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| Foreword | |
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| Introduction: "The Genius of the Constitution" | |
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| "To Establish a More Perfect Union" | |
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| "Morally Sinful by the Word of God": The law of the colonial era and its treatment of religious dissenters, women, blacks, and Indians | |
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| "The Exigencies of the Union": The Constitutional Convention meets in 1787; James Madison and the Virginia Plan | |
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| "Dishonorable to the National Character": The Framers debate the powers of Congress; the Great Compromise over slavery | |
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| "The Supreme Law of the Land": The Framers debate executive power and establish the Supreme Court | |
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| "The Country Must Finally Decide": The Framers debate a bill of rights; the final drafting and signing of the Constitution | |
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| "The Plot Thickens Fast": The states debate and ratify the Constitution | |
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| "The Nauseous Project of Amendments": The First Congress debates a bill of rights; the states ratify the first ten amendments | |
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| "It Is a Constitution We Are Expounding" | |
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| "The Court Is Now Sitting": Establishing the Supreme Court; its first sessions and members | |
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| Hayburn's Case (1792) | |
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| Chisholm v. Georgia (1793) | |
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| "To Say What the Law Is": Congress passes the Sedition Act; Chief Justice John Marshall and judicial power | |
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| Marbury v. Madison (1803) | |
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| "These Jarring and Discordant Judgments": The impeachment of Justice Samuel Chase; conflicts between federal and state powers | |
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| Fletcher v. Peck (1810) | |
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| Martin v. Hunter's Lessee (1816) | |
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| Cohens v. Virginia (1821) | |
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| "The Good and the Wise": Federal power over the states; the Court construes the Contract Clause | |
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| McCulloch v. Maryland (1819) | |
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| Dartmouth College v. Woodward (1819) | |
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| Sturges v. Crowninshield (1819) | |
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| Gibbons v. Ogden (1824) | |
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| Ogden v. Saunders (1827) | |
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| Barron v. Baltimore (1833) | |
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| "Great, Good, and Excellent Man!": The Court first confronts slavery; Chief Justice Marshall dies and Roger Taney takes over | |
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| The Antelope (1825) | |
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| Charles River Bridge v. Warren Bridge (1837) | |
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| The Amistad (1841) | |
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| Prigg v. Pennsylvania (1842) | |
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| "Justly and Lawfully Be Reduced to Slavery" | |
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| "A Small, Pleasant-Looking Negro": The background of the Dred Scott case and the legal rights of blacks | |
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| Dred Scott v. Sandford (1857) | |
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| "Beings of an Inferior Order": The Court decides that blacks are not citizens and have no legal rights | |
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| Dred Scott v. Sandford, cont. (1857) | |
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| "Another Explosion Will Soon Come": Reaction to the Dred Scott decision; the Lincoln-Douglas debates and the Civil War | |
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| Ex Parte Milligan (1866) | |
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| "A Higher Law Than the Constitution": Congress adopts and the states ratify the Civil War amendments | |
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| Slaughterhouse Cases (1873) | |
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| United States v. Cruickshank (1876) | |
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| "An Evil Eye and an Unequal Hand": The Civil Rights Act of 1875; the disputed presidential election of 1876 | |
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| Civil Rights Cases (1883) | |
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| Yick Wo v. Hopkins (1886) | |
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| "Our Constitution Is Color-Blind": The Court confronts the Jim Crow system of racial segregation | |
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| Plessy v. Ferguson (1895) | |
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| "Liberty in a Social Organization" | |
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| "The Spectre of Socialism": The laissez-faire Constitution and the challenge of socialism and populism | |
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| Munn v. Illinois (1877) | |
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| Mugler v. Kansas (1877) | |
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| Chicago, Milwaukee and St. Paul Railway v. Minnesota (1890) | |
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| United States v. E. C. Knight Co. (1895) | |
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| Pollock v. Farmers' Loan Co. (1895) | |
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| In re Debs (1895) | |
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| "The Work Was Light and Healthful": The rights of workers and regulation of the workplace | |
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| Allgeyer v. Louisiana (1897) | |
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| Holden v. Hardy (1898) | |
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| Lochner v. New York (1905) | |
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| Muller v. Oregon (1908) | |
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| Adkins v. Childrens Hospital (1923) | |
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| "Falsely Shouting Fire in a Theatre": World War I, the Sedition Act, and free speech rights | |
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| Schenck v. United States (1919) | |
