America's Freedoms – serie

This volume provides in a single source a thorough grounding in the origin, development, and current controversies surrounding the free practice of religion.The first boatloads of European settlers did not come to America advocating religious tolerance. They came seeking the freedom to practice their own religion. Other sects, they believed, were wrong at best and, at worst, not to be tolerated.The question of what constitutes "legitimate," constitutionally protected religious practice has been debated ever since. Does it include the use of peyote? Polygamy? Refusing medical care for a sick child? Freedom of Religion follows the evolving understanding of the concept of religious freedom from Great Britain to the New World, through hundreds of U.S. courtrooms, to the volatile modern-day issues of school prayer and faith-based initiatives. The thorough, responsible, and cool-headed analysis presented here offers readers a solid grounding in the constitutional issues behind the headlines.Four chapters discuss the development of religious freedom from its roots in tribal societies through key court decisions of the 1990sA chronology outlines significant events and court decisions from 1776 to 2001, and a table lists all of the pertinent cases alphabetically

An objective examination of the Second Amendment, focusing on the intentions of its authors, its evolution from America's beginnings to the present, and the views expressed by the courts.In The Right to Bear Arms: Rights and Liberties under the Law, the first volume in ABC-CLIO's America's Freedoms series, political scientist Robert J. Spitzer combats hysteria and rhetoric with simple facts.He takes no position on whether more or fewer gun control laws are needed or whether guns are good or bad. Instead, he traces the roots of the Second Amendment, analyzes the opinions and intentions of its authors, follows its application and evolution from its beginnings, and explores the views expressed by the courts. He then carefully compares the intended and the implied meaning of this amendment with the views expressed by the entire spectrum of groups involved in the gun control issue. Armed with the facts, readers can decide for themselves.A detailed analysis traces the right to bear arms from its origins in Britain into the 21st centuryThe book includes key primary source documents, such as federal regulations and Supreme Court decisions, a list of the right to bear arms provisions from 44 state constitutions, and excerpts from the Republican and Democratic Party platforms

An objective examination of the Second Amendment, focusing on the intentions of its authors, its evolution from America's beginnings to the present, and the views expressed by the courts.In The Right to Bear Arms: Rights and Liberties under the Law, the first volume in ABC-CLIO's America's Freedoms series, political scientist Robert J. Spitzer combats hysteria and rhetoric with simple facts.He takes no position on whether more or fewer gun control laws are needed or whether guns are good or bad. Instead, he traces the roots of the Second Amendment, analyzes the opinions and intentions of its authors, follows its application and evolution from its beginnings, and explores the views expressed by the courts. He then carefully compares the intended and the implied meaning of this amendment with the views expressed by the entire spectrum of groups involved in the gun control issue. Armed with the facts, readers can decide for themselves.

An innovative narrative approach combines history, politics, and legal doctrine to explore the origin and evolution of Americans' constitutional right to free speech.In a field dominated by jargon-filled texts and march-of-progress treatments, this book presents an insightful introduction to freedom of speech, skillfully blending legal analysis with accounts of how staunchly contested historical, political, and cultural issues often influenced legal reasoning.The volume traces the origins of the freedom in English law and its development through the founding of the United States, and examines how the unique struggles of 19th century Americans over such issues as political parties, slavery, women's rights, and economic inequality transformed this traditional English right into a distinctively American one. The book outlines the ways in which the U.S. Supreme Court became the prime interpreter of the meaning of free speech and introduces readers to current court rulings on the First Amendment. It also speculates about the political and legal developments likely to emerge in the new century.A–Z entries survey key individuals, laws, events, judicial decisions, statutes, institutions, organizations, and conceptsFour narrative chapters examine constitutional history, evolution of ideas in this area, contemporary concerns and controversies, and prospects for the near future based on today's challenges to the status quo

In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue.The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment."Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes.A focused list of primary source documents includes the Magna Carta, the Northwest Ordinance, the 5th, 8th, and 14th Amendments, and excerpts from the Federalist PapersAppendixes include tables and charts on public opinion on the death penalty, state statistics, federal sentencing guidelines, and a bibliography

In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue.The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment."Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes.

