Constitutionalism and American Culture

by Vanburkleo, Sandra F.; Hall, Kermit L.; Kaczorowski, Robert J.

• ISBN13: 9780700611546
• ISBN10: 0700611541
• Format: Paperback
• Copyright: 2002-03-01
• Publisher: Univ Pr of Kansas

Summary

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

Table of Contents

Foreword	vii
Stanley N. Katz
Introduction	xiii
Part I. Constitutional Contexts
Constitutional Contexts: The Theory of History and the Process of Constitutional Change in Revolutionary America	3	(26)
David Thomas Konig
The Inverted Constitution: Enforcing Constitutional Rights in the Nineteenth Century	29	(35)
Robert J. Kaczorowski
The Rise and Fall of Classical Legal Thought: Preface to the Modern Constitution	64	(35)
William M. Wiecek
Part II. The Modern Constitutional Republic in Historical Perspective
Free Speech and the Bifurcated Review Project: The ``Preferred Position'' Cases	99	(24)
G. Edward White
The Roles of Lawyers in a Civil Liberties Crisis: Hawaii During World War II	123	(51)
Harry N. Scheiber
Jane L. Scheiber
Constitutional Equality for Women: Losing the Battle but Winning the War	174	(37)
Cynthia Harrison
The Warren Court and Equality	211	(29)
Michal R. Belknap
The Overlooked Litigant in Tinker v. Des Moines Independent Community School District (1969)	240	(27)
John W. Johnson
Cultural History and the First Amendment: New York Times v. Sullivan and Its Times	267	(40)
Kermit L. Hall
Part III. New Directions in American Constitutional History
``Words as Hard as Cannon-Balls'': Women's Rights Agitation and Liberty of Speech in Nineteenth-Century America	307	(52)
Sandra F. VanBurkleo
Race, State, Market, and Civil Society in Constitutional History	359	(22)
Mark Tushnet
Constitutional History and the ``Cultural Turn'': Cross-Examining the Legal-Reelist Narratives of Henry Fonda	381	(30)
Norman L. Rosenberg
Contributors	411	(6)
Index	417