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By Ken I. Kersch

This account of the improvement of the ultimate Court's glossy civil liberties and rights jurisprudence argues that the courts' intended "new main issue" for "personal freedoms" (after the hot Deal) really built because the outgrowth of a chain of hugely specific progressive-reformist ideological currents that shaped the trendy American kingdom. The book's theoretically-informed account of key paths of constitutional improvement therefore weaves American political suggestion, American political improvement, and constitutional legislations jointly.

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Extra resources for Constructing civil liberties: discontinuities in the development of American constitutional law

Example text

It takes these visions as it finds them in some cases, and actively transforms them in others. It resists change, negotiates change, and initiates change. The Court, in short, is a flashpoint or a crucible. It sits at the center of the conjunctions, multiple orders, and intercurrences that characterize the American political order, and, aware of its perpetually tenuous claim to authority, a claim based precariously on its status as a law follower rather than a law creator, labors to reconcile them plausibly in light of concrete, often crosscutting goals (and often in the absence of them).

Levy, Origins of the Fifth Amendment (New York: Macmillan, 1969); John Langbein, “The Historical Origins of the Privilege Against Self-Incrimination at Common Law,” Michigan Law Review 92 (1994): 1047–85; Ralph Rossum, “Self-Incrimination: The Original Intent,” in Eugene W. , The Bill of Rights: Original Meaning and Understanding (Charlottesville: University Press of Virginia, 1991), 273–87. xml Kersch 0 521 81178 3 May 19, 2004 Legibility and the Fourth and Fifth Amendments 11:9 37 The privilege, in short, was asserted in resistance to an affirmative central statebuilding project involving the construction of uniform and cohesive national allegiances and identity.

It embraces new ideological visions, at times as wholes, but at others only in part. It takes these visions as it finds them in some cases, and actively transforms them in others. It resists change, negotiates change, and initiates change. The Court, in short, is a flashpoint or a crucible. It sits at the center of the conjunctions, multiple orders, and intercurrences that characterize the American political order, and, aware of its perpetually tenuous claim to authority, a claim based precariously on its status as a law follower rather than a law creator, labors to reconcile them plausibly in light of concrete, often crosscutting goals (and often in the absence of them).

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