Description: 22. THE COURT AND CIVIL RIGHTSThe Abandonment of the Freedmen * The Civil Rights Cases * Jim Crow Enthroned * The Treatment of Native Americans * The Chinese Cases * The Insular Cases * The Incorporation Theory * Women and the Law * The Court Draws Limits * The Peonage Cases * A Few Small Steps * Conclusion23. THE CONSTITUTIONAL WORLD OF THE LATE NINETEENTH CENTURYClassical Legal Thought * The Emergence of Substantive Due Process * Due Process Enthroned * Freedom of Contract * The Law Writers * The Importance of Oliver Wendell Holmes, Jr. * The Emergence of the Modem Legal Profession * Conclusion24. THE REGULATION OF COMMERCE, 1877-1914Farmers, Railroads, and Elevators * Munn v. Illinois * Removal to Federal Courts * The Interstate Commerce Commission * The Courts and the ICC * Courts and Rate-Making * Congress Strengthens the ICC * The Court Acquiesces * The Growth of Monopolies * The Sherman Act * The Knight Case * The CourtChanges Its Mind * The Northern Securities Case * The Rule of Reason * The Income Tax * Conclusion25. PROTECTIVE LEGISLATION AND THE POLICE POWERThe Progressive Agenda * Conservative Opposition * The Police Power * Child Labor and State Courts * Child Labor in the Supreme Court * Hours for Women Workers * A Feminist Critique of Muller * Separating Factory from Home * Hours on Public Works * Hours for Men * The Lochner Decision * WageRegulation * Employers'' Liability * Workmen''s Compensation * Federal Employers'' Liability * The Debs Case * The Courts and Labor Unions26. PROGRESSIVISM TRIUMPHANT, 1901-1917Democracy and Efficiency * The Roosevelt Presidency * The Federal Police Power * The Attack on the Courts * Judicial Recall * State Courts and the Constitution * The Taft Record * Reforming the House * Woodrow Wilson''s Views on the Presidency * Tariffs and Taxes * Banking Reform * AntitrustLegislation * Completing the Reform Agenda * Race and the Progressive Era The Court Draws Limits * A Few Small Steps * Conclusion27. CONSTITUTIONAL PROBLEMS DURING WORLD WAR IPreparedness * Control of the Railroads * The Draft Cases * The Lever Act * Rent Control * The Overman Act * Prohibition * Women''s Suffrage * Wilson and Foreign Policy * The Treaty of Versailles * An Incapacitated President * Free Speech in Wartime * The Speech Tradition Before Schenck * Clear andPresent Danger * The Beginnings of the Free Speech Tradition * The American Civil Liberties Union * The Red Scare28. "THE BUSINESS OF AMERICA IS BUSINESS!"The Taft Court Forms * William Howard Taft as Chief Justice * Crippling the Regulatory Agencies * Maintaining the National Power * Federal Grants-in-Aid * Utilities Regulation * Labor and the Taft Court * The Adkiru Case * The Fate of Reform Legislation * Euclid v. Ambler Realty * Conclusion29. A TANGLED SKEIN OF LIBERTIESThe Reform Remnant * Legal Realism * Realism and Reform on the Bench *Political Fundamentalism * The Nationalization of Standards * The "Incorporation" of Free Speech * Whitney v. California * Criminal Justice * Wire Tapping and Privacy * Lynch Law * Race and Alienage * Incorporating Freedom of thePress30. THE DEPRESSION, THE NEW DEAL, AND THE COURTThe Depression and the Need for Action * The Hughes Court * State Legislation Before the Court * A Change in Philosophy * The New Deal Begins * Agricultural Reform * Inflation and Relief Measures * Reviving the Economy * Constitutional Considerations and Problems * The New Deal in Court * BlackMonday * The Court and the Agricultural Adjustment Act * The Carter Coal Case * Conclusion: The Court Versus the New Deal31. CRISIS AND RESOLUTIONThe Second Hundred Days * The Rooseve1t Court Plan * The "Switch in Time" * An Alternative View * Roosevelt Reshapes the Court * The Failure of Reorganization * A National Labor Policy * The Commerce Power and Agriculture * The Reach of the Commerce Power * The Demise of "Old Swifty" * The Court andState Powers * Conclusion: The Crisis Survived32. CIVIL LIBERTIES AND THE ROOSEVELT COURTRights of Labor * The Bar, the Justice Department and Civil Liberties * Cardozo and Selective Incorporation * Black and Total Incorporation * Frankfurter and the Limits of Restraint * Labor and the First Amendment * Religion * The Flag Salute Cases * Civil Liberties in Wartime * Treason andEspionage33. WORLD WAR IINeutrality Legislation * The Ludlow Amendment * Internal Security * Executive Agreements * Presidential