An innovative narrative approach combines history, politics, and legal doctrine to explore the origin and evolution of Americans' constitutional right to free speech.In a field dominated by jargon-filled texts and march-of-progress treatments, this book presents an insightful introduction to freedom of speech, skillfully blending legal analysis with accounts of how staunchly contested historical, political, and cultural issues often influenced legal reasoning.The volume traces the origins of the freedom in English law and its development through the founding of the United States, and examines how the unique struggles of 19th century Americans over such issues as political parties, slavery, women's rights, and economic inequality transformed this traditional English right into a distinctively American one. The book outlines the ways in which the U.S. Supreme Court became the prime interpreter of the meaning of free speech and introduces readers to current court rulings on the First Amendment. It also speculates about the political and legal developments likely to emerge in the new century.

An extensive analysis of two complementary rights of the accused, their interpretation by the U.S. Supreme Court, and the ongoing debate over their role in the criminal justice system.Right to Counsel and Privilege against Self-Incrimination: Rights and Liberties under the Law explores the origins, historical development, current status, and future of two rights intended to protect persons accused of crimes. Two shocking case studies—Powell v. Alabama and Brown v. Mississippi—reveal the brutal injustices suffered by Southern blacks in the 1930s and explain how the Supreme Court made landmark decisions to expand the coverage of the right to counsel and the privilege against self-incrimination.After a brief review of the English and colonial origins of these rights, a careful analysis of each focuses primarily on the revolutionary cases of the 20th century that produced a convergence of these rights in the famous case of Miranda v. Arizona (1966). The work examines subsequent cases and discusses issues that lie ahead, including those related to the war on terror.

A thorough introduction to privacy law, covering landmark cases, important themes, historical curiosities, and enduring controversies.The Right to Privacy: Rights and Liberties under the Law measures the impact of what Louis Brandeis called, "The most comprehensive of rights and the most valued by civilized man." As the book shows, an individual's right to privacy is not a written-in-stone concept, but one that emerged from the "shadows" of a number of amendments and court decisions. The book traces that concept to its philosophical and common law roots, then looks at how privacy rights have been interpreted, expanded, and sometimes curtailed throughout the 20th century.It concludes with a review of privacy rights today, examining landmark recent cases involving euthanasia, polygamy, reproductive rights for inmates, same-sex unions, adoption by gays and lesbians, the right to withhold personal information, and more.A source materials section consisting of critical primary documents, court decisions, statutory provisions, etc., reprinted in excerpted form and preceded by brief headnotes explaining the significance and background of the reproduced materialA background reference section—alphabetically arranged entries, combining scholarship with insight, on important people, laws, events, legal issues, constitutional issues, judicial decisions, statutes, places, institutions, offices, organizations, terms, and concepts that are central to understanding the right to privacy

A thorough introduction to privacy law, covering landmark cases, important themes, historical curiosities, and enduring controversies.The Right to Privacy: Rights and Liberties under the Law measures the impact of what Louis Brandeis called, "The most comprehensive of rights and the most valued by civilized man." As the book shows, an individual's right to privacy is not a written-in-stone concept, but one that emerged from the "shadows" of a number of amendments and court decisions. The book traces that concept to its philosophical and common law roots, then looks at how privacy rights have been interpreted, expanded, and sometimes curtailed throughout the 20th century.It concludes with a review of privacy rights today, examining landmark recent cases involving euthanasia, polygamy, reproductive rights for inmates, same-sex unions, adoption by gays and lesbians, the right to withhold personal information, and more.

This volume provides in a single source a thorough grounding in the origin, development, and current controversies surrounding the free practice of religion.The first boatloads of European settlers did not come to America advocating religious tolerance. They came seeking the freedom to practice their own religion. Other sects, they believed, were wrong at best and, at worst, not to be tolerated.The question of what constitutes "legitimate," constitutionally protected religious practice has been debated ever since. Does it include the use of peyote? Polygamy? Refusing medical care for a sick child? Freedom of Religion follows the evolving understanding of the concept of religious freedom from Great Britain to the New World, through hundreds of U.S. courtrooms, to the volatile modern-day issues of school prayer and faith-based initiatives. The thorough, responsible, and cool-headed analysis presented here offers readers a solid grounding in the constitutional issues behind the headlines.

