Constructing Civil Liberties: Discontinuities in the Development of American Constitutional Law

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ISBN: 9780521811781 | 0521811783
Cover: Hardcover
Copyright: 8/2/2004

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This account of the development of the Supreme Court's modern civil liberties and rights jurisprudence argues that the courts' supposed "new concern" for "personal freedoms" (after the New Deal) actually developed as the outgrowth of a sequence of highly particular progressive-reformist ideological currents that formed the modern American state. The book's theoretically-informed account of key paths of constitutional development thus weaves American political thought, American political development, and constitutional law together.

Acknowledgments

vii

Introduction

(26)

The Disintegration of the Historical Conditions That Produce Whiggish Constitutional Histories

(6)

Toward an Affirmative Theory of Constitutional Development in the New American State

(2)

A Note on Periodization

(4)

Cases: Three Sites of the Construction of Civil Liberties in the New Constitutional Nation

(8)

Toward a Genealogy of Contemporary Constitutional Morals

(2)

Reconstituting Privacy and Criminal Process Rights

(107)

Introduction

(2)

The Project of Legibility, the Fourth and Fifth Amendments, and the New American State: Introduction

(37)

Federal ``Street Crime'' Criminal Process Rights and the Reintegration of the Southern Periphery into the National Core

(6)

The Next Reformist Campaign: Prohibition

(12)

Incorporation and the Black-Frankfurter Debate

(4)

From Prohibition to Race: The Nationalization and Standardization of Police Procedures

(24)

The Waning of Fourth and Fifth Amendment Rights in Service of the New Administrative State

112

(9)

Race and the Warren-Era Criminal Process Revolution: The March of Domestic Atrocities

121

(11)

Conclusion

132

(2)

Reconstituting Individual Rights: From Labor Rights to Civil Rights

134

(101)

Introduction

134

(3)

Labor Individualism and Liberty: The Traditional Ideological Benchmark

137

(6)

From Calling to Class: The Ideological Construction of the Union Worker

143

(45)

Civil Rights and Labor Rights: Constitutional Progress Creates a New Barrier

188

(38)

New Restraints on Civil Liberties in the Interest of (Reconstituted) ``Civil Rights''

226

(7)

Conclusion

233

(2)

Education Rights: Reconstituting the School

235

(103)

Introduction: The Absence of Education from Narratives of American Statebuilding

235

(2)

Education and the American State before the Statebuilding Era

237

(12)

Education in the Statebuilding Era: The Social Construction of Autonomous Intellectual Inquiry and the American State

249

(28)

Reviving the Progressive Vision after the Lean Years: The Opportunities of the Crash

277

(6)

Court and Classroom in the Mid-Twentieth Century: The New State and the New Pluralism

283

(42)

The Limits of Peace: Progress Through Contention

325

(11)

Conclusion

336

(2)

Conclusion

338

(25)

The Rise of Global or World Constitutionalism

341

(7)

Integrating the United States into the Global Constitution: How Lawyers and Judges Can Help

348

(11)

Conclusion: Constructing Civil Liberties in the New Constitutional Nation

359

(4)

List of Cases

363

(8)

Index

371

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Constructing Civil Liberties: Discontinuities in the Development of American Constitutional Law

Summary

Table of Contents

Supplemental Materials