Civil Rights and Liberties: Provocative Questions and Evolving Answers

by Sullivan, Harold J.

• ISBN13: 9780130845146
• ISBN10: 0130845140
• Edition: 1st
• Format: Paperback
• Copyright: 2001-01-01
• Publisher: Taylor & Francis

Summary

For undergraduate courses in Constitutional Law, Civil Rights and Liberties, Introduction to American Politics, and Introduction to Law. This text examines contemporary and perennial constitutional issues in civil liberties and rights by posing questions designed to engage students in an exploration of how and why U.S. Supreme Court Justices have interpreted the provisions of the U.S. Constitutioni.e., relating to Freedom of Expression and Religion, and Equal Protection and Privacy. Each question is followed by an essay answer that explores, in a thought-provoking manner, the variety of ways these issues have been responded to in real cases.

Table of Contents

Preface	xi
Acknowledgments	xii
Introduction: Judicial Defense of Civil Liberties and Civil Rights	1	(20)
What Courts Do	4	(3)
How Do We Know what the Constitution Means?	7	(2)
The Fourteenth Amendment and the ``Incorporation'' of the Bill of Rights	9	(6)
The Checkered History of Judicial Defense of Rights and Liberties	15	(2)
Legislative Protections for Rights and Liberties	17	(1)
Continuing Controversy: Why So Many Questions?	17	(2)
References	19	(2)
The First Amendment and Freedom of Expression	21	(38)
Introduction	21	(2)
What is ``freedom of speech''?	23	(4)
How has the Court justified limits on the expression of ideas?	27	(4)
Shouldn't we ban dangerous ideas?	31	(2)
May the government punish those who engage in ``hate speech''?	33	(5)
Why must society tolerate obscenity?	38	(4)
Why does the government permit sexually explicit material to invade our homes over the internet?	42	(3)
Why not require that people in public debate tell the truth?	45	(5)
How is burning the American flag a form of free speech?	50	(4)
Why should a democratic society tolerate the expression of views that are offensive to the majority?	54	(3)
References	57	(2)
Freedom of Religion	59	(30)
Introduction	59	(2)
Why can't government help advance the religious values that the majority of Americans share?	61	(5)
Are there limits on a person's right to practice his or her religion?	66	(5)
Doesn't banning ``voluntary prayer'' in public schools interfere with children's freedom of religion?	71	(4)
If secular groups are allowed access to the schools, shouldn't religious groups have the same rights?	75	(4)
Doesn't teaching evolution in the schools amount to the establishment of secular religion?	79	(4)
Is the separation of Church and state breaking down?	83	(4)
References	87	(2)
Equality Under the Constitution	89	(32)
Introduction	89	(2)
How does the Constitution make us equal?	91	(5)
If the Constitution Commands ``equal protection of the laws, ''Why was racial segregation permitted for so long?	96	(3)
Why did the courts order ``forced busing''?	99	(4)
Isn't ``affirmative action'' Just another form of racial or sexual discrimination?	103	(6)
Do we still need a new equal Rights amendment (ERA) to secure gender equality?	109	(5)
How do You Know if you are a victim of unconstitutional discrimination?	114	(5)
References	119	(2)
Privacy and Individual Autonomy	121	(22)
How much privacy do we have a right to expect?	122	(3)
How did the ``right to privacy'' lead to a woman's right to have an abortion?	125	(3)
Does a fetus's ``right to life'' count more than a woman's right to privacy?	128	(3)
When may they state regulate private sexual relationships between consenting adults?	131	(4)
Why doesn't the ``right to privacy'' include the right to decide to end our lives?	135	(5)
References	140	(3)
Contemporary Issue of Equality and Freedom	143	(18)
Introduction	143	(1)
What use are rights and liberties if you lack the resources to take advantage of them?	144	(3)
What use is freedom of speech if no one can hear you?	147	(4)
Is it possible for the wealthy few to dominate public debate and stifle the ``free marketplace of ideas''?	151	(2)
Does the Constitution protect us from private institutions which interfere with our liberties and rights?	153	(6)
References	159	(2)
Conclusion: What is the Future of Civil Rights and Civil Liberties in America?	161	(4)
References	163	(2)
Appendix: The Constitution of the United States	165	(22)
Index	187