Confronting the Constitution

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Author :
Publisher : American Enterprise Institute Press
ISBN 13 :
Total Pages : 576 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Confronting the Constitution by : Allan David Bloom

Download or read book Confronting the Constitution written by Allan David Bloom and published by American Enterprise Institute Press. This book was released on 1990 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 17 essays in this volume examine first the precepts of the Founding Fathers and their mentors. Then the most significant preconstitutional ideas are outlined, together with analyses of how they harmonize with the Constitution and how they undermine it.

Our Undemocratic Constitution

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Author :
Publisher : Oxford University Press
ISBN 13 : 0195365577
Total Pages : 260 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Our Undemocratic Constitution by : Sanford Levinson

Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.

The Presidents and the Constitution

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Author :
Publisher : NYU Press
ISBN 13 : 1479839906
Total Pages : 711 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The Presidents and the Constitution by : Ken Gormley

Download or read book The Presidents and the Constitution written by Ken Gormley and published by NYU Press. This book was released on 2016-05-10 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.

Ratification

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Author :
Publisher : Simon and Schuster
ISBN 13 : 0684868555
Total Pages : 608 pages
Book Rating : 4.6/5 (848 download)

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Book Synopsis Ratification by : Pauline Maier

Download or read book Ratification written by Pauline Maier and published by Simon and Schuster. This book was released on 2011-06-07 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.

The Constitution in Jeopardy

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Publisher : Hachette UK
ISBN 13 : 1541701542
Total Pages : 316 pages
Book Rating : 4.5/5 (417 download)

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Book Synopsis The Constitution in Jeopardy by : Russ Feingold

Download or read book The Constitution in Jeopardy written by Russ Feingold and published by Hachette UK. This book was released on 2022-08-30 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: A former U.S. senator joins a legal scholar to examine a hushed effort to radically change our Constitution, offering a warning and a way forward. Over the last two decades, a fringe plan to call a convention under the Constitution's amendment mechanism—the nation's first ever—has inched through statehouses. Delegates, like those in Philadelphia two centuries ago, would exercise nearly unlimited authority to draft changes to our fundamental law, potentially altering anything from voting and free speech rights to regulatory and foreign policy powers. Such a watershed moment would present great danger, and for some, great power. In this important book, Feingold and Prindiville distill extensive legal and historical research and examine the grave risks inherent in this effort. But they also consider the role of constitutional amendment in modern life. Though many focus solely on judicial and electoral avenues for change, such an approach is at odds with a cornerstone ideal of the Founding: that the People make constitutional law, directly. In an era defined by faction and rejection of long-held norms, The Constitution in Jeopardy examines the nature of constitutional change and asks urgent questions about what American democracy is, and should be.

Our Secret Constitution

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Publisher : Oxford University Press
ISBN 13 : 9780198032434
Total Pages : 308 pages
Book Rating : 4.0/5 (324 download)

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Book Synopsis Our Secret Constitution by : George P. Fletcher

Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post

The Cult of the Constitution

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Author :
Publisher : Stanford University Press
ISBN 13 : 1503609103
Total Pages : 310 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Cult of the Constitution by : Mary Anne Franks

Download or read book The Cult of the Constitution written by Mary Anne Franks and published by Stanford University Press. This book was released on 2019-05-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

Rationing the Constitution

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Author :
Publisher :
ISBN 13 : 0674986954
Total Pages : 281 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Rationing the Constitution by : Andrew Coan

Download or read book Rationing the Constitution written by Andrew Coan and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--

The Conservative Assault on the Constitution

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Author :
Publisher : Simon and Schuster
ISBN 13 : 1451606354
Total Pages : 338 pages
Book Rating : 4.4/5 (516 download)

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Book Synopsis The Conservative Assault on the Constitution by : Erwin Chemerinsky

Download or read book The Conservative Assault on the Constitution written by Erwin Chemerinsky and published by Simon and Schuster. This book was released on 2010-09-28 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.

Public Spaces, Marketplaces, and the Constitution

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Author :
Publisher : SUNY Press
ISBN 13 : 1438458436
Total Pages : 320 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis Public Spaces, Marketplaces, and the Constitution by : Anthony Maniscalco

Download or read book Public Spaces, Marketplaces, and the Constitution written by Anthony Maniscalco and published by SUNY Press. This book was released on 2015-10-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how the Supreme Court has banished free expression from shopping malls and other public spaces. In spite of their public attractions and millions of visitors, most shopping malls are now off-limits to free speech and expressive activity. The same may be said about many other public spaces and marketplaces in American cities and suburbs, leaving scholars and other observers to wonder where civic engagement is lawfully permitted in the United States. In Public Spaces, Marketplaces, and the Constitution, Anthony Maniscalco draws on key legal decisions, social theory, and urban history to demonstrate that public spaces have been split apart from First Amendment protections, while the expression of political ideas has been excluded from privately owned, publicly accessible malls. Today, the traditional indoor suburban shopping mall, that icon of modern American capitalism and culture, is being replaced by outdoor retail centers. Yet the law and courts have been slow to catch up. Maniscalco argues that scholars, students, and the public must confront these innovations in commercial design and consumer practices, as well as what they portend for contemporary metropolitan America and its civic spaces.

