TAILIEUCHUNG - Constructing Civil Liberties Discontinuities in the Development of American Constitutional Law

This is a book about the paths of constitutional development culminating in the . Supreme Court’s landmark civil liberties and civil rights jurisprudence of the 1960s and 1970s. The roads to Mapp v. Ohio (1961) (search and seizure/privacy), University of California Board of Regents v. Bakke (1978) (affirmative action), Engle v. Vitale (1962) (separation of church and state), and other emblematic decisions marking the high tide of twentieth-century constitutional liberalism, I argue here, should be understood not as the issue of a single, linear and unidimensional path marked by the post–New Deal Court’s newfound willingness to protect “personal” (as opposed to “economic”) rights and liberties, and tracing out the. | Constructing Civil Liberties Discontinuities in the Development of American Constitutional Law KEN I CAMBUWI Cambridge 9780521811781 This page intentionally left blank Constructing Civil Liberties Discontinuities in the Development of American Constitutional Law The modern jurisprudence of civil liberties and civil rights is best understood not as the outgrowth of an applied philosophical project involving the application of principles to facts but as a developmental product of diverse institutionalized currents of reformist political thought. This book demonstrates that rights of individuals in the criminal justice system workplace and school were the endpoint of a succession of progressive-spirited ideological and political campaigns of statebuilding and reform. In advancing this vision of constitutional development this book integrates the developmental paths of civil liberties law into an account of the rise of the modern state and the reformist political and intellectual movements that shaped and sustained it. In doing so Constructing Civil Liberties provides a vivid multilayered revisionist account of the genealogy of contemporary constitutional law and morals. Ken I. Kersch is assistant professor in the Department of Politics at Princeton University. He is recipient of the American Political Science Association s Edward S. Corwin Award 2000 . His articles have appeared in Political Science Quarterly Studies in American Political Development The Public Interest and The Washington Post. He is the author of Freedom of Speech Rights and Liberties Under the Law 2003 and The Supreme Court and American Political Development 2005 with Ronald Kahn

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