Constructing Civil Liberties: Discontinuities in American Constitutional Law Book

1	Introduction	1
	The disintegration of the historical conditions that produce Whiggish constitutional histories	5
	Toward an affirmative theory of constitutional development in the new American state	11
	A note on periodization	13
	Cases : three sites of the construction of civil liberties in the new constitutional nation	17
	Toward a genealogy of contemporary constitutional morals	25
2	Reconstituting privacy and criminal process rights	27
	The project of legibility, the fourth and fifth amendments, and the new American state : introduction	29
	Federal "street crime" criminal process rights and the reintegration of the southern periphery into the national core	66
	The next reformist campaign : prohibition	72
	Incorporation and the Black-Frankfurter debate	84
	From prohibition to race : the nationalization and standardization of police procedures	88
	The waning of fourth and fifth amendment rights in service of the new administration state	112
	Race and the Warren-era criminal process revolution : the march of domestic atrocities	121
3	Reconstituting individual rights ; from labor rights to civil rights	134
	Labor individualism and liberty : the traditional ideological benchmark	137
	From calling to class : the ideological construction of the union worker	143
	Civil rights and labor rights : constitutional progress creates a new barrier	188
	New restraints on civil liberties in the interest of (reconstituted) "civil rights"	226
4	Education rights : reconstituting the school	235
	Introduction : the absence of education from narratives of American statebuilding	235
	Education and the American state before the statebuilding era	237
	Education in the statebuilding era : the social construction of autonomous intellectual inquiry and the American state	249
	Reviving the progressive vision after the lean years : the opportunities of the crash	277
	Court and classroom in the mid-twentieth century : the new state and the new pluralism	283
	The limits of peace : progress through contention	325
5	Conclusion	338
	The rise of global or world constitutionalism	341
	Integrating the United States into the global constitution : how lawyers and judges can help	348
	Conclusion : constructing civil liberties in the new constitutional nation	359