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Preface | |
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The Court and Civil Rights | |
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The Abandonment of the Freedmen | |
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The Civil Rights Cases | |
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Jim Crow Enthroned | |
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The Treatment of Native Americans | |
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The Chinese Cases | |
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The Insular Cases | |
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The Incorporation Theory | |
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Women and the Law | |
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The Court Draws Limits | |
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The Peonage Cases | |
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A Few Small Steps | |
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Conclusion | |
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For Further Reading | |
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The Constitutional World of the Late Nineteenth Century | |
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Classical Legal Thought | |
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The Emergence of Substantive Due Process | |
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Due Process Enthroned | |
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Freedom of Contract | |
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The Law Writers | |
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The Importance of Oliver Wendell Holmes, Jr. | |
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The Emergence of the Modern Legal Profession | |
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Conclusion | |
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For Further Reading | |
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The Regulation of Commerce, 1877-1914 | |
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Farmers, Railroads, and Elevators | |
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Munn v. Illinois | |
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Removal to Federal Courts | |
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The Interstate Commerce Commission | |
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The Courts and the ICC | |
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Courts and Rate-Making | |
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Congress Strengthens the ICC | |
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The Court Acquiesces | |
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The Growth of Monopolies | |
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The Sherman Act | |
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The Knight Case | |
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The Court Changes Its Mind | |
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The Northern Securities Case | |
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The Rule of Reason | |
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The Income Tax | |
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Conclusion | |
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For Further Reading | |
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Protective Legislation and the Police Power | |
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The Progressive Agenda | |
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Conservative Opposition | |
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The Police Power | |
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Child Labor and State Courts | |
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Child Labor in the Supreme Court | |
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Hours for Women Workers | |
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A Feminist Critique of Muller | |
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Separating Factory from Home | |
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Hours on Public Works | |
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Hours for Men | |
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The Lochner Decision | |
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Wage Regulation | |
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Employers' Liability | |
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Workmen's Compensation | |
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Federal Employers' Liability | |
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The Debs Case | |
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The Courts and Labor Unions | |
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For Further Reading | |
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Progressivism Triumphant, 1901-1917 | |
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Democracy and Efficiency | |
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The Roosevelt Presidency | |
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The Federal Police Power | |
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The Attack on the Courts | |
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Judicial Recall | |
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State Courts and the Constitution | |
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The Taft Record | |
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Reforming the House | |
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Woodrow Wilson's Views on the Presidency | |
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Tariffs and Taxes | |
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Banking Reform | |
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Antitrust Legislation | |
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Completing the Reform Agenda | |
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Race and the Progressive Era | |
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The Court Draws Limits | |
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A Few Small Steps | |
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Conclusion | |
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For Further Reading | |
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Constitutional Problems During World War I | |
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Preparedness | |
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Control of the Railroads | |
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The Draft Cases | |
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The Lever Act | |
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Rent Control | |
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The Overman Act | |
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Prohibition | |
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Women's Suffrage | |
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Wilson and Foreign Policy | |
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The Treaty of Versailles | |
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An Incapacitated President | |
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Free Speech in Wartime | |
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The Speech Tradition Before Schenck | |
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Clear and Present Danger | |
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The Beginnings of the Free Speech Tradition | |
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The American Civil Liberties Union | |
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The Red Scare | |
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For Further Reading | |
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"The Business of America is Business!" | |
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The Taft Court Forms | |
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William Howard Taft as Chief Justice | |
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Crippling the Regulatory Agencies | |
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Maintaining the National Power | |
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Federal Grants-in-Aid | |
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Utilities Regulation | |
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Labor and the Taft Court | |
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The Adkins Case | |
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The Fate of Reform Legislation | |
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Euclid v. Ambler Realty | |
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Conclusion | |
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For Further Reading | |
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A Tangled Skein of Liberties | |
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The Reform Remnant | |
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Legal Realism | |
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Realism and Reform on the Bench | |
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Political Fundamentalism | |
