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

By Henry J. Abraham | Go to book overview

Contents
I INTRODUCTION ,3
II THE "DOUBLE STANDARD,"7
The Evolution of the Double Standard ,7
The Expression and Justification of the Double Standard ,12
III THE BILL OF RIGHTS AND ITS APPLICABILITY TO THE STATES ,26
Historical Background ,26
The Fourteenth Amendment ,28
The Evolution of "Incorporation,"46
Leading Positions on Incorporation ,73
IV THE FASCINATING WORLD OF "DUE PROCESS OF LAW,"79
Some Basic Guidelines ,80
Substantive and Procedural Due Process of Law ,82
Due Process of Law in Perspective ,114
V THE PRECIOUS FREEDOM OF EXPRESSION ,124
Some Basic Concepts ,125
Drawing Lines: Some Brief Examples ,127
Judicial Line Formulae ,157
Some Concluding Thoughts ,167
VI RELIGION ,172
Some Basic Considerations ,173
The Free Exercise of Religion ,182
"Establishment": The Separation of Church and State ,206
Some Principal Theories of Separation ,211

-ix-

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Freedom and the Court: Civil Rights and Liberties in the United States
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents ix
  • I - Introduction 3
  • II - The "Double Standard" 7
  • III - The Bill of Rights and Its Applicability to the States 26
  • IV - The Fascinating World of "Due Process of Law" 79
  • V - The Precious Freedom of Expression 124
  • VI - Religion 172
  • VII - Race: the American Dilemma 242
  • Appendix 313
  • Bibliographical Note 317
  • General Index 323
  • Index to Court Cases 331
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