Title: Constitutionalism and American culture : writing the new constitutional history /
Authors: VanBurkleo, Sandra F., 1944-; Hall, Kermit.; Kaczorowski, Robert J.; Hall, Kermit L., 1944-2006.
Publisher: University Press of Kansas,
Year: 2002
Subjects: Constitutional history United States; Culture and law History.
Abstract: Taking their cue from the late Paul L. Murphy, one of our nation's leading legal historians, this illustrious group of scholars argues that the field of constitutional history is "too important to be left solely to lawyers and judges." Their "state-of-the-field" volume reclaims constitutional history's rightful place as a vital and necessary part of our intellectual enterprise, in part by pushing the field onto fresh, even controversial, terrain. Much as Murphy has done, these scholars contend that this restoration is much needed and will greatly enrich judicial and public policy, advance a tradition of justice worthy of America's democratic aspirations, give due attention to cultural contexts, and, most importantly, afford Americans a richer understanding of their constitutional heritage.
Contents: Constitutional contexts : the theory of history and the Process of constitutional change in revolutionary America / David Thomas Konig -- The inverted constitution : enforcing constitutional rights -- In the nineteenth century / Robert J. Kaczorowski -- The rise and fall of classical legal thought: preface to the modern constitution / William M. Wiecek -- The modern constitutional Republic in historical perspective -- Free speech and the bifurcated review project : The 'preferred position" cases / G. Edward White -- The roles of lawyers in a civil liberties crisis : Hawaii during World War II / Harry N. Scheiber and Jane L. Scheiber -- Constitutional equality for women : losing the battle but winning the war / Cynthia Harrison -- The Warren court and equality / Michael R. Belknap -- The overlooked litigant in Tinker v. Des Moines Independent community school district (1960) / John W. Johnson -- Cultural history and the First Amendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross-examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors.