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

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

by Melvin I. Urofsky, Paul Finkelman

ISBN-10: 0195126351

ISBN-13: 9780195126358

Pub. Date: 08/16/2001

Publisher: Oxford University Press, USA

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…  See more details below


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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Oxford University Press, USA
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Table of Contents

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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
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
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
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
For Further Reading596
27.Constitutional Problems During World War I598
Control of the Railroads600
The Draft Cases601
The Lever Act602
Rent Control604
The Overman Act604
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
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
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
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
"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
The Religion Clauses826
Prayer, Bible Reading, and Evolution829
Aid to Schools831
Search and Seizure832
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
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
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
Executive Privilege885
Spiro Agnew Departs886
United States v. Nixon887
The Lessons of Watergate890