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The Nationalization of Standards | |
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The "Incorporation" of Free Speech | |
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Whitney v. California | |
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Criminal Justice | |
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Wire Tapping and Privacy | |
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Lynch Law | |
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Race and Alienage | |
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Incorporating Freedom of the Press | |
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For Further Reading | |
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The Depression, the New Deal, and the Court | |
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The Depression and the Need for Action | |
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The Hughes Court | |
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State Legislation Before the Court | |
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A Change in Philosophy | |
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The New Deal Begins | |
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Agricultural Reform | |
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Inflation and Relief Measures | |
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Reviving the Economy | |
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Constitutional Considerations and Problems | |
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The New Deal in Court | |
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Black Monday | |
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The Court and the Agricultural Adjustment Act | |
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The Carter Coal Case | |
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Conclusion: The Court Versus the New Deal | |
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For Further Reading | |
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Crisis and Resolution | |
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The Second Hundred Days | |
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The Roosevelt Court Plan | |
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The "Switch in Time," | |
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An Alternate View | |
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Roosevelt Reshapes the Court | |
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The Failure of Reorganization | |
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A National Labor Policy | |
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The Commerce Power and Agriculture | |
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The Reach of the Commerce Power | |
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The Demise of "Old Swifty," | |
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The Court and State Powers | |
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Conclusion: The Crisis Survived | |
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For Further Reading | |
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Civil Liberties and the Roosevelt Court | |
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Rights of Labor | |
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The Bar, the Justice Department, and Civil Liberties | |
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Cardozo and Selective Incorporation | |
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Black and Total Incorporation | |
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Frankfurter and the Limits of Restraint | |
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Labor and the First Amendment | |
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Religion | |
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The Flag Salute Cases | |
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Civil Liberties in Wartime | |
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Treason and Espionage | |
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For Further Reading | |
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World War II | |
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Neutrality Legislation | |
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The Ludlow Amendment | |
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Internal Security | |
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Executive Agreements | |
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Presidential Power | |
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Organizing for War | |
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The Court and Wartime Regulations | |
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Anti-Japanese Sentiment | |
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Japanese Relocation | |
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The Relocation Cases | |
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Milligan Redux | |
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The Judgment of History | |
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The War Crimes Trials | |
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The United Nations | |
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For Further Reading | |
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Fair Deal and Cold War | |
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Conservative Reaction | |
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The Taft-Hartley Law | |
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Government Loyalty Programs | |
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Smith Act Prosecutions | |
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Dennis v. United States | |
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Justice Harlan's Solution | |
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The McCarran Act | |
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McCarthyism | |
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The North Atlantic Treaty Organization | |
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The Bricker Amendment | |
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The Korean Police Action | |
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Civilian Control of the Military | |
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The Steel Seizure Case | |
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For Further Reading | |
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The Struggle for Civil Rights | |
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Truman and the First Steps | |
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The NAACP Intensifies Its Efforts | |
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The Vinson Court and Civil Rights | |
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Enter Earl Warren | |
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The Five School Cases | |
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Brown v. Board of Education | |
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The Reaction to Brown | |
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Implementation | |
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"All Deliberate Speed," | |
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Eisenhower and Little Rock | |
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For Further Reading | |
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"We Shall Overcome!" | |
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The Civil Rights Movement Begins | |
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Early Civil Rights Legislation | |
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The Kennedy Commitment | |
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"The Schoolhouse Door," | |
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The 1964 Civil Rights Act | |
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The Court Loses Patience | |
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Attacking Segregation Everywhere | |
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State Action and Racial Classification | |
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Civil Rights and the First Amendment | |
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The Sit-In Cases | |
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The Court and the 1964 Civil Rights Act | |
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Voting Rights | |
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The 1965 Voting Rights Act | |
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South Carolina v. Katzenbach | |
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New Uses for Old Laws | |
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What Has Been Accomplished | |
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Conclusion: An Unfinished Agenda | |
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For Further Reading | |
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The Warren Court and the Bill of Rights | |
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The First Amendment | |
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The Overbreadth Doctrine | |
