Preface
Note on Citations
1. Judging the Three Branches
Congress
The President
The Judiciary
The Warren Court
Individual Rights at Risk
Seeking a Better Balance
2. Founding Principles
Breaking with the British Model
Lessons from the Continental Congress
Drafting the Constitution
Proposing a Title for the President
the Bill of Rights
Scope of Public Participation
3. The Rights of Blacks
Ending Slavery
The Civil War
Congressional Safeguards, Judicial Opposition
Public Accommodations Legislation
From Plessy to Brown v. Board
The Civil Rights Act of 1964
The Continuing Dialogue
4. The Rights of Women
Blackstone’s Doctrine of Coverture
Myra Bradwell’s Effort to Practice Law
Belva Lockwood Goes to Congress
Judicial Rulings from 1875 to 1971
Equal Rights Amendment
Abortion Rights
Equal Pay Legislation
The Lilly Ledbetter Case
Additional Legislative Activity
5. The Rights of Children
Legislation on Child Labor
Invoking the Commerce Power
Turning to the Taxing Power
Congress Keeps Trying
Compulsory Flag Salutes
In the Lower Courts
The Supreme Court Decides
Having Second Thoughts
6. Protecting Religious Liberty
Constitutional Principles
Conscientious Objectors
Pacifism after World War I
Chaplains
Legislation on Polygamy
Exemptions in Prohibition Statutes
The Yarmulke Case
7. The Rights of Native Americans
Propagating the Gospel
Indian Removal
Stirrings of Reform
Protective Legislation
Religious Use of Peyote
Religious Freedom Restoration Act (RFRA)
Edison Chiloquin and Klamath Indians
8. Strengthening U.S. Democracy
Making Time for Legislative Work
Protecting Congressional Prerogatives
Improving Institutional Resources
Eliminating Gerrymandered Districts
Limiting Campaign Expenditures
About the Author
Index of Cases
Index of Subjects