Acknowledgments xi Prologue xiii Structure of the Book xvii Part 1 The New Republic, 1781 1828 1 John Locke, Deism, and Religious Liberty 5 1 Ideological Origins of the New Republic 9 The Articles of Confederation and the Constitutional Convention 10 Ratification and the Bill of Rights 21 2 Representative and Constitutional Democracy 28 Judicial Review, Judicial Duty 31 Economic Policy in the New Republic 35 3 Nationalization of the Constitution and Executive Power 45 Part 2 The Slave Republic, 1789 1877 53 Constitutional Amendments 56 4 Commerce, Nullification, and Slavery 59 Other Economic Rulings 60 The Nullification Controversy 62 Dred Scott 65 5 Civil War and Reconstruction 70 Lincoln and War 71 Reconstruction 78 6 Rights and Privileges 84 Privileges and Immunities 86 Women's Rights 89 Persecution of Newly Freed Slaves 91 Part 3 The Free Market Republic, 1877 1937 95 Constitutional Amendments 96 7 The Development of Substantive Due Process 99 Procedural Due Process 100 Substantive Due Process 101 Restraint of Trade in the Free Market Era 105 Liberty of Contract 107 Regulating Industry 111 The Great Depression 113 8 Civil Rights After Reconstruction 115 Equality and African-Americans 115 Parents and Educational Rights 123 The Right to be Let Alone 125 9 The Re-emergence of Executive Power 126 Leadership and the Presidency 126 America and World War I 128 Criminal Anarchy and Criminal Syndicalism in the 1920s 137 Part 4 The Welfare State Republic, 1937 1995 143 Constitutional Amendments 144 10 Advocates and Enemies of Social Welfare 147 The Court Changes 149 New Social Welfare Programs 153 11 The Growth of Civil Liberties 154 Free Expression 154 Free Press 158 Religious Establishments 160 Criminal Suspects and Capital Punishment 164 Privacy 167 12 The Civil Rights Movement 172 School Desegregation 172 Civil and Voting Rights 175 Strict Scrutiny and Affirmative Action in Higher Education 177 Affirmative Action in Government Contracts 181 Women's Rights and Affirmative Action 182 13 Expanding Presidential Power 186 Presidential Power and Japanese Internments 187 Military Tribunals 191 Vietnam and its Aftermath 192 Re-emergence of a Powerful Executive 195 Part 5 The Contemporary Republic, 1995 2013 199 14 Federal Commerce Power and Economic Regulation 201 Narrowing Federal Commerce Power 202 Health-care Reform 205 15 Rights, Liberties, and Judicial Doctrines 209 Affirmative Action and Education 209 Campaign Finance 212 The Right to Bear Arms 213 Capital Punishment 216 The Right to Privacy 218 Religious Establishments 220 16 Executive Authority and Terrorism 224 Protecting America in an Era of Terrorism 224 Wars in Afghanistan and Iraq 229 Executive Power Under Barack Obama 233 Epilogue 239 Government and the Economy 241 Government and Individual and Civil Rights 243 Executive Power 254 A Republic if you can Keep it 257 Bibliography 260 Prologue 261 Part 1: The New Republic, 1781 1828 262 Part 2: The Slave Republic, 1789 1877 263 Part 3: The Free Market Republic, 1877 1937 263 Part 4: The Welfare State Republic, 1937 1995 264 Part 5: The Contemporary Republic, 1995 2013 265 Epilogue 267 Index 268
