A March of Liberty: A Constitutional History of the United States Volume I: From the Founding to 1890 / Edition 2

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Overview


A March of Liberty: A Constitutional History of the United States, 2/e, 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. Reflecting the latest in contemporary scholarship, the authors 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, this two-volume set examines lesser-known decisions that played important roles in affecting change, and also contains in-depth analyses of the intellects and personalities of the Supreme Court justices who made these influential decisions.
This second edition of A March of Liberty addresses recent scholarship on race and gender, covers both constitutional and legal history, and examines federal, state, and private law. The text exemplifies the current trends in American constitutional history through its holistic approach of integrating the decisions of the state and lower federal courts with the decisions of the Supreme Court. Volume I covers the colonial period up through Reconstruction and explores central rulings on property law, religious freedom, slavery, and women's rights. It also examines the need for a governmental system of checks and balances, lesser-known rulings on land and water usage, and impeachment and treason trials.
A March of Liberty, 2/e, features useful supplemental materials including the text of the Constitution, a chronological list of Supreme Court justices, and suggested further readings. Gracefully written and clearly explained, this popular two-volume set is indispensable for courses in American constitutional history and law.
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Editorial Reviews

From the Publisher

"I have the greatest admiration for A March of Liberty's comprehensiveness and its clarity. No other work combines legal and constitutional history so well, or is so attractively written. The book is well-known and well-respected by those who are teaching the subject and is certain to be adopted widely."--Richard Polenberg, Cornell University

"A March of Liberty is easily the best and most complete textbook of U.S. Constitutional history in print." -- Judith Kelleher Schafer, Murphy Institute, Tulane University

"I've taught this topic for several decades and have used every textbook. As measured by them and on its own merits, Urofsky and Finkelman's is superior in every way It is literate, uncondescending, up to the mark on scholarly interpretation, and although provocative, it avoids ideology."--Harold Hyman, Rice University

"A stunning achievement, sets a new standard for the field of constitutional history. A pleasure to read."--James L. Clayton, University of Utah

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Product Details

  • ISBN-13: 9780195126358
  • Publisher: Oxford University Press, USA
  • Publication date: 8/16/2001
  • Edition description: REV
  • Edition number: 2
  • Pages: 576
  • Product dimensions: 9.20 (w) x 6.10 (h) x 1.06 (d)

Meet the Author

Melvin Urofsky is Professor of History and Public Policy at Virginia Commonwealth University.
Paul Finkelman is Chapman Distinguished Professor of Law at the University of Tulsa.

