Table of Contents
Acknowledgments x
Author's Note xi
Introduction: "A Government of Laws, Not Men" 1
Note to the 2nd Revised & Updated Edition the Danger-and the Post-Scalia Future-of the Roberts Court's 5-4 Decisions 14
Chapter 1 How the Supreme Court Became Supreme 21
1 The Birth of a Unique Democracy 22
Marbury v. Madison (1803)
2 Did the Supreme Court Trigger the Civil War? 27
Dred Scott v. Sandford (1857)
Chapter 2 One Nation Under God? Matters of Church and State 35
3 The School Prayer Case: Religion in the Public Schools 36
Engel v. Vitale (1962)
4 The Scopes "Monkey Trial" Revisited: The Teaching of Evolution, Creationism, and "Intelligent Design" in Public Schools 40
Epperson v. Arkansas (1968)
5 Religion in Town Squares and Town Meetings 46
Van Orden v. Perry (2005)
McCreary County, Kentucky v. ACLU of Kentucky (2005)
Town of Greece v. Galloway (2014)
6 Can a Religious Belief Negate a Legal Requirement? 51
Burwell v. Hobby Lobby Stores, Inc. (2014)
Chapter 3 Innocent Until Proven Guilty: The Rights of the Accused 59
7 The Right to Be Represented by Counsel When Charged with a Crime 60
Gideon v. Wainwright (1963)
8 "You Have the Right to Remain Silent…": The Privilege Against Self-Incrimination 62
Miranda v. Arizona (1966)
Chapter 4 The Melting Pot: Race, Discrimination, and Diversity 67
9 Separate Is Not Equal: The End of Legalized Segregation 68
Brown v. Board of Education (1954)
10 Can One Race or Nationality Be Favored over Another in the Name of Diversity? 71
Gratz v. Bollinger (2003)
Grutter v. Bollinger (2003)
Fisher v. University of Texas (2016)
Chapter 5 Playing Politics 79
11 The End of Meaningful Campaign Finance Reform? 80
Citizens United v. Federal Election Commission (2010)
12 Did the Supreme Court Play Politics in the 2000 Election? 92
Bush v. Gore (2000)
Chapter 6 The Right To Do What You Want 99
13 The Unwritten Right of Privacy 100
Griswold v. Connecticut (1965)
14 Does the Right of Privacy Include the Right to an Abortion? 104
Roe v. Wade (1973)
Planned Parenthood v. Casey (1992)
Whole Woman's Health v. Hellerstedt (2016)
15 The Right to Die 108
Washington v. Glucksberg (1997)
16 The Right to Bear Arms 111
District of Columbia v. Heller (2008)
McDonald v. City of Chicago (2010)
17 The Constitutional Right to Marry 120
Obergefell et al v. Hodges (2014)
Chapter 7 "Big Government" In Your Business And Your Backyard 127
18 What Gives Congress the Right to Regulate Private Businesses? 128
West Coast Hotel Co. v. Parrish (1937)
19 What Are the Limits on Congress's Right to Regulate Business, and Beyond? 131
Heart of Atlanta Motel v. United States (1964)
Katzenbach v. McClung (1964)
20 Expanding the Right of Employees to Sue Their Employers 138
Burlington Industries v. Ellerth (1998)
21 Eliminating Monopolies and Price-Fixing: John D. Rockefeller and the Birth of the Antitrust Laws 142
Standard Oil Co. v. United States (1911)
22 Can the Government Take Your House to Promote a Private Business? 145
Kelo v. City of New London (2005)
23 You Can Sue City Hall 149
Monroe v. Pape (1961)
Chapter 8 Limiting the Imperial Presidency 153
24 The Steel-Seizure Case: How Far Can the President Go in the Name of National Security? 154
Youngstown Sheet & Tube Co. v. Sawyer (1952)
25 Nixon, Executive Privilege, and the Watergate Scandal 159
United States v. Nixon (1974)
26 Who Writes tire Rules of War? 164
Boumediene v. Bush (2008)
Al Odah v. U.S. (2008)
Chapter 9 How Free is Free Speech? 175
27 The Right to Be Repugnant 176
Brandenburg v. Ohio (1969)
28 Obscenity and the First Amendment 178
Miller v. California (1973)
29 The Flag-Burning Case: Can Conduct Be "Free Speech"? 183
Texas v. Johnson (1989)
30 The Freedom to Criticize Public Officials and Public Figures 186
New York Times Co. v. Sullivan (1964)
31 The Pentagon Papers Case: Balancing National Security against the People's Right to Know 190
New York Tunes Co. v. United States (1971)
Chapter 10 Old Laws and New Technologies 195
32 Music, Movies, Television, and the Internet 196
MGM Studios Inc. v. Grokster, Ltd. (2005)
ABC, Inc. v. Aereo, Inc. (2014)
33 How Much Privacy Are You Entitled to in a High-Tech World? 202
Kyllo v. United States (2001)
34 Do the Police Have the Right to Search Your Cell Phone? 207
Riley v. California (2014)
Afterword 211
Index 215
Photo Credits 225