The Bill of Rights in Modern America

The Bill of Rights in Modern America

Revised and Expanded
Edited by David J Bodenhamer and James W Ely Jr
Distribution: World
Publication date: 06/02/2008
Format: Paperback
ISBN: 978-0-253-21991-6
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Description

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.

Author Bio

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.

Reviews

“In this newly revised and expanded edition of The Bill of Rights in Modern America, twelve distinguished legal scholars discuss the history and the current national debate about the nature and extent of our individual rights. A thought-provoking read!”

““A worthy contribution to the continuing debate over the meaning of the American Bill of Rights. Comprehensive documentation; outstanding bibliographic essays.” —Choice “ . . . a collection of short and lively essays that make splendid reading for anyone interested in the law or civil liberties. They have also provided an excellent resource for stimulating and guiding classroom discussion.” —Journal of Southern History “This is an excellent collection of articles prepared by recognized specialists on the Bill of Rights . . . ” —The American Journal of Legal History Written by leading scholars in legal and constitutional issues, The Bill of Rights in Modern America addresses each of the first ten amendments to the U.S. Constitution and the modern controversies that surround them. Topics include symbolic speech and the First Amendment, church and state, public safety and the right to bear arms, rights of the accused in a conservative age, police practices and the Bill of Rights, the “cruel and unusual punishment” clause, affirmative action, and the New Federalism.”

““A worthy contribution to the continuing debate over the meaning of the American Bill of Rights. Comprehensive documentation; outstanding bibliographic essays.” —Choice “ . . . a collection of short and lively essays that make splendid reading for anyone interested in the law or civil liberties. They have also provided an excellent resource for stimulating and guiding classroom discussion.” —Journal of Southern History “This is an excellent collection of articles prepared by recognized specialists on the Bill of Rights . . . ” —The American Journal of Legal History Written by leading scholars in legal and constitutional issues, The Bill of Rights in Modern America addresses each of the first ten amendments to the U.S. Constitution and the modern controversies that surround them. Topics include symbolic speech and the First Amendment, church and state, public safety and the right to bear arms, rights of the accused in a conservative age, police practices and the Bill of Rights, the “cruel and unusual punishment” clause, affirmative action, and the New Federalism.”

“"Knowledgably compiled and expertly edited ... a great masterpiece of discussion for any group."October 2008”
 — The Midwestern Book Review

“A worthy contribution to the continuing debate over the meaning of the American Bill of Rights.”
 — Choice

“A collection of short and lively essays that make splendid reading for anyone interested in law or civil liberties [and] an excellent resource for stimulating and guiding classroom discussion.”
 — The Journal of Southern History

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Table of Contents

Contents
Introduction James W. Ely, Jr., and David J. Bodenhamer

The Bill of Rights (and the Fourteenth Amendment)

Part 1. The Myth and Reality of Rights
1. Rights Consciousness in American History Daniel T. Rodgers
2. The Explosion and Erosion of Rights Gary L. McDowell

Part 2. Modern Rights in Controversy
3. The First Amendment and the Freedom to Differ Suzanna Sherry
4. Church and State: The Religion Clauses Melvin I. Urofsky
5. Public Safety and the Right to Bear Arms Robert J. Cottrol and Raymond T. Diamond
6. The Enigmatic Place of Property Rights in Modern Constitutional Thought James W. Ely, Jr.
7. Reversing the Revolution: Rights of the Accused in a Conservative Age David J. Bodenhamer
8. Police Practices and the Bill of Rights Laurence A. Benner and Michal R. Belknap
9. "The "Cruel and Unusual Punishment" Clause: A Limit on the Power to Punish or Constitutional Rhetoric? Joseph L. Hoffmann
10. Equal Protection and Affirmative Action Herman Belz

Part 3. Rights Remembered, Revised, and Extended
11. The Right to Privacy Ken I. Kersch
12. Second Wind for the State Bill of Rights Randall T. Shepard

Notes
Bibliographic Essays
List of Contributors
Table of Cases
Index