A March of Liberty A Constitutional History of the United States, Volume 2, From 1898 to the Present
by Urofsky, Melvin; Finkelman, PaulEdition: 3rd
Format: Paperback
Pub. Date: 2011-03-23
Publisher(s): Oxford University Press
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Summary
A March of Liberty: A Constitutional History of the United States is a clearly written, comprehensive overview of American constitutional development. Covering the country's history from the founding of the English colonies up through the latest decisions of the Supreme Court, this two-volume work presents the most complete discussion of American constitutional history currently available. Authors Melvin I. Urofsky and Paul Finkelman successfully blend cases and court doctrines into the larger fabric of American political, economic, and social history. They discuss in detail the great cases handed down by the Supreme Court, showing how these cases played out in society and how constitutional growth parallels changes in American culture. In addition, they examine lesser-known decisions that played important roles in affecting change, and also provide in-depth analyses of the intellects and personalities of the Supreme Court justices who made these influential decisions. Updated with the most recent scholarship, the third edition of A March of Liberty offers more cases on a broader range of issues including the environment, labor, civil rights, and Native American concerns. It now presents new selections on decisions, statutes, and constitutional developments from the first decade of the 21st century--like the USA PATRIOT Act, presidential signing statements, same-sex marriage, reproductive rights, campaign financing, and firearms regulation. The text reflects the current trends in American constitutional history by employing a holistic approach that integrates the decisions of the state and lower federal courts with the decisions of the Supreme Court. A March of Liberty , Third Edition, features useful supplemental materials including the text of the Constitution, a chronological list of Supreme Court justices, an appendix of the names and years for each Supreme Court justice, and suggested further readings. Gracefully written and clearly explained, this popular two-volume set is indispensable for courses in American constitutional history and law.
Author Biography
Melvin Urofsky is Emeritus Professor of History and Public Policy at Virginia Commonwealth University. He is the co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, Second Edition (OUP, 2001).
Paul Finkelman is President William McKinley Distinguished Professor of Law and Public Policy at Albany Law School. He is the co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, Second Edition (OUP, 2001), and American Legal History, Third Edition (OUP, 2004).
Paul Finkelman is President William McKinley Distinguished Professor of Law and Public Policy at Albany Law School. He is the co-author of Documents of American Constitutional and Legal History, Volumes 1 & 2, Second Edition (OUP, 2001), and American Legal History, Third Edition (OUP, 2004).
Table of Contents
24. A New Era
The Insular Cases
The Incorporation Theory
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 Court Changes Its Mind
The Northern Securities Case
The Rule of Reason
The Income Tax
Conclusion
For Further Reading
25. Protective Legislation and the Police Power
The 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
Wage Regulation
Employers' Liability
Workmen's Compensation
Federal Employers' Liability
The Debs Case
The Courts and Labor Unions
For Further Reading
26. Progressivism Triumphant, 1901-1917
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
Antitrust Legislation
Completing the Reform Agenda
Race and the Progressive Era
The Court Draws Limits
A Few Small Steps
Conclusion
For Further Reading
27. Constitutional Problems During World War I
Preparedness
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 and Present Danger
The Beginnings of the Free Speech Tradition
The American Civil Liberties Union
The Red Scare
For Further Reading
28. “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 Adkins Case
The Fate of Reform Legislation
Euclid v. Ambler Realty
Conclusion
For Further Reading
29. A Tangled Skein of Liberties
The 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
Wiretapping and Privacy
Lynch Law
Race and Alienage
Incorporating Freedom of the Press
For Further Reading
30. The Depression, the New Deal, and the Court
The 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
Black Monday
The Court and the Agricultural Adjustment Act
The Carter Coal Case
Conclusion: The Court Versus the New Deal
For Further Reading
31. Crisis and Resolution
The Second Hundred Days
The Roosevelt Court Plan
The “Switch in Time”
An Alternate 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 and State Powers
Conclusion: The Crisis Survived
For Further Reading
32. Civil Liberties and the Roosevelt Court
Rights 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 and Espionage
For Further Reading
33. World War II
Neutrality 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 Crimes Trials
The United Nations
For Further Reading
34. Fair Deal and Cold War
Conservative 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 of the Military
The Steel Seizure Case
For Further Reading
35. The Struggle for Civil Rights
Truman and the First Steps
The NAACP Intensifies Its Efforts
The Vinson Court and Civil Rights
Enter Earl Warren
Civil Rights and Foreign Affairs
The Five School Cases
Brown v. Board of Education
The Reaction to Brown
Implementation
“All Deliberate Speed”
Eisenhower and Little Rock
For Further Reading,
36. “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-In Cases
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 Agenda
For Further Reading
37. The Warren Court and the Bill of Rights
The 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: Judicial Activism and Civil Liberties
For Further Reading
38. A Nation in Turmoil
Internal 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 Law Enforcement
The Omnibus Crime Control Act
The Fortas Affair
Warren's Final Term
Conclusion
For Further Reading
39. Richard Nixon and the Corruption of Power
A 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”
For Further Reading
40. The Burger Court and Equal Protection
The 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 Decisions
For Further Reading
41. The Burger Court and Civil Liberties
Obscenity
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
Miranda Warnings
The Death Penalty
Conclusion
For Further Reading