A survey of the evolution of property rights in the United States—from constitutional protections and due process to private property rights and government-takings doctrines.Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as due process, just compensation for government "takings" of private property, and the rights landowners may assert against other persons.Of particular interest to today's readers are government regulation of private property for environmental purposes, challenges to zoning regulations, and intellectual property rights in cyberspace.Alphabetical list of key people, cases, events, judicial decisions, statutes, and terms that are central to an understanding of property rights in the United StatesReprints of key materials including constitutional provisions, excerpts from court rulings, and statutes

A survey of the evolution of property rights in the United States—from constitutional protections and due process to private property rights and government-takings doctrines.Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as due process, just compensation for government "takings" of private property, and the rights landowners may assert against other persons.Of particular interest to today's readers are government regulation of private property for environmental purposes, challenges to zoning regulations, and intellectual property rights in cyberspace.

From colonial times to the information age, an exhaustive survey of one of America's most contentious constitutional rights.Freedom of Association: Rights and Liberties under the Law chronicles the evolution of a right derived from but not granted in the First Amendment—freedom of association. An opening analysis of the Supreme Court's ruling against a gay adult member of the Boy Scouts of America illustrates the range and complexity of this issue.Historical discussions of colonial America, including the British Parliament's efforts to suppress political associations, set the stage for a careful scrutiny of the political and legislative activities of the 1950s and 1960s when the Supreme Court established freedom of association as a constitutionally protected right. A concluding chapter delves into the contemporary issues of antidiscriminatory and campaign finance laws and explores the ever-present tension between liberty—freedom from the state—and equality—protection by the state.Extensive A–Z entries on individuals like Alexis de Tocqueville and Robert Putnam, organizations such as the NAACP, and concepts, terms, and eventsChronology of key developments in the history of freedom of association, including Boy Scouts of America v. Dale and the Communist Control Act of 1954

From colonial times to the information age, an exhaustive survey of one of America's most contentious constitutional rights.Freedom of Association: Rights and Liberties under the Law chronicles the evolution of a right derived from but not granted in the First Amendment—freedom of association. An opening analysis of the Supreme Court's ruling against a gay adult member of the Boy Scouts of America illustrates the range and complexity of this issue.Historical discussions of colonial America, including the British Parliament's efforts to suppress political associations, set the stage for a careful scrutiny of the political and legislative activities of the 1950s and 1960s when the Supreme Court established freedom of association as a constitutionally protected right. A concluding chapter delves into the contemporary issues of antidiscriminatory and campaign finance laws and explores the ever-present tension between liberty—freedom from the state—and equality—protection by the state.

An introductory survey of the government's role in America's continuing drive for equality.Today's lingering inequalities, particularly the "American dilemma" of racism, runs throughout U.S. history. Equal Protection provides readers with a historical overview of the controversies over the issue of equality, an understanding of how government-and, particularly, the courts and Congress-has reacted to these controversies, and the role these issues have played in shaping U.S. society.This volume follows the push for equal treatment regardless of age, gender, disabilities, economic status, or sexual orientation. It focuses on legislation such as the Americans with Disabilities Act, and political initiatives and movements such as The Great Society, the ERA, and the War on Poverty. Here are American's interpretations of equal rights, then and now.Includes a section of A–Z entries covering people, laws, events, judicial decisions, statutes, and concepts related to equal protection in the United StatesPrimary source documents include court decisions, executive orders, and legislation that shaped the status of equal protection in our society today

An introductory survey of the government's role in America's continuing drive for equality.Today's lingering inequalities, particularly the "American dilemma" of racism, runs throughout U.S. history. Equal Protection provides readers with a historical overview of the controversies over the issue of equality, an understanding of how government-and, particularly, the courts and Congress-has reacted to these controversies, and the role these issues have played in shaping U.S. society.This volume follows the push for equal treatment regardless of age, gender, disabilities, economic status, or sexual orientation. It focuses on legislation such as the Americans with Disabilities Act, and political initiatives and movements such as The Great Society, the ERA, and the War on Poverty. Here are American's interpretations of equal rights, then and now.

