Freedom and the Court: Civil Rights and Liberties in the United States

Freedom and the Court: Civil Rights and Liberties in the United States

Freedom and the Court: Civil Rights and Liberties in the United States

Freedom and the Court: Civil Rights and Liberties in the United States

Excerpt

This is essentially a study of the lines that must be drawn by a democratic society as it attempts to reconcile individual freedom with the rights of the community. No single book could cope with the entire field of civil rights and liberties, and no attempt is made to do so here. Rather, it has been my aim to analyze and evaluate the basic problem of drawing lines between individual rights and community rights and to venture some conclusions or suggestions in those spheres that constitute the basic rights and liberties: freedom of religion and the attendant problem of separation of Church and State; freedom of expression; due process of law, particularly procedural safeguards in criminal law; and political and racial equality. The three introductory chapters -- the third comprising a thorough analysis of the problem of Amendment Fourteen and "incorporation" -- are designed to focus the study and to stress my belief that it is essential to recognize and comprehend the significant role the judicial branch of the United States Government, with the Supreme Court as its apex, has played in defining and strengthening the basic rights and liberties that accrue to us from the principle of a government under constitutionalism, a government that is limited in its impact upon individual freedom.

As usual, I am indebted to many colleagues for the essential stimulation, criticism, and encouragement. I am particularly grateful to Professor Alpheus T. Mason of Princeton who read the entire manuscript; to Professors David Fellman of Wisconsin and Rocco J. Tresolini of Lehigh who were generous discussants; and to my departmental colleague, Charles Jasper Cooper, who proved a valued "sounding board" down the hall. My research assistant, Judy F. Lang, was a delightful and industrious aid. Dr. Joan I. Gotwals of the Van Pelt Library kindly provided me with a "secret annex" in which I could work in quiet seclusion. Mrs. Dorothy E. Carpenter typed the manuscript cheerfully and conscientiously. Byron S. Hollinshead, Jr. . . .

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