简介
"The Bicentennial of the Bill of Rights" is an occasion for celebration. It is also an opportunity to review the role of the Bill of Rights in American life and constitutional order. The essays in this volume, informed by a historical perspective, focus on contemporary issues and explore the current understanding of the Bill of Rights. The essays and the contributors are: "Rights Consciousness in American History," Daniel T. Rodgers; "The Explosion and Erosion of Rights," Gary L. McDowell; "Symbolic Speech and the First Amendment," Paul L. Murphy; "Church and State: The Religion Clauses," Melvin I. Urofsky; "Public Safety and the Right to Bear Arms," Robert J. Cottrol and Raymond T. Diamond; "The Enigmatic Place of Property Rights in Modern Constitutional Thought," James W. Ely, Jr.; "Reversing the Revolution: Rights of the Accused in a Conservative Age," David J. Bodenhamer; "Police Practices and the Bill of Rights," Laurence A. Benner and Michal R. Belknap; "The 'Cruel and Unusual Punishment' Clause: A Limit on the Power to Punish or Constitutional Rhetoric!," Joseph L. Hoffmann; "Equal Protection and Affirmative Action," Hermal Belz; "A Ninth Amendment for Today's Constitution," Randy E. Barnett; and "Of Floors and Ceilings: The New Federalism and State Bills of Rights," Kermit L. Hall.
目录
Introduction
The Myth and Reality of Rights
Rights Consciousness in American History p. 3
The Explosion and Erosion of Rights p. 18
Modern Rights in Controversy
Symbolic Speech and the First Amendment p. 39
Church and State: The Religion Clauses p. 57
Public Safety and the Right to Bear Arms p. 72
The Enigmatic Place of Property Rights in Modern Constitutional Thought p. 87
Reversing the Revolution: Rights of the Accused in a Conservative Age p. 101
Police Practices and the Bill of Rights p. 120
The "Cruel and Unusual Punishment" Clause: A Limit on the Power to Punish or Constitutional Rhetoric? p. 139
Equal Protection and Affirmative Action p. 155
Rights Remembered, Revised, and Extended
A Ninth Amendment for Today's Constitution p. 177
Of Floors and Ceilings: The New Federalism and State Bills of Rights p. 191
Notes p. 207
Bibliographic Essays p. 222
Contributors p. 233
Table of Cases p. 235
Index p. 240
The Myth and Reality of Rights
Rights Consciousness in American History p. 3
The Explosion and Erosion of Rights p. 18
Modern Rights in Controversy
Symbolic Speech and the First Amendment p. 39
Church and State: The Religion Clauses p. 57
Public Safety and the Right to Bear Arms p. 72
The Enigmatic Place of Property Rights in Modern Constitutional Thought p. 87
Reversing the Revolution: Rights of the Accused in a Conservative Age p. 101
Police Practices and the Bill of Rights p. 120
The "Cruel and Unusual Punishment" Clause: A Limit on the Power to Punish or Constitutional Rhetoric? p. 139
Equal Protection and Affirmative Action p. 155
Rights Remembered, Revised, and Extended
A Ninth Amendment for Today's Constitution p. 177
Of Floors and Ceilings: The New Federalism and State Bills of Rights p. 191
Notes p. 207
Bibliographic Essays p. 222
Contributors p. 233
Table of Cases p. 235
Index p. 240
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