The Bill of Rights in Modern America

This newly revised and expanded edition ofThe Bill of Rights in Modern Americacaptures the noisy and potentially defining 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 and the current debates on these and other important rights issues in a book that is certain to stimulate thoughtful discussion among all citizens.

David J. Bodenhamer is Professor of History and Executive Director of the Polis Center at Indiana University--Purdue University, Indianapolis. He is author or editor of several books and more than thirty book chapters and journal articles. He lives in Carmel, Indiana.

James W. Ely, Jr., is Milton R. Underwood Professor of Law and Professor of History at Vanderbilt University. He is author of The Guardian of Every Other Right: A Constitutional History of Property Rights and American Legal History: Cases and Materials, among other works. He lives in Nashville,Tennessee.

Introduction	p. vii
The Bill of Rights (and the Fourteenth Amendment)	p. 1
The Myth and Reality of Rights
Rights Consciousness in American History	p. 7
The Explosion and Erosion of Rights	p. 25
Modern Rights in Controversy
The First Amendment and the Freedom to Differ	p. 49
Church and State: The Religion Clauses	p. 67
Public Safety and the Right to Bear Arms	p. 88
The Enigmatic Place of Property Rights in Modern Constitutional Thought	p. 108
Reversing the Revolution: Rights of the Accused in a Conservative Age	p. 126
Police Practices and the Bill of Rights	p. 148
The "Cruel and Unusual Punishment" Clause: A Limit on the Power to Punish or Constitutional Rhetoric?	p. 172
Equal Protection and Affirmative Action	p. 190
Rights Remembered, Revised, and Extended
The Right to Privacy	p. 215
Second Wind for the State Bill of Rights	p. 241
Notes	p. 255
Bibliographic Essays	p. 281
List of Contributors	p. 297
Table of Cases	p. 301
Index	p. 304
Table of Contents provided by Ingram. All Rights Reserved.

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The Bill of Rights in Modern America

Summary

Author Biography

Table of Contents

Supplemental Materials