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Table of Contents

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    Prefacexiii
    22.The Court and Civil Rights479
    The Abandonment of the Freedmen480
    The Civil Rights Cases481
    Jim Crow Enthroned482
    The Treatment of Native Americans485
    The Chinese Cases487
    The Insular Cases489
    The Incorporation Theory490
    Women and the Law492
    The Court Draws Limits494
    The Peonage Cases495
    A Few Small Steps497
    Conclusion498
    For Further Reading498
    23.The Constitutional World of the Late Nineteenth Century500
    Classical Legal Thought500
    The Emergence of Substantive Due Process504
    Due Process Enthroned507
    Freedom of Contract509
    The Law Writers511
    The Importance of Oliver Wendell Holmes, Jr.513
    The Emergence of the Modern Legal Profession515
    Conclusion518
    For Further Reading518
    24.The Regulation of Commerce, 1877-1914521
    Farmers, Railroads, and Elevators522
    Munn v. Illinois523
    Removal to Federal Courts524
    The Interstate Commerce Commission526
    The Courts and the ICC528
    Courts and Rate-Making529
    Congress Strengthens the ICC531
    The Court Acquiesces532
    The Growth of Monopolies533
    The Sherman Act534
    The Knight Case535
    The Court Changes Its Mind536
    The Northern Securities Case537
    The Rule of Reason538
    The Income Tax539
    Conclusion543
    For Further Reading543
    25.Protective Legislation and the Police Power545
    The Progressive Agenda546
    Conservative Opposition546
    The Police Power547
    Child Labor and State Courts548
    Child Labor in the Supreme Court549
    Hours for Women Workers551
    A Feminist Critique of Muller553
    Separating Factory from Home555
    Hours on Public Works556
    Hours for Men556
    The Lochner Decision558
    Wage Regulation560
    Employers' Liability563
    Workmen's Compensation564
    Federal Employers' Liability565
    The Debs Case566
    The Courts and Labor Unions567
    For Further Reading570
    26.Progressivism Triumphant, 1901-1917572
    Democracy and Efficiency572
    The Roosevelt Presidency573
    The Federal Police Power575
    The Attack on the Courts579
    Judicial Recall581
    State Courts and the Constitution582
    The Taft Record583
    Reforming the House584
    Woodrow Wilson's Views on the Presidency585
    Tariffs and Taxes586
    Banking Reform588
    Antitrust Legislation589
    Completing the Reform Agenda591
    Race and the Progressive Era592
    The Court Draws Limits593
    A Few Small Steps595
    Conclusion595
    For Further Reading596
    27.Constitutional Problems During World War I598
    Preparedness599
    Control of the Railroads600
    The Draft Cases601
    The Lever Act602
    Rent Control604
    The Overman Act604
    Prohibition606
    Women's Suffrage607
    Wilson and Foreign Policy609
    The Treaty of Versailles610
    An Incapacitated President612
    Free Speech in Wartime613
    The Speech Tradition Before Schenck614
    Clear and Present Danger615
    The Beginnings of the Free Speech Tradition617
    The American Civil Liberties Union619
    The Red Scare620
    For Further Reading622
    28."The Business of America is Business!"624
    The Taft Court Forms625
    William Howard Taft as Chief Justice627
    Crippling the Regulatory Agencies628
    Maintaining the National Power630
    Federal Grants-in-Aid632
    Utilities Regulation633
    Labor and the Taft Court634
    The Adkins Case637
    The Fate of Reform Legislation639
    Euclid v. Ambler Realty641
    Conclusion642
    For Further Reading642
    29.A Tangled Skein of Liberties644
    The Reform Remnant644
    Legal Realism645
    Realism and Reform on the Bench646
    Political Fundamentalism648
    The Nationalization of Standards650
    The "Incorporation" of Free Speech651
    Whitney v. California653
    Criminal Justice655
    Wire Tapping and Privacy656
    Lynch Law656
    Race and Alienage657
    Incorporating Freedom of the Press660
    For Further Reading661
    30.The Depression, the New Deal, and the Court663
    The Depression and the Need for Action663
    The Hughes Court664
    State Legislation Before the Court666
    A Change in Philosophy669
    The New Deal Begins670
    Agricultural Reform671
    Inflation and Relief Measures672
    Reviving the Economy673
    Constitutional Considerations and Problems675
    The New Deal in Court676
    Black Monday678
    The Court and the Agricultural Adjustment Act681
    The Carter Coal Case683
    Conclusion: The Court Versus the New Deal683
    For Further Reading685
    31.Crisis and Resolution687
    The Second Hundred Days687
    The Roosevelt Court Plan689
    The "Switch in Time,"693
    An Alternate View695
    Roosevelt Reshapes the Court698
    The Failure of Reorganization700
    A National Labor Policy701
    The Commerce Power and Agriculture703
    The Reach of the Commerce Power704
    The Demise of "Old Swifty,"705
    The Court and State Powers708
    Conclusion: The Crisis Survived709
    For Further Reading711
    32.Civil Liberties and the Roosevelt Court713
    Rights of Labor713
    The Bar, the Justice Department, and Civil Liberties714
    Cardozo and Selective Incorporation716
    Black and Total Incorporation717
    Frankfurter and the Limits of Restraint719
    Labor and the First Amendment719
    Religion721
    The Flag Salute Cases722
    Civil Liberties in Wartime725
    Treason and Espionage727
    For Further Reading729
    33.World War II731
    Neutrality Legislation731
    The Ludlow Amendment732
    Internal Security733
    Executive Agreements734
    Presidential Power736
    Organizing for War738
    The Court and Wartime Regulations739
    Anti-Japanese Sentiment740
    Japanese Relocation741
    The Relocation Cases743
    Milligan Redux745
    The Judgment of History746
    The War Crimes Trials747
    The United Nations749
    For Further Reading750
    34.Fair Deal and Cold War752
    Conservative Reaction752
    The Taft-Hartley Law754
    Government Loyalty Programs756
    Smith Act Prosecutions758
    Dennis v. United States760
    Justice Harlan's Solution762
    The McCarran Act763
    McCarthyism764
    The North Atlantic Treaty Organization766
    The Bricker Amendment767
    The Korean Police Action768
    Civilian Control of the Military769
    The Steel Seizure Case770
    For Further Reading771
    35.The Struggle for Civil Rights773
    Truman and the First Steps773
    The NAACP Intensifies Its Efforts774
    The Vinson Court and Civil Rights776
    Enter Earl Warren778
    The Five School Cases779
    Brown v. Board of Education781
    The Reaction to Brown783
    Implementation785
    "All Deliberate Speed,"787
    Eisenhower and Little Rock789
    For Further Reading791
    36."We Shall Overcome!"793
    The Civil Rights Movement Begins793
    Early Civil Rights Legislation795
    The Kennedy Commitment795
    "The Schoolhouse Door,"796
    The 1964 Civil Rights Act797
    The Court Loses Patience799
    Attacking Segregation Everywhere801
    State Action and Racial Classification802
    Civil Rights and the First Amendment802
    The Sit-In Cases803
    The Court and the 1964 Civil Rights Act806
    Voting Rights807
    The 1965 Voting Rights Act808
    South Carolina v. Katzenbach809
    New Uses for Old Laws811
    What Has Been Accomplished812
    Conclusion: An Unfinished Agenda814
    For Further Reading815
    37.The Warren Court and the Bill of Rights817
    The First Amendment818
    The Overbreadth Doctrine819
    Symbolic Speech820
    Libel and the First Amendment820
    Obscenity823
    The Religion Clauses826
    Prayer, Bible Reading, and Evolution829
    Aid to Schools831
    Search and Seizure832
    Self-Incrimination833
    The Right to Counsel836
    The Right to Privacy837
    Conclusion: Judicial Activism and Civil Liberties840
    For Further Reading841
    38.A Nation in Turmoil843
    Internal Security843
    The Decline of HUAC845
    Reapportionment846
    Opposition to the Apportionment Rulings850
    The Great Society851
    Johnson and Presidential Prerogatives852
    Vietnam and the Tonkin Gulf Resolution853
    War Issues and the Court855
    Impatience over Civil Rights857
    Criminal Law858
    The Commission on Law Enforcement860
    The Omnibus Crime Control Act861
    The Fortas Affair861
    Warren's Final Term863
    Conclusion865
    For Further Reading865
    39.Richard Nixon and the Corruption of Power867
    A Moderate Start868
    Powers of the Commander-in-Chief869
    The Cambodian Rider871
    The War Powers Act of 1973872
    Expansion of Domestic Powers876
    The Pocket Veto877
    Budgets and Impoundments878
    The Congressional Budget Act881
    Watergate882
    Executive Privilege885
    Spiro Agnew Departs886
    United States v. Nixon887
    Resignation888
    The Lessons of Watergate890