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| Debs v. United States (1919) | |
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| Abrams v. United States (1919) | |
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| "Every Idea Is an Incitement": The Court reacts to the Red Scare that followed the war | |
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| Gitlow v. New York (1925) | |
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| Whitney v. California (1927) | |
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| De Jonge v. Oregon (1937) | |
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| Herndon v. Lowry (1937) | |
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| "The General Welfare of the United States": The Great Depression, Franklin Roosevelt, and the New Deal in court | |
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| Home Building and Loan Assn. v. Blaisdell (1934) | |
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| Nebbia v. New York (1934) | |
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| Schechter Poultry Corp. v. United States (1935) | |
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| United States v. Butler (1936) | |
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| "To Save the Constitution from the Court": Roosevelt's court-packing plan and the Constitutional Revolution of 1937 | |
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| Carter v. Carter Coal Co. (1936) | |
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| Morehead v. Tipaldo (1936) | |
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| West Coast Hotel v. Parrish (1937) | |
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| "Hughes Thundered Out the Decision": The demise of the laissez-faire Constitution; Roosevelt packs the Court with New Dealers | |
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| NLRB v. Jones and Laughlin Steel Co. (1937) | |
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| "Beyond the Reach of Majorities" | |
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| "We Live by Symbols": Footnote Four and the Jehovah's Witnesses cases | |
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| United States v. Carolene Products Co. (1938) | |
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| Minersville School Board v. Gobitis (1940) | |
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| West Virginia Board of Education v. Barnette (1943) | |
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| "A Jap's a Jap": The wartime internment of Japanese Americans and the redress movement | |
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| Hirabayashi v. United States (1943) | |
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| Korematsu v. United States (1944) | |
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| Ex parte Endo (1944) | |
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| "My Little Soul Is Overjoyed": The NAACP campaign against segregation; the Communist Party in the courts | |
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| Gaines v. Canada (1938) | |
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| Sipuel v. Oklahoma Board of Regents (1948) | |
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| Shelley v. Kraemer (1948) | |
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| Sweatt v. Painter (1950) | |
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| McLaurin v. Oklahoma (1950) | |
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| Dennis v. United States (1951) | |
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| "Give Me the Colored Doll": The school segregation cases | |
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| Brown v. Board of Education (1954) | |
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| "War on the Constitution": The Brown decisions and the Little Rock insurrection against judicial authority | |
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| Brown v. Board of Education, cont. (1954) | |
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| Cooper v. Aaron (1958) | |
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| "A Better Place Because He Lived": The Warren Court and the Bill of Rights | |
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| Everson v. Board of Education (1947) | |
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| McCollum v. Illinois (1948) | |
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| Engel v. Vitale (1962) | |
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| Abington Township v. Schempp (1963) | |
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| Lee v. Weisman (1992) | |
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| Reynolds v. Sims (1964) | |
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| Heart of Atlanta Motel v. United States (1964) | |
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| Miranda v. Arizona (1966) | |
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| United States v. O'Brien (1968) | |
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| Tinker v. Des Moines (1969) | |
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| New York Times v. Sullivan (1964) | |
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| "A Right of Personal Privacy" | |
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| "You've Been Taking Pure Thalidomide": The Court deals with procreation | |
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| Skinner v. Oklahoma (1942) | |
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| Griswold v. Connecticut (1965) | |
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| "The Raw Edges of Human Existence": The issue of abortion | |
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| Roe v. Wade (1973) | |
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| "Truly a Pandora's Box": Affirmative action and gay rights | |
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| Regents v. Bakke (1978) | |
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| Bowers v. Hardwick (1986) | |
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| "I Fear for the Future": The Court divides over abortion, flag burning, and affirmative action | |
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| Webster v. Reproductive Health Services (1989) | |
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| Texas v. Johnson (1989) | |
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| Richmond v. J. A. Croson Co. (1989) | |
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| Planned Parenthood v. Casey (1992) | |
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| Epilogue: "How to Treat Other People" | |
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| United States Constitution | |
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| The Justices of the Supreme Court | |
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| Notes | |
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| Sources for Further Reading | |
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| Index | |