Faith-Based Initiatives=221

Can religious groups provide social services more effectively than government agencies and secular groups?=223

Does government funding for religious groups violate the separation between church and state required by the Constitution?=227

Should faith-based groups be allowed to practice religious discrimination in hiring=228

Background=230

Fighting Poverty=230

Church and State=232

Supreme Court Rulings=232

Charitable Choice=232

Current Situation=234

Legal Challenges?=234

The Bush Initiative=236

Outlook:Falling Wall?=237

Notes=237

Bibliography=239

Equality=241

13. School Desegregation=243

Is racial imbalance in schools increasing due to court actions?=245

Do minorities suffer educationally because of racial isolation?=248

Would "school choice" policies help reduce the racial gap in educational achievement for African-Americans and Latinos?=249

Background=250

Long, Hard Road=250

Bumps in the Road=254

Reversing Directions?=256

Current Situation=257

Race-Counting=257

Race-Mixing?=261

Outlook:Mixed Records=261

Notes=262

Bibliography=264

14. Affirmative Action=265

Should colleges use race-based admissions policies to remedy discrimination against minorities?=267

Should colleges use race-based admissions policies to promote diversity in their student populations?=268

Should colleges adopt other policies to try to increase minority enrollment?=269

Background=271

Unequal Opportunity=271

Affirmative Action=272

Negative Reaction=274

Legal Battles=275

Current Situation=278

Split Decisions?=278

Outlook:Reform or Status Quo?=280

Notes=280

Bibliography=282

15. Race in America=283

Is discrimination still a problem in the United States?=285

Are blacks still economically disadvantaged due to racism?=288

Is the criminal justice system racially biased?=290

Background=292

Road to Emancipation=292

Rise of 'Jim Crow'=294

Civil-Rights Era=296

A Dream Deferred?=297

Persistent Poverty=297

Current Situation=299

Affirmative-Action Ruling=299

Bush Administration=304

Action in the States=305

Outlook:Lingering Problems?=305

Notes=306

Bibliography=308

16. Single-Sex Education=309

Does single-sex education enhance learning?=311

Do single-sex schools reinforce gender stereotypes?=313

Do single-sex schools help or hurt the goal of gender equity?=313

Background=316

'Tide of Coeducation'=316

Gender Equity=316

Single-Sex Revival=319

Current Situation=322

Starting New Schools=322

Revising Federal Rules?=322

Outlook:A New Era?=325

Notes=325

Bibliography=327

17. Gay Marriage=329

Would recognizing same-sex unions benefit gay men and lesbians?=332

Would recognizing same-sex unions hurt heterosexual marriage?=334

Are children helped or hurt by being raised in homosexual households?=335

Background=336

'More Than Brothers'=336

Coming Out=340

Defending Marriage=341

'Marriage Equality'=343

Current Situation=344

Making Commitments=344

Debating Marriage=347

Outlook:Brave New World?=348

Notes=349

Bibliography=351

Appendix:Constitution of the United States=353

Index=361