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century

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Author :
Publisher : Liveright Publishing
ISBN 13 : 1631493655
Total Pages : 935 pages
Book Rating : 4.6/5 (314 download)

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Book Synopsis Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century by : Geoffrey R. Stone

Download or read book Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century written by Geoffrey R. Stone and published by Liveright Publishing. This book was released on 2017-03-21 with total page 935 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.

A More Perfect Constitution

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Author :
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0802777562
Total Pages : 353 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis A More Perfect Constitution by : Larry J. Sabato

Download or read book A More Perfect Constitution written by Larry J. Sabato and published by Bloomsbury Publishing USA. This book was released on 2010-07-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.

The Agnostic Age

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 019973772X
Total Pages : 351 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Agnostic Age by : Paul Horwitz

Download or read book The Agnostic Age written by Paul Horwitz and published by Oxford University Press, USA. This book was released on 2011-02-17 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Argues that the fundamental reason for church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately reached a state of incoherence. He asserts that the answer to this dilemma is to take the agnostic turn: to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is"--Jacket.

How Rights Went Wrong

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Author :
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

The Second Creation

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Publisher : Harvard University Press
ISBN 13 : 067498952X
Total Pages : 402 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Second Creation by : Jonathan Gienapp

Download or read book The Second Creation written by Jonathan Gienapp and published by Harvard University Press. This book was released on 2018-10-09 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.

Making a New American Constitution

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Author :
Publisher :
ISBN 13 : 9781735548906
Total Pages : pages
Book Rating : 4.5/5 (489 download)

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Book Synopsis Making a New American Constitution by : George William Van Cleve

Download or read book Making a New American Constitution written by George William Van Cleve and published by . This book was released on 2020-09-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about constitutional reform. Today the Constitution is a dangerous threat to Abraham Lincoln's vision of government of the people, by the people, and for the people. It served the United States well during its early years, but has numerous remarkably undemocratic features. And the Constitution has an even graver overarching flaw. It is preventing us from making reforms needed to address the collapse of the middle class and to renew our rapidly decaying social bonds. The Constitution is a massive obstruction to national unity and to our country's survival.Today we are a multicultural, racially diverse, heavily urbanized society. And we are now in danger of being governed permanently by a wealthy oligarchy. Our middle class is headed toward collapse, and our democracy cannot survive its demise. Steadily deteriorating socioeconomic conditions facing millions of poor and middle-class Americans are almost certain to result in a political crisis that may weaken or shatter our union.To avoid such a catastrophe, it will be essential for us to make extensive political, social, and economic reforms based on constitutional changes that will enable all Americans to view their government as truly fair and firmly committed to creating equal life opportunities and justice for everyone, not just for one elite class or dominant race. This book explains why the Constitution is a major obstacle to reform, and what we will need to do to create a resilient democracy. It takes a deep look at the Constitution's undemocratic features, and then explores why the Constitution also makes unworkable piecemeal reforms, such as a constitutional amendment to take money out of politics or a balanced budget amendment. The time to change our government has come. Americans can and must hold a popular convention that can achieve a constitutional grand bargain resolving divisive issues, which will renew republican government and avoid permanent authoritarian rule by a wealthy oligarchy. The book explores how a popular convention can be held, and proposes a series of essential constitutional reforms.

Forging New Freedoms

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Author :
Publisher : U of Nebraska Press
ISBN 13 : 9780803239005
Total Pages : 304 pages
Book Rating : 4.2/5 (39 download)

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Book Synopsis Forging New Freedoms by : William G. Ross

Download or read book Forging New Freedoms written by William G. Ross and published by U of Nebraska Press. This book was released on 1994-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In several landmark decisions during the mid-1920s, the U.S. Supreme Court significantly expanded the scope of the Constitution's protection of individual freedom by striking down state laws designed to repress or even destroy privateøand parochial schools. Forging New Freedoms explains the origins of na-tivistic hostility toward German and Japanese Americans, Roman Catholics, Lutherans, and other groups whose schools became the object of assaults during and shortly after World War I. The book explores the campaigns to restrict foreign language instruction and to require compulsory public education. It also examines the background of Meyer v. Nebraska and Farrington v. Tokushige, in which the Court invalidated laws that restricted the teaching of foreign languages, and Pierce v. Society of Sisters, which nullified an Oregon law that required all children to attend public elementary schools. Drawing upon diverse sources, including popular periodicals, court briefs, and unpublished manuscripts, William G. Ross explains how the Court's decisions commenced the Court's modern role as a guardian of civil liberties. He also traces the constitutional legacy of those decisions, which have provided the foundation for the controversial right of privacy. Ross's interdisciplinary exploration of the complex interaction among ethnic and religious institutions, nativist groups, public opinion, the legislative process, and judicial decision-making provides fresh insights into both the fragility and the resilience of civil liberties in the United States. While the campaigns to curtail nonpublic education offer a potent reminder of the ever-present dangers of majoritarian tyranny, the refusal of voters and legislators to exact more extreme measures was a tribute to the tolerance of American society. The Court's decisions provided notable examples of how the judiciary can pro-tect embattled minorities who are willing to fight to protect their rights.