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Civil Rights and Liberties : Provocative Questions and Evolving Answers - Harold J. Sullivan

Civil Rights and Liberties

Provocative Questions and Evolving Answers

Paperback

Published: 16th June 2004
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This book examines contemporary and perennial constitutional issues in civil liberties and rights by posing questions designed to engage readers in an exploration of "how" and "why" U.S. Supreme Court Justices have interpreted the provisions of the U.S. Constitution relating to Freedom of Expression and Religion, and Equal Protection and Privacy. Each question is followed by an essay " answer" that explores, in a thought-provoking manner, the variety of ways these issues have been responded to in real cases. Chapter titles include: In Defense of Liberty; The First Amendment and Freedom of Expression; Freedom of Religion; Equality Under the Constitution; Privacy and Reproductive Freedom; Contemporary Issue of Equality and Freedom; and What is the Future of Constitutional Rights and Liberties in America? For Americans interested in the changing circumstances shaping our future, and the U.S. Supreme Court's reaction to them.

Prefacep. xi
Acknowledgmentsp. xii
Introduction: Judicial Defense of Civil Liberties and Civil Rightsp. 1
What Courts Dop. 4
How Do We Know What the Constitution Means?p. 7
The Fourteenth Amendment and the "Incorporation" of the Bill of Rightsp. 9
The Checkered History of Judicial Defense of Rights and Libertiesp. 15
Legislative Protections for Rights and Libertiesp. 17
Continuing Controversy: Why So Many Questions?p. 17
Referencesp. 19
The First Amendment and Freedom of Expressionp. 21
Introductionp. 21
What is "freedom of speech"?p. 23
How has the Court justified limits on the expression of ideas?p. 27
Shouldn't we ban dangerous ideas?p. 31
May the government punish those who engage in "hate speech"?p. 33
Why must society tolerate obscenity?p. 38
Why does the government permit sexually explicit material to invade our homes over the Internet?p. 42
Why not require that people in public debate tell the truth?p. 45
How is burning the American flag a form of free speech?p. 50
Why should a democratic society tolerate the expression of views that are offensive to the majority?p. 54
Referencesp. 57
Freedom of Religionp. 59
Introductionp. 59
Why can't government help advance the religious values that the majority of Americans share?p. 61
Are there limits on a person's right to practice his or her religion?p. 66
Doesn't banning "voluntary prayer" in public schools interfere with children's freedom of religion?p. 71
If secular groups are allowed access to the schools, shouldn't religious groups have the same rights?p. 75
Doesn't teaching evolution in the schools amount to the establishment of secular religion?p. 79
Is the separation of Church and state breaking down?p. 83
Referencesp. 87
Equality Under the Constitutionp. 89
Introductionp. 89
How does the Constitution make us equal?p. 91
If the Constitution commands "equal protection of the laws," why was racial segregation permitted for so long?p. 96
Why did the courts order "forced busing"?p. 99
Isn't "affirmative action" just another form of racial or sexual discrimination?p. 103
Do we still need a new Equal Rights Amendment (ERA) to secure gender equality?p. 109
How do you know if you are a victim of unconstitutional discrimination?p. 114
Referencesp. 119
Privacy and Individual Autonomyp. 121
How much privacy do we have a right to expect?p. 122
How did the "right to privacy" lead to a woman's right to have an abortion?p. 125
Does a fetus's "right to life" ever count more than a woman's right to privacy?p. 128
When may the state regulate private sexual relationships between consenting adults?p. 131
Why doesn't the "right to privacy" include the right to decide to end our lives?p. 135
Referencesp. 140
Contemporary Issue of Equality and Freedomp. 143
Introductionp. 143
What use are rights and liberties if you lack the resources to take advantage of them?p. 144
What use is freedom of speech if no one can hear you?p. 147
Is it possible for the wealthy few to dominate public debate and stifle the "free marketplace of ideas"?p. 151
Does the Constitution protect us from private institutions which interfere with our liberties and rights?p. 153
Referencesp. 159
Conclusion: What Is the Future of Civil Rights and Civil Liberties in America?p. 161
Referencesp. 163
The Constitution of the United Statesp. 165
Indexp. 187
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780131174351
ISBN-10: 0131174355
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 220
Published: 16th June 2004
Publisher: Pearson Education (US)
Country of Publication: US
Dimensions (cm): 22.9 x 15.2  x 1.27
Weight (kg): 0.32
Edition Number: 2
Edition Type: New edition