42. The Rehnquist Court: Equal Protection and Individual Autonomy
The Rehnquist Court Forms
Civil Rights
Affirmative Action
The Michigan Cases
Race-Conscious Districting
The Civil Rights Act of 1991
Gender Discrimination
Sexual Harassment
Homosexual Rights
Lawrence v. Texas
Abortion
The Americans with Disabilities Act
The Right to Die
The 2000 Presidential Election
Conclusion
For Further Reading
43. The Rehnquist Court, Federalism, and Civil Liberties
Federalism
Wine, Medical Marijuana, and Pesticides
The First Amendment
Technology and Free Speech
Flag Burning
Campaign Finance Reform
Free Exercise of Religion
The Religious Freedom Restoration Act
Church and State
School Vouchers
School Prayer, The Ten Commandments, and the Pledge
Rights of the Accused
The Death Penalty
Ineffective Counsel
Sentencing Responsibility
Eminent Domain
Conclusion
For Further Reading
44. The War on Terror
The USA PATRIOT Act
Controversy Over the Act
Post-9/11 Round Ups
Guantánamo
Hamdan v. Rumsfeld
Presidential Authority
The State Secrets Privilege
Domestic Surveillance
Extraordinary Rendition and Torture
A New Beginning
For Further Reading
45. The Roberts Court
The Roberts Court Forms
Racial Discrimination
The Ledbetter Decision
Voter ID
Religion
Free Speech
Campaign Finance
Student Rights
Abortion
Criminal Procedure
Miranda Warnings
The Death Penalty
The Second Amendment
Environmental Issues
Preemption
Conclusion
For Further Reading
The Declaration of Independence
Constitution of the United States
Justices of the U.S. Supreme Court
Case Index
Subject Index
The Insular Cases
The Incorporation Theory
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 Court Changes Its Mind
The Northern Securities Case
The Rule of Reason
The Income Tax
Conclusion
For Further Reading
25. Protective Legislation and the Police Power
The 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
Wage Regulation
Employers' Liability
Workmen's Compensation
Federal Employers' Liability
The Debs Case
The Courts and Labor Unions
For Further Reading
26. Progressivism Triumphant, 1901-1917
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
Antitrust Legislation
Completing the Reform Agenda
Race and the Progressive Era
The Court Draws Limits
A Few Small Steps
Conclusion
For Further Reading
27. Constitutional Problems During World War I
Preparedness
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 and Present Danger
The Beginnings of the Free Speech Tradition
The American Civil Liberties Union
The Red Scare
For Further Reading
28. “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 Adkins Case
The Fate of Reform Legislation
Euclid v. Ambler Realty
Conclusion
For Further Reading
29. A Tangled Skein of Liberties
The 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
Wiretapping and Privacy
Lynch Law
Race and Alienage
Incorporating Freedom of the Press
For Further Reading
30. The Depression, the New Deal, and the Court
The 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
Black Monday
The Court and the Agricultural Adjustment Act
The Carter Coal Case
Conclusion: The Court Versus the New Deal
For Further Reading
31. Crisis and Resolution
The Second Hundred Days
The Roosevelt Court Plan
The “Switch in Time”
An Alternate 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 and State Powers
Conclusion: The Crisis Survived
For Further Reading
32. Civil Liberties and the Roosevelt Court
Rights 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 and Espionage
For Further Reading
33. World War II
Neutrality 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 Crimes Trials
The United Nations
For Further Reading
34. Fair Deal and Cold War
Conservative 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 of the Military
The Steel Seizure Case
For Further Reading
35. The Struggle for Civil Rights
Truman and the First Steps
The NAACP Intensifies Its Efforts
The Vinson Court and Civil Rights
Enter Earl Warren
Civil Rights and Foreign Affairs
The Five School Cases
Brown v. Board of Education
The Reaction to Brown
Implementation
“All Deliberate Speed”
Eisenhower and Little Rock
For Further Reading,
36. “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-In Cases
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 Agenda
For Further Reading
37. The Warren Court and the Bill of Rights
The 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: Judicial Activism and Civil Liberties
For Further Reading
38. A Nation in Turmoil
Internal 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 Law Enforcement
The Omnibus Crime Control Act
The Fortas Affair
Warren's Final Term
Conclusion
For Further Reading
39. Richard Nixon and the Corruption of Power
A 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”
For Further Reading
40. The Burger Court and Equal Protection
The 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 Decisions
For Further Reading
41. The Burger Court and Civil Liberties
Obscenity
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
Miranda Warnings
The Death Penalty
Conclusion
For Further Reading
42. The Rehnquist Court: Equal Protection and Individual Autonomy
The Rehnquist Court Forms
Civil Rights
Affirmative Action
The Michigan Cases
Race-Conscious Districting
The Civil Rights Act of 1991
Gender Discrimination
Sexual Harassment
Homosexual Rights
Lawrence v. Texas
Abortion
The Americans with Disabilities Act
The Right to Die
The 2000 Presidential Election
Conclusion
For Further Reading
43. The Rehnquist Court, Federalism, and Civil Liberties
Federalism
Wine, Medical Marijuana, and Pesticides
The First Amendment
Technology and Free Speech
Flag Burning
Campaign Finance Reform
Free Exercise of Religion
The Religious Freedom Restoration Act
Church and State
School Vouchers
School Prayer, The Ten Commandments, and the Pledge
Rights of the Accused
The Death Penalty
Ineffective Counsel
Sentencing Responsibility
Eminent Domain
Conclusion
For Further Reading
44. The War on Terror
The USA PATRIOT Act
Controversy Over the Act
Post-9/11 Round Ups
Guantánamo
Hamdan v. Rumsfeld
Presidential Authority
The State Secrets Privilege
Domestic Surveillance
Extraordinary Rendition and Torture
A New Beginning
For Further Reading
45. The Roberts Court
The Roberts Court Forms
Racial Discrimination
The Ledbetter Decision
Voter ID
Religion
Free Speech
Campaign Finance
Student Rights
Abortion
Criminal Procedure
Miranda Warnings
The Death Penalty
The Second Amendment
Environmental Issues
Preemption
Conclusion
For Further Reading
The Declaration of Independence
Constitution of the United States
Justices of the U.S. Supreme Court
Case Index
Subject Index
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