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Constitutionalism and American Culture: Writing the New Constitutional History

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Overview

"A highly rewarding and lively volume that adds depth and insight to our understanding of constitutionalism. Far-ranging in scope, these essays probe vital issues, challenge conventional wisdom, and suggest fresh approaches to shaping the future of constitutional history."—James W. Ely, Jr., author of Railroads and American Law

"Providing a new burst of vitality in the field of constitutional history, these essays are well-written, enlightening, sometimes startling, and always enormously interesting."—Lawrence M. Friedman, author of A History of American Law

Author Biography: Sandra F. VanBurkleo is associate professor of history and adjunct professor of law at Wayne State University and the author of "Belonging to the World": Women's Rights and American Constitutional Culture.

Kermit L. Hall is president and professor of history at Utah State University and the author of The Magic Mirror: Law in American History and editor of the Oxford Companion to the Supreme Court.

Robert J. Kaczorowski is professor of law and director of the Condon Institute in Legal History at Fordham University School of Law and author of The Politics of Judicial Interpretation: The Federal Courts, Department of Justice, and Civil Rights, 1866–1876.

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Editorial Reviews

From the Publisher
"If a library could afford to carry but one volume of American constitutional history, it should be this one."—Choice

"This collection shows 'new constitutional history' to be a field that remains dynamic, robust, open to the exploration of less-traditional venues, and accessible to those seeking to marshal unconventional methodologies."—Law and History Review

"An excellent collection of essays. . . . All are very well done. One could not ask for a better sampler of this particular genre of constitutional history."—Journal of American History

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Product Details

  • ISBN-13: 9780700611539
  • Publisher: University Press of Kansas
  • Publication date: 3/1/1902
  • Pages: 440
  • Product dimensions: 6.42 (w) x 9.16 (h) x 1.43 (d)

Table of Contents

Foreword
Introduction
Pt. I Constitutional Contexts
1 Constitutional Contexts: The Theory of History and the Process of Constitutional Change in Revolutionary America 3
2 The Inverted Constitution: Enforcing Constitutional Rights in the Nineteenth Century 29
3 The Rise and Fall of Classical Legal Thought: Preface to the Modern Constitution 64
Pt. II The Modern Constitutional Republic in Historical Perspective
4 Free Speech and the Bifurcated Review Project: The "Preferred Position" Cases 99
5 The Roles of Lawyers in a Civil Liberties Crisis: Hawaii During World War II 123
6 Constitutional Equality for Women: Losing the Battle but Winning the War 174
7 The Warren Court and Equality 211
8 The Overlooked Litigant in Tinker v. Des Moines Independent Community School District (1969) 240
9 Cultural History and the First Amendment: New York Times v. Sullivan and Its Times 267
Pt. III New Directions in American Constitutional History
10 "Words as Hard as Cannon-Balls": Women's Rights Agitation and Liberty of Speech in Nineteenth-Century America 307
11 Race, State, Market, and Civil Society in Constitutional History 359
12 Constitutional History and the "Cultural Turn": Cross-Examining the Legal-Reelist Narratives of Henry Fonda 381
Contributors 411
Index 417
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