Table of Contents

22. THE COURT AND CIVIL RIGHTS
The Abandonment of the Freedmen * The Civil Rights Cases * Jim Crow Enthroned * The Treatment of Native Americans * The Chinese Cases * The Insular Cases * The Incorporation Theory * Women and the Law * The Court Draws Limits * The Peonage Cases * A Few Small Steps * Conclusion
23. THE CONSTITUTIONAL WORLD OF THE LATE NINETEENTH CENTURY
Classical Legal Thought * The Emergence of Substantive Due Process * Due Process Enthroned * Freedom of Contract * The Law Writers * The Importance of Oliver Wendell Holmes, Jr. * The Emergence of the Modem Legal Profession * Conclusion
24. THE REGULATION OF COMMERCE, 1877-1914
Farmers, Railroads, and Elevators * Munn v. Illinois * Removal to Federal Courts * The Interstate Commerce Commission * The Courts and the ICC * Courts and Rate-Making * Congress Strengthens the ICC * The Court Acquiesces * The Growth of Monopolies * The Sherman Act * The Knight Case * The Court Changes Its Mind * The Northern Securities Case * The Rule of Reason * The Income Tax * Conclusion
25. PROTECTIVE LEGISLATION AND THE POLICE POWER
The Progressive Agenda * Conservative Opposition * The Police Power * Child Labor and State Courts * Child Labor in the Supreme Court * Hours for Women Workers * A Feminist Critique of Muller * Separating Factory from Home * Hours on Public Works * Hours for Men * The Lochner Decision * Wage Regulation * Employers' Liability * Workmen's Compensation * Federal Employers' Liability * The Debs Case * The Courts and Labor Unions
26. PROGRESSIVISM TRIUMPHANT, 1901-1917
Democracy and Efficiency * The Roosevelt Presidency * The Federal Police Power * The Attack on the Courts * Judicial Recall * State Courts and the Constitution * The Taft Record * Reforming the House * Woodrow Wilson's Views on the Presidency * Tariffs and Taxes * Banking Reform * Antitrust Legislation * Completing the Reform Agenda * Race and the Progressive Era The Court Draws Limits * A Few Small Steps * Conclusion
27. CONSTITUTIONAL PROBLEMS DURING WORLD WAR I
Preparedness * Control of the Railroads * The Draft Cases * The Lever Act * Rent Control * The Overman Act * Prohibition * Women's Suffrage * Wilson and Foreign Policy * The Treaty of Versailles * An Incapacitated President * Free Speech in Wartime * The Speech Tradition Before Schenck * Clear and Present Danger * The Beginnings of the Free Speech Tradition * The American Civil Liberties Union * The Red Scare
28. "THE BUSINESS OF AMERICA IS BUSINESS!"
The Taft Court Forms * William Howard Taft as Chief Justice * Crippling the Regulatory Agencies * Maintaining the National Power * Federal Grants-in-Aid * Utilities Regulation * Labor and the Taft Court * The Adkiru Case * The Fate of Reform Legislation * Euclid v. Ambler Realty * Conclusion
29. A TANGLED SKEIN OF LIBERTIES
The Reform Remnant * Legal Realism * Realism and Reform on the Bench *Political Fundamentalism * The Nationalization of Standards * The "Incorporation" of Free Speech * Whitney v. California * Criminal Justice * Wire Tapping and Privacy * Lynch Law * Race and Alienage * Incorporating Freedom of the Press
30. THE DEPRESSION, THE NEW DEAL, AND THE COURT
The Depression and the Need for Action * The Hughes Court * State Legislation Before the Court * A Change in Philosophy * The New Deal Begins * Agricultural Reform * Inflation and Relief Measures * Reviving the Economy * Constitutional Considerations and Problems * The New Deal in Court * Black Monday * The Court and the Agricultural Adjustment Act * The Carter Coal Case * Conclusion: The Court Versus the New Deal
31. CRISIS AND RESOLUTION
The Second Hundred Days * The Rooseve1t Court Plan * The "Switch in Time" * An Alternative View * Roosevelt Reshapes the Court * The Failure of Reorganization * A National Labor Policy * The Commerce Power and Agriculture * The Reach of the Commerce Power * The Demise of "Old Swifty" * The Court and State Powers * Conclusion: The Crisis Survived
32. CIVIL LIBERTIES AND THE ROOSEVELT COURT
Rights of Labor * The Bar, the Justice Department and Civil Liberties * Cardozo and Selective Incorporation * Black and Total Incorporation * Frankfurter and the Limits of Restraint * Labor and the First Amendment * Religion * The Flag Salute Cases * Civil Liberties in Wartime * Treason and Espionage
33. WORLD WAR II
Neutrality Legislation * The Ludlow Amendment * Internal Security * Executive Agreements * Presidential Power * Organizing for War * The Court and Wartime Regulations * Anti-Japanese Sentiment * Japanese Relocation * The Relocation Cases * Milligan Redux * The Judgment of History * The War Crimes Trials * The United Nations
34. FAIR DEAL AND COLD WAR