Power * Organizing for War * The Court and Wartime Regulations * Anti-Japanese Sentiment * Japanese Relocation * The Relocation Cases * Milligan Redux * The Judgment of History * The War CrimesTrials * The United Nations34. FAIR DEAL AND COLD WARConservative Reaction * The Taft-Hartley Law * Government Loyalty Programs * Smith Act Prosecutions * Dennis v. United States * Justice Harlan''s Solution * The McCarran Act * McCarthyism * The North Atlantic Treaty Organization * The Bricker Amendment * The Korean Police Action * Civilian Control ofthe Military * The Steel Seizure Case35. THE STRUGGLE FOR CIVIL RIGHTSTruman and the First Steps * The NAACP Intensifies Its Efforts The Vinson Court and Civil Rights * Enter Earl Warren * The Five School Cases * Brown v. Board of Education * The Reaction to Brown * Implementation * "All Deliberate Speed" * Eisenhower and Little Rock36. "WE SHALL OVERCOME!"The Civil Rights Movement Begins * Early Civil Rights Legislation * The Kennedy Commitment * "The Schoolhouse Door" * The 1964 Civil Rights Act * The Court Loses Patience * Attacking Segregation Everywhere * State Action and Racial Classification * Civil Rights and the First Amendment * The Sit-InCases * The Court and the 1964 Civil Rights Act * Voting Rights * The 1965 Voting Rights Act * South Carolina v. Katzenbach * New Uses for Old Laws * What Has Been Accomplished * Conclusion: An Unfinished Agenda37. THE WARREN COURT AND THE BILL OF RIGHTSThe First Amendment * The Overbreadth Doctrine * Symbolic Speech * Libel and the First Amendment * Obscenity * The Religion Clauses * Prayer, Bible Reading, and Evolution * Aid to Schools * Search and Seizure * Self-Incrimination * The Right to Counsel * The Right to Privacy * Conclusion: JudicialActivism and Civil Liberties38. A NATION IN TURMOILInternal Security * The Decline of HUAC * Reapportionment * Opposition to the Apportionment Rulings * The Great Society * Johnson and Presidential Prerogatives * Vietnam and the Tonkin Gulf Resolution * War Issues and the Court * Impatience over Civil Rights * Criminal Law * The Commission on LawEnforcement * The Omnibus Crime Control Act * The Fortas Affair * Warren''s Final Term * Conclusion39. RICHARD NIXON AND THE CORRUPTION OF POWERA Moderate Start * Powers of the Commander-in-Chief * The Cambodian Rider * The War Powers Act of 1973 * Expansion of Domestic Powers * The Pocket Veto * Budgets and Impoundments * The Congressional Budget Act * Watergate * Executive Privilege * Spiro Agnew Departs * United States v. Nixon *Resignation * The Lessons of Watergate * The "Plebiscitary Presidency"40. THE BURGER COURT AND EQUAL PROTECTIONThe Burger Court Forms * Continuing Desegregation * Busing * Desegregation in the North * Bakke and Affirmative Action * Gender Discrimination * The Equal Rights Amendment * Poverty and Disability * The Abortion Decisions * Post-Roe Decisions41. THE BURGER COURT AND CIVIL LIBERTIESObscenity * Commercial Speech Campaign Funds as Political Speech Freedom of the Press * A Right of Access * Reporter''s Privilege * Church and State * The Drive to Reinstate School Prayer * Free Exercise of Religion * Rights of the Accused: Search and Seizure * The Exclusionary Rule * MirandaWarnings * The Death Penalty * Conclusion42. THE REHNQUIST COURT: EQUAL PROTECTION AND INDIVIDUAL AUTONOMYThe Rehnquist Court Forms * Civil tights * Affirmative Action * Race-Conscious Districting * The Civil Rights Act of 1991 * Gender Discrimination * Sexual Harassment * Abortion * The Right to Die * Conclusion43. THE REHNQUIST COURT, FEDERALISM, AND CIVIL LIBERTIESFederalism * The First Amendment * Speech "Plus" * Flag Burning * Free Exercise of Religion * The Religious Freedom Restoration Act * Church and State * Rights of the Accused * Conclusion44. CONSTITUTIONAL ISSUES AT THE END OF THE TWENTIETH CENTURYCongress and Foreign Policy * The Courts and Foreign Policy * The Legislative Veto Control of the Budget * The Twenty-seventh Amendment * Term Limits * Iran-Contra * The Bork Nomination * The Thomas Nomination * The Line Item Veto * The Role of the Independent Counsel * Clinton''s Impeachment * TheElection of 2000 * ConclusionAPPENDIXESTHE DECLARATION OF INDEPENDENCECONSTITUTION OF THE UNITED STATESJUSTICES OF THE U.S. SUPREME COURTCase IndexSubject IndexEach chapter ends with a "For Further Reading" section

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