An authoritative yet accessible analysis of the historical development and contemporary scope of press freedoms in America.Freedom of the Press: Rights and Liberties under the Law examines the evolution of press freedom in America, a particularly relevant topic given the controversy over the role of the press in the war in Iraq, as well as the growing concentration of ownership of the press, and the impact of the Internet on traditional journalism. An opening analysis of challenges from recent developments like Internet journalist Matt Drudge's "Drudge Report" illustrates the opportunities and implications of a press operating without the traditional gate-keeping process.A historical overview of philosophical ideas and English traditions precedes an exploration into the judicial, regulatory, social, political, and economic developments that have shaped press freedoms, addressing such issues as libel, free press versus fair trial, and access to courtrooms. A chapter is devoted to the impact of new communication and transmission technology such as videophones and satellites.Extensive A–Z entries on key individuals such as Anthony Comstock, events including conflicts in the Middle East and Afghanistan, and concepts and termsChronology of key developments in the history of press freedom, including the growing conglomeration of the media

An authoritative yet accessible analysis of the historical development and contemporary scope of press freedoms in America.Freedom of the Press: Rights and Liberties under the Law examines the evolution of press freedom in America, a particularly relevant topic given the controversy over the role of the press in the war in Iraq, as well as the growing concentration of ownership of the press, and the impact of the Internet on traditional journalism. An opening analysis of challenges from recent developments like Internet journalist Matt Drudge's "Drudge Report" illustrates the opportunities and implications of a press operating without the traditional gate-keeping process.A historical overview of philosophical ideas and English traditions precedes an exploration into the judicial, regulatory, social, political, and economic developments that have shaped press freedoms, addressing such issues as libel, free press versus fair trial, and access to courtrooms. A chapter is devoted to the impact of new communication and transmission technology such as videophones and satellites.

A timely, historical look at Fourth Amendment jurisprudence, covering more than two centuries of search-and-seizure law, from landmark judicial decisions to enduring controversies.Unreasonable Searches and Seizures: Rights and Liberties under the Law provides a comprehensive exploration of the development of the Fourth Amendment from the late 18th century to the present. The work clearly explains complex legal questions and pivotal judicial decisions, illustrating the controversial nature of Fourth Amendment issues and differentiating between reasonable and unreasonable searches and seizures.Presenting a wealth of cases and examples, the authors analyze important developments, such as the impact of the Supreme Court's decision in Weeks v. United States (prohibiting federal courts from admitting evidence obtained in violation of the Amendment), the expansion of Fourth Amendment protections in the 1960s, the apparent weakening of rights since the early 1970s, and the contraction of the exclusionary rule in response to the war on drugs and the war on terror.A–Z listing of key individuals, historical events, and landmark court cases, including Boyd v. United States, the chief justiceship of Earl Warren, the Rehnquist Court, the war on drugs, and the war on terrorismExcerpts from critical primary documents, court decisions, and statutory provisions

A timely, historical look at Fourth Amendment jurisprudence, covering more than two centuries of search-and-seizure law, from landmark judicial decisions to enduring controversies.Unreasonable Searches and Seizures: Rights and Liberties under the Law provides a comprehensive exploration of the development of the Fourth Amendment from the late 18th century to the present. The work clearly explains complex legal questions and pivotal judicial decisions, illustrating the controversial nature of Fourth Amendment issues and differentiating between reasonable and unreasonable searches and seizures.Presenting a wealth of cases and examples, the authors analyze important developments, such as the impact of the Supreme Court's decision in Weeks v. United States (prohibiting federal courts from admitting evidence obtained in violation of the Amendment), the expansion of Fourth Amendment protections in the 1960s, the apparent weakening of rights since the early 1970s, and the contraction of the exclusionary rule in response to the war on drugs and the war on terror.