Conservative Reaction * The Taft-Hartley Law * Government Loyalty Programs * Smith Act Prosecutions * Dennis v. United States * Justice Harlan's Solution * The McCarran Act * McCarthyism * The North Atlantic Treaty Organization * The Bricker Amendment * The Korean Police Action * Civilian Control of the Military * The Steel Seizure Case
35. THE STRUGGLE FOR CIVIL RIGHTS
Truman and the First Steps * The NAACP Intensifies Its Efforts The Vinson Court and Civil Rights * Enter Earl Warren * The Five School Cases * Brown v. Board of Education * The Reaction to Brown * Implementation * "All Deliberate Speed" * Eisenhower and Little Rock
36. "WE SHALL OVERCOME!"
The Civil Rights Movement Begins * Early Civil Rights Legislation * The Kennedy Commitment * "The Schoolhouse Door" * The 1964 Civil Rights Act * The Court Loses Patience * Attacking Segregation Everywhere * State Action and Racial Classification * Civil Rights and the First Amendment * The Sit-In Cases * The Court and the 1964 Civil Rights Act * Voting Rights * The 1965 Voting Rights Act * South Carolina v. Katzenbach * New Uses for Old Laws * What Has Been Accomplished * Conclusion:
An Unfinished Agenda
37. THE WARREN COURT AND THE BILL OF RIGHTS
The First Amendment * The Overbreadth Doctrine * Symbolic Speech * Libel and the First Amendment * Obscenity * The Religion Clauses * Prayer, Bible Reading, and Evolution * Aid to Schools * Search and Seizure * Self-Incrimination * The Right to Counsel * The Right to Privacy * Conclusion: Judicial Activism and Civil Liberties
38. A NATION IN TURMOIL
Internal Security * The Decline of HUAC * Reapportionment * Opposition to the Apportionment Rulings * The Great Society * Johnson and Presidential Prerogatives * Vietnam and the Tonkin Gulf Resolution * War Issues and the Court * Impatience over Civil Rights * Criminal Law * The Commission on Law Enforcement * The Omnibus Crime Control Act * The Fortas Affair * Warren's Final Term * Conclusion
39. RICHARD NIXON AND THE CORRUPTION OF POWER
A Moderate Start * Powers of the Commander-in-Chief * The Cambodian Rider * The War Powers Act of 1973 * Expansion of Domestic Powers * The Pocket Veto * Budgets and Impoundments * The Congressional Budget Act * Watergate * Executive Privilege * Spiro Agnew Departs * United States v. Nixon * Resignation * The Lessons of Watergate * The "Plebiscitary Presidency"
40. THE BURGER COURT AND EQUAL PROTECTION
The Burger Court Forms * Continuing Desegregation * Busing * Desegregation in the North * Bakke and Affirmative Action * Gender Discrimination * The Equal Rights Amendment * Poverty and Disability * The Abortion Decisions * Post-Roe Decisions
41. THE BURGER COURT AND CIVIL LIBERTIES
Obscenity * Commercial Speech Campaign Funds as Political Speech Freedom of the Press * A Right of Access * Reporter's Privilege * Church and State * The Drive to Reinstate School Prayer * Free Exercise of Religion * Rights of the Accused: Search and Seizure * The Exclusionary Rule * Miranda Warnings * The Death Penalty * Conclusion
42. THE REHNQUIST COURT: EQUAL PROTECTION AND INDIVIDUAL AUTONOMY
The Rehnquist Court Forms * Civil tights * Affirmative Action * Race-Conscious Districting * The Civil Rights Act of 1991 * Gender Discrimination * Sexual Harassment * Abortion * The Right to Die * Conclusion
43. THE REHNQUIST COURT, FEDERALISM, AND CIVIL LIBERTIES
Federalism * The First Amendment * Speech "Plus" * Flag Burning * Free Exercise of Religion * The Religious Freedom Restoration Act * Church and State * Rights of the Accused * Conclusion
44. CONSTITUTIONAL ISSUES AT THE END OF THE TWENTIETH CENTURY
Congress and Foreign Policy * The Courts and Foreign Policy * The Legislative Veto Control of the Budget * The Twenty-seventh Amendment * Term Limits * Iran-Contra * The Bork Nomination * The Thomas Nomination * The Line Item Veto * The Role of the Independent Counsel * Clinton's Impeachment * The Election of 2000 * Conclusion
APPENDIXES
THE DECLARATION OF INDEPENDENCE
CONSTITUTION OF THE UNITED STATES
JUSTICES OF THE U.S. SUPREME COURT
Case Index
Subject Index
Each chapter ends with a "For Further Reading" section

Reviews

"I have the greatest admiration for A March of Liberty's comprehensiveness and its clarity. No other work combines legal and constitutional history so well, or is so attractively written. The book is well-known and well-respected by those who are teaching the subject and is certain to be adopted widely."--Richard Polenberg, Cornell University
"A March of Liberty is easily the best and most complete textbook of U.S. Constitutional history in print."--Judith Kelleher Schafer, Murphy Institute, Tulane University
"I've taught this topic for several decades and have used every textbook. As measured by them and on its own merits, Urofsky and Finkelman's is superior in every way It is literate, uncondescending, up to the mark on scholarly interpretation, and although provocative, it avoids ideology."--Harold Hyman, Rice University