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Introduction
The US Constitution
OpenStax and Lumen Learning
The Articles of Confederation
The Development of the Constitution
The Ratification of the Constitution
Constitutional Change
The Judiciary
Guardians of the Constitution and Individual Rights
The Dual Court System
The Federal Court System
The Supreme Court
Judicial Decision-Making and Implementation by the Supreme Court
How the Supreme Court Selects Cases for Review
Tom Rozinski
How the Supreme Court Decides Cases
Incorporation of the Bill of Rights
What Are Civil Liberties?
Securing Basic Freedoms
The Rights of Suspects
Interpreting the Bill of Rights
First Attempt
Collected works
Second Attempt under the P&I Clause
The Door Opens under the Due Process Clause
Two Track Incorporation
One Path Forward
Privileges and Immunities Redux
Table of Incorporation
Does the Bill of Rights Apply to the States?
The Court Changes its Direction
Religious Exercise and Establishment
The Lemon Test
Establishment Clause in Schools
Establishment Clause in the Public Square
Prayer at Government Meetings
Sunday Blue Laws
Free Exercise Clause: Valid Secular Policy
Free Exercise Clause: Applying Strict Scrutiny
Free Exercise Clause: The Smith Test
A New Era?
What is a religion?
Free Exercise of Religion
Making Sense of the Establishment Clause
Foundations of Freedom of Expression
What Is the Media?
The Evolution of the Media
Regulating the Media
The Impact of the Media
Protecting Communication from Government Censorship
Modern Day Approaches to Freedom of Expression
Compelled Communication
First Amendment Freedoms
[Author removed at request of original publisher]
Freedom of the Press
The Boundaries of Free Expression
The Right to Keep and Bear Arms
Expanding Gun Rights Outside the Home
Historical Cases
The Debate Emerges
A Standard Emerges
Privacy and Personal Liberty
The Right of Interstate Travel
Building a Right
The Right to Privacy
Investigations and Evidence
Attorneys, Trials & Punishments
Litigating Cases Involving Fundamental Freedoms
1. Justices Serving on the Court 1990-2009
2. Justices Serving on the Court 2010-2025
Race Discrimination and the Foundations of Equal Protection
What Are Civil Rights and How Do We Identify Them?
The African American Struggle for Equality
The Fight for Women’s Rights
Civil Rights for Indigenous Groups: Native Americans, Alaskans, and Hawaiians
Equal Protection for Other Groups
From Separate but Equal to Desegregation
How Courts Review Racial Discrimination
Defining State Action
Educational Affirmative Action
Economic Affirmative Action
Contemporary Approaches to Equal Protection
The Right to Marriage
Historical Treatment of Gender
“Setting the Standard”
Applying the New Standard
Equal Protection beyond Race and Gender
Appendix
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