Acknowledgments
Introduction, Ronald Kahn and Ken I. Kersch
Part I: Rethinking the Law Versus Politics Dichotomy: The Internal and External in Supreme Court Decision Making
1. Legal, Strategic or Legal Strategy: Deciding to Decide during the Civil War and Reconstruction, Mark A. Graber
2. Social Constructions, Supreme Court Reversals, and American Political Development: Lochner, Plessy, Bowers, but Not Roe, Ronald Kahn
Part II: The Supreme Court and Governing Political Orders and Regimes
3. The Supreme Court and the National Political Order: Collaboration and Confrontation, Mark Tushnet
4. Party Politics and Constitutional Change: The Political Origins of Liberal Judicial Activism, Howard Gillman
5. The New Deal Triumph as the End of History? The Judicial Negotiation of Labor Rights and Civil Rights, Ken I. Kersch
Part III: Constructing Authoritative Constitutional Meaning
6. (Re)Construction of Constitutional Authority and Meaning: The Fourteenth Amendment and Slaughter-House Cases, Wayne D. Moore
7. The Civil Rights Cases and the Lost Doctrine of State Neglect, Pamela Brandwein
Part IV: Insiders and Outsiders: Development and the Construction of Constitutional Inclusion
8. Pace v. Alabama: Interracial Love, the Marriage Contract, and Postbellum Foundations of the Family, Julie Novkov
9. Constitutionalizing Terms of Inclusion: Friends of the Indian and Citizenship for Native Americans, 1880s-1930s, Carol Nackenoff
10. From Bakke to Grutter: The Rise of Rights-Based Conservatism, Thomas M. Keck
Conclusion: Supreme Court Decision Making and American Political Development, Ronald Kahn and Ken I. Kersch
Contributors
Index