Acknowledgments xi

Prologue xiii

Structure of the Book xvii

Part 1 The New Republic, 1781–1828 1

John Locke, Deism, and Religious Liberty 5

1 Ideological Origins of the New Republic 9

The Articles of Confederation and the Constitutional Convention 10

Ratification and the Bill of Rights 21

2 Representative and Constitutional Democracy 28

Judicial Review, Judicial Duty 31

Economic Policy in the New Republic 35

3 Nationalization of the Constitution and Executive Power 45

Part 2 The Slave Republic, 1789–1877 53

Constitutional Amendments 56

4 Commerce, Nullification, and Slavery 59

Other Economic Rulings 60

The Nullification Controversy 62

Dred Scott 65

5 Civil War and Reconstruction 70

Lincoln and War 71

Reconstruction 78

6 Rights and Privileges 84

Privileges and Immunities 86

Women’s Rights 89

Persecution of Newly Freed Slaves 91

Part 3 The Free Market Republic, 1877–1937 95

Constitutional Amendments 96

7 The Development of Substantive Due Process 99

Procedural Due Process 100

Substantive Due Process 101

Restraint of Trade in the Free Market Era 105

Liberty of Contract 107

Regulating Industry 111

The Great Depression 113

8 Civil Rights After Reconstruction 115

Equality and African‐Americans 115

Parents and Educational Rights 123

The Right to be Let Alone 125

9 The Re‐emergence of Executive Power 126

Leadership and the Presidency 126

America and World War I 128

Criminal Anarchy and Criminal Syndicalism in the 1920s 137

Part 4 The Welfare State Republic, 1937–1995 143

Constitutional Amendments 144

10 Advocates and Enemies of Social Welfare 147

The Court Changes 149

New Social Welfare Programs 153

11 The Growth of Civil Liberties 154

Free Expression 154

Free Press 158

Religious Establishments 160

Criminal Suspects and Capital Punishment 164

Privacy 167

12 The Civil Rights Movement 172

School Desegregation 172

Civil and Voting Rights 175

Strict Scrutiny and Affirmative Action in Higher Education 177

Affirmative Action in Government Contracts 181

Women’s Rights and Affirmative Action 182

13 Expanding Presidential Power 186

Presidential Power and Japanese Internments 187

Military Tribunals 191

Vietnam and its Aftermath 192

Re‐emergence of a Powerful Executive 195

Part 5 The Contemporary Republic, 1995–2013 199

14 Federal Commerce Power and Economic Regulation 201

Narrowing Federal Commerce Power 202

Health‐care Reform 205

15 Rights, Liberties, and Judicial Doctrines 209

Affirmative Action and Education 209

Campaign Finance 212

The Right to Bear Arms 213

Capital Punishment 216

The Right to Privacy 218

Religious Establishments 220

16 Executive Authority and Terrorism 224

Protecting America in an Era of Terrorism 224

Wars in Afghanistan and Iraq 229

Executive Power Under Barack Obama 233

Epilogue 239

Government and the Economy 241

Government and Individual and Civil Rights 243

Executive Power 254

A Republic if you can Keep it 257

Bibliography 260

Prologue 261

Part 1: The New Republic, 1781–1828 262

Part 2: The Slave Republic, 1789–1877 263

Part 3: The Free Market Republic, 1877–1937 263

Part 4: The Welfare State Republic, 1937–1995 264

Part 5: The Contemporary Republic, 1995–2013 265

Epilogue 267

Index 268

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