The Bill of Rights in Modern America: After 200 YearsDavid J. Bodenhamer, James W. Ely (Jr.) This newly revised and expanded edition of The Bill of Rights in Modern America captures the contentious national debate about the nature and extent of our individual rights. Free speech, the separation of church and state, public safety and gun control, property rights, the rights of criminals and victims, the limits of law enforcement, the death penalty, affirmative action, the right to privacy, abortion, states' rights--the Bill of Rights has been evoked as the legal basis for every one of these issues. Twelve distinguished legal scholars discuss the history of and the current debates on these and other important rights issues in a book that is certain to stimulate thoughtful discussion among all citizens. |
Contents
Rights Consciousness in American History | 3 |
The Explosion and Erosion of Rights | 18 |
Symbolic Speech and the First Amendment | 39 |
The Religion Clauses | 57 |
Public Safety and the Right to Bear Arms | 72 |
The Enigmatic Place of Property Rights in Modern | 87 |
Rights of the Accused | 101 |
Police Practices and the Bill of Rights | 120 |
A Limit | 139 |
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affirmative action Amendment's American argued authority bear arms Bill of Rights blacks Burger business necessity century challenge Chief Justice citizens civil rights claims Congress constitutionality conviction crime cruel and unusual death penalty debate decision defendants discrimination disparate impact dissent due process clause economic Eighth Amendment employer employment equal protection establishment clause exclusionary rule expression firearms flag Fourteenth Amendment Fourth Amendment framers freedom Furman governmental guarantees gun control Ibid interpretation issue judges judicial Justice Brennan Law Review legislation limited Madison majority means ment militia Miranda moral natural rights Ninth Amendment opinion person police political practices presumption of liberty principle probable cause procedures prohibited property rights question quota race norming racial regulations religion religious restrictions Revolution Scalia Second Amendment social society speech statute Supreme Court symbolic tion tional Title VII trial unusual punishment clause violation Warren Court York