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Praise for the previous edition: “An excellent collection . . . prepared by recognized specialists on the Bill of Rights.” —The American Journal of Legal History “The editors succeed in providing a collection of short and lively essays that make splendid reading for anyone interested in law or civil liberties [and] an excellent resource for stimulating and guiding classroom discussion.” —The Journal of Southern History “A worthy contribution to the continuing debate over the meaning of the American Bill of Rights. Comprehensive documentation; outstanding bibliographical essays.” —Choice The Bill of Rights is central to American conceptions of liberty, but it has not always enjoyed this position. At first, the protections guaranteed to individuals restricted the federal government alone; most were not fully extended to states until the 1960s or later. Even then, the so-called incorporation of the Bill of Rights through the 14th Amendment did not end contention about the nature and extent of these rights. In the last two decades, the debates over the proper division of power between the federal and state governments and among the branches of the central government have become especially heated, fueled by concern over national security and a bitter struggle about how far individual rights extend. Today, several constitutional principles—federalism, security, and rights—are once again in conflict, this time in a highly polarized political environment . This book examines the significance of the Bill of Rights in modern society. Informed by a historical perspective, it focuses on contemporary issues and explores the current understanding of the Bill of Rights. Written for a general audience, the new edition has been thoroughly revised and expanded to address the impact of the Rehnquist years. The contributors are Michal R. Belknap, Laurence A. Benner, Herman Belz, David J. Bodenhamer,RobertJ.Cottrol,RaymondT.Diamond,JamesW.Ely,Jr.,JosephL.Hoffmann, Ken I. Kersch, Gary L. McDowell, Daniel T. Rodgers, Randall T. Shepard, Suzanna Sherry, and Melvin I. Urofsky. David J. Bodenhamer is Professor of History and Executive Director of the Polis Center at Indiana University–Purdue University, Indianapolis. He is author of The Pursuit of Justice: Crime and Law in Antebellum Indiana; Fair Trial: Rights of the Accused in American History; and Our Rights. James W. Ely, Jr., is Milton R. Underwood Professor of Law and Professor of History at Vanderbilt University. He is author of The Guardian of Every Other Right: A Constitutional History of Property Rights. 1-800-842-6796 The Billof Rights in Modern America Revised and Expanded Edited by David J. Bodenhamer and James W. Ely, Jr. Law Political Science INDIANA INDIANA University Press Bloomington & Indianapolis $21.95 Bodenhamer and Ely The Bill of Rights in Modern America THE BILL OF RIGHTS IN MODERN AMERICA THE BILL OF RIGHTS IN MODERN AMERICA Revised and Expanded Edited by DAVID J. BODENHAMER and JAMES W. ELY, JR. Indiana University Press Bloomington & Indianapolis This book is a publication of Indiana University Press 601 North Morton Street Bloomington, Indiana 47404-3797 USA Telephone orders 800-842-6796 Fax orders 812-855-7931 Orders by email First edition titled The Bill of Rights in Modern America: After 200 Years© 1993, 2008 by Indiana University Press All rights reserved No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher. The Association of American University Presses’ Resolution on Permissions constitutes the only exception to this prohibition. The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. Manufactured in the United States of America Library of Congress Cataloging-in-Publication Data The Bill of Rights in modern America / edited by David J. Bodenhamer and James W. Ely, Jr. — Rev. and expanded p. cm. Includes bibliographical references and index. ISBN-13: 978-0-253-35159-3 (cloth : alk. paper) ISBN-13: 978-0-253-21991-6 (pbk. : alk. paper) 1. United States. Constitution. 1st–10th Amendments. 2. Civil rights—United States. I. Bodenhamer, David J. II. Ely, James W., [date] KF4550.A2B49 2008 342.7308’5—dc22 2007043211 1 2 3 4 5 13 12 11 10 09 08 ...


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