Constitutionalism and American Culture: Writing the New Constitutional History

Constitutionalism and American Culture: Writing the New Constitutional History

by Sandra F. Vanburkleo
     
 

Taking their cue from the late Paul L. Murphy, one of our nation's leading legal historians, this illustrious group of scholars argues that the field of constitutional history is "too important to be left solely to lawyers and judges." Their "state-of-the-field" volume reclaims constitutional history's rightful place as a vital and necessary part of our intellectual… See more details below

Overview

Taking their cue from the late Paul L. Murphy, one of our nation's leading legal historians, this illustrious group of scholars argues that the field of constitutional history is "too important to be left solely to lawyers and judges." Their "state-of-the-field" volume reclaims constitutional history's rightful place as a vital and necessary part of our intellectual enterprise, in part by pushing the field onto fresh, even controversial, terrain.

Much as Murphy has done, these scholars contend that this restoration is much needed and will greatly enrich judicial and public policy, advance a tradition of justice worthy of America's democratic aspirations, give due attention to cultural contexts, and, most importantly, afford Americans a richer understanding of their constitutional heritage.

Their essays explore, for example, the ways in which previously excluded groups have come more fully into the Constitution's orbit of freedom, the ongoing importance of institutions and doctrines, and the ways in which theory and informal texts might enrich the field. How, they ask, might scholars take account of the lived experiences of litigants, reformers, and lawyers in the forging of constitutional change?

A kind of prospectus for the future of American constitutional history, these essays address fundamental questions about the field and its evolution. More important, they persuasively argue that the best way to reinvigorate the study of constitutionalism is to reconnect it to its social and cultural contexts, to appreciate the continuing necessity of archival research, to recognize and support the value of new approaches and perspectives, and to reaffirm in the end that the best way to explain the history of rights is to remember the courage of the people who had the vision and conviction to put the judges through their constitutional paces.

All royalties from the sale of this book are contributed to the Paul L. Murphy Prize Fund sponsored by the American Society for Legal History.

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Product Details

ISBN-13:
9780700611539
Publisher:
University Press of Kansas
Publication date:
03/01/1902
Pages:
440
Product dimensions:
6.42(w) x 9.16(h) x 1.43(d)

Table of Contents

Foreword
Introduction
Pt. IConstitutional Contexts
1Constitutional Contexts: The Theory of History and the Process of Constitutional Change in Revolutionary America3
2The Inverted Constitution: Enforcing Constitutional Rights in the Nineteenth Century29
3The Rise and Fall of Classical Legal Thought: Preface to the Modern Constitution64
Pt. IIThe Modern Constitutional Republic in Historical Perspective
4Free Speech and the Bifurcated Review Project: The "Preferred Position" Cases99
5The Roles of Lawyers in a Civil Liberties Crisis: Hawaii During World War II123
6Constitutional Equality for Women: Losing the Battle but Winning the War174
7The Warren Court and Equality211
8The Overlooked Litigant in Tinker v. Des Moines Independent Community School District (1969)240
9Cultural History and the First Amendment: New York Times v. Sullivan and Its Times267
Pt. IIINew Directions in American Constitutional History
10"Words as Hard as Cannon-Balls": Women's Rights Agitation and Liberty of Speech in Nineteenth-Century America307
11Race, State, Market, and Civil Society in Constitutional History359
12Constitutional History and the "Cultural Turn": Cross-Examining the Legal-Reelist Narratives of Henry Fonda381
Contributors411
Index417

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