Freedom and the Court: Civil Rights and Liberties in the United States

by Abraham, Henry Julian; Perry, Barbara A.

• ISBN13: 9780700612628
• ISBN10: 0700612629
• Edition: 8th
• Format: Paperback
• Copyright: 2003-07-01
• Publisher: Univ Pr of Kansas

Summary

Since its original publication in 1967, "Freedom and the Court has become the standard text on civil liberties law, with more than 100,000 copies in print. This classic is now updated to cover Supreme Court decisions through 2003 and address essential questions of how to reconcile civil liberties--especially personal privacy--with national security in the aftermath of 9/11. Henry J. Abraham and Barbara A. Perry continue to portray the intriguing human stories behind landmark constitutional law cases as they focus on fundamental issues of individual rights relating to freedom of religion, separation of church and state, freedom of expression, due process, and political, racial, and gender equality. This eighth edition of "Freedom and the Court delineates recent pathbreaking developments by the Rehnquist Court in civil rights regarding abortion, affirmative action, capital punishment, computers and the Internet, and the Americans with Disabilities Act. It also analyzes the narrowly divided Court's controversial return to a more state-centered jurisprudence and to

Author Biography

Henry J. Abraham is James Hart Professor Emeritus of Government and Foreign Affairs at the University of Virginia Barbara A. Perry is Carter Glass Professor of Government at Sweet Briar College

Table of Contents

Preface to the Eighth Edition	p. ix
Preface to the First Edition	p. xiii
Introduction	p. 1
The "Double Standard"	p. 8
The Evolution of the Double Standard	p. 8
The Expression and Justification of the Double Standard	p. 14
The Bill of Rights and Its Applicability to the States	p. 33
Historical Background	p. 33
The Fourteenth Amendment	p. 36
The Evolution of "Incorporation"	p. 54
Leading Positions on Incorporation	p. 95
The Fascinating World of "Due Process of Law"	p. 106
Some Basic Guidelines	p. 106
Substantive and Procedural Due Process of Law	p. 109
Due Process of Law in Perspective	p. 150
The Precious Freedom of Expression	p. 176
Judicial Line Formulae	p. 177
Some Basic Concepts	p. 188
Drawing Lines: Some Brief Examples	p. 201
Some Concluding Thoughts	p. 250
Religion	p. 255
Some Basic Considerations	p. 256
The Free Exercise of Religion	p. 271
"Establishment": The Separation of Church and State	p. 300
Race--The American Dilemma: The Evolving Equal Protection of the Laws	p. 367
A Glance at History	p. 373
"Separate but Equal": Rise and Demise	p. 379
The Quest for Suffrage	p. 418
State Action and Beyond: A True Dilemma	p. 441
Gender and Race Under the New Equal Protection	p. 465
A Glance at the Evolving History of Gender Discrimination	p. 465
The 1973 Abortion Decisions and Their Offspring	p. 481
The Wrench of "Affirmative Action" and "Reverse Discrimination"	p. 487
Coda	p. 506
Statistical Data on Supreme Court Justices	p. 509
Civil Rights and Liberties in the Constitution	p. 515
General Index	p. 519
Name Index	p. 530
Case Index	p. 538
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