The Bill of Rights in Modern America

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  • Format: Paperback
  • Copyright: 2008-07-01
  • Publisher: Indiana Univ Pr

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Supplemental Materials

What is included with this book?


This newly revised and expanded edition ofThe Bill of Rights in Modern Americacaptures the noisy and potentially defining national debate about the nature and extent of our individual rights. Free speech, the separation of church and state, public safety and gun control, property rights, the rights of criminals and victims, the limits of law enforcement, the death penalty, affirmative action, the right to privacy, abortion, states' rights-the Bill of Rights has been evoked as the legal basis for every one of these issues. Twelve distinguished legal scholars discuss the history and the current debates on these and other important rights issues in a book that is certain to stimulate thoughtful discussion among all citizens.

Author Biography

David J. Bodenhamer is Professor of History and Executive Director of the Polis Center at Indiana University--Purdue University, Indianapolis. He is author or editor of several books and more than thirty book chapters and journal articles. He lives in Carmel, Indiana.

James W. Ely, Jr., is Milton R. Underwood Professor of Law and Professor of History at Vanderbilt University. He is author of The Guardian of Every Other Right: A Constitutional History of Property Rights and American Legal History: Cases and Materials, among other works. He lives in Nashville,Tennessee.

Table of Contents

Introductionp. vii
The Bill of Rights (and the Fourteenth Amendment)p. 1
The Myth and Reality of Rights
Rights Consciousness in American Historyp. 7
The Explosion and Erosion of Rightsp. 25
Modern Rights in Controversy
The First Amendment and the Freedom to Differp. 49
Church and State: The Religion Clausesp. 67
Public Safety and the Right to Bear Armsp. 88
The Enigmatic Place of Property Rights in Modern Constitutional Thoughtp. 108
Reversing the Revolution: Rights of the Accused in a Conservative Agep. 126
Police Practices and the Bill of Rightsp. 148
The "Cruel and Unusual Punishment" Clause: A Limit on the Power to Punish or Constitutional Rhetoric?p. 172
Equal Protection and Affirmative Actionp. 190
Rights Remembered, Revised, and Extended
The Right to Privacyp. 215
Second Wind for the State Bill of Rightsp. 241
Notesp. 255
Bibliographic Essaysp. 281
List of Contributorsp. 297
Table of Casesp. 301
Indexp. 304
Table of Contents provided by Ingram. All Rights Reserved.

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