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Symbolic Speech | |
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Libel and the First Amendment | |
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Obscenity | |
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The Religion Clauses | |
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Prayer, Bible Reading, and Evolution | |
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Aid to Schools | |
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Search and Seizure | |
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Self-Incrimination | |
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The Right to Counsel | |
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The Right to Privacy | |
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Conclusion: Judicial Activism and Civil Liberties | |
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For Further Reading | |
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A Nation in Turmoil | |
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Internal Security | |
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The Decline of HUAC | |
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Reapportionment | |
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Opposition to the Apportionment Rulings | |
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The Great Society | |
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Johnson and Presidential Prerogatives | |
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Vietnam and the Tonkin Gulf Resolution | |
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War Issues and the Court | |
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Impatience over Civil Rights | |
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Criminal Law | |
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The Commission on Law Enforcement | |
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The Omnibus Crime Control Act | |
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The Fortas Affair | |
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Warren's Final Term | |
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Conclusion | |
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For Further Reading | |
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Richard Nixon and the Corruption of Power | |
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A Moderate Start | |
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Powers of the Commander-in-Chief | |
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The Cambodian Rider | |
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The War Powers Act of 1973 | |
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Expansion of Domestic Powers | |
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The Pocket Veto | |
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Budgets and Impoundments | |
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The Congressional Budget Act | |
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Watergate | |
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Executive Privilege | |
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Spiro Agnew Departs | |
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United States v. Nixon | |
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Resignation | |
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The Lessons of Watergate | |
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The "Plebiscitary Presidency," | |
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For Further Reading | |
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The Burger Court and Equal Protection | |
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The Burger Court Forms | |
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Continuing Desegregation | |
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Busing | |
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Desegregation in the North | |
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Bakke and Affirmative Action | |
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Gender Discrimination | |
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The Equal Rights Amendment | |
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Poverty and Disability | |
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The Abortion Decisions | |
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Post-Roe Decisions | |
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For Further Reading | |
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The Burger Court and Civil Liberties | |
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Obscenity | |
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Commercial Speech | |
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Campaign Funds as Political Speech | |
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Freedom of the Press | |
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A Right of Access | |
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Reporter's Privilege | |
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Church and State | |
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The Drive to Reinstate School Prayer | |
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Free Exercise of Religion | |
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Rights of the Accused: Search and Seizure | |
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The Exclusionary Rule | |
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Miranda Warnings | |
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The Death Penalty | |
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Conclusion | |
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For Further Reading | |
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The Rehnquist Court: Equal Protection and Individual Autonomy | |
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The Rehnquist Court Forms | |
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Civil Rights | |
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Affirmative Action | |
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Race-Conscious Districting | |
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The Civil Rights Act of 1991 | |
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Gender Discrimination | |
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Sexual Harassment | |
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Abortion | |
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The Right to Die | |
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Conclusion | |
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For Further Reading | |
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The Rehnquist Court, Federalism, and Civil Liberties | |
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Federalism | |
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The First Amendment | |
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Speech "Plus," | |
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Flag Burning | |
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Free Exercise of Religion | |
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The Religious Freedom Restoration Act | |
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Church and State | |
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Rights of the Accused | |
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Conclusion | |
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For Further Reading | |
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Constitutional Issues at the End of the Twentieth Century | |
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Congress and Foreign Policy | |
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The Courts and Foreign Policy | |
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The Legislative Veto | |
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Control of the Budget | |
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The Twenty-seventh Amendment | |
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Term Limits | |
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Iran-Contra | |
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The Bork Nomination | |
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The Thomas Nomination | |
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The Line Item Veto | |
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The Role of the Independent Counsel | |
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Clinton's Impeachment | |
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The Election of 2000 | |
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Conclusion | |
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For Further Reading | |
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Appendixes | |
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The Declaration of Independence | |
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Constitution of the United States | |
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Justices of the U.S. Supreme Court | |
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Case Index | |
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Subject Index | |