America's Lone Star Constitution : How Supreme Court Cases From Texas Shape the Nation

Texas Has Created More Constitutional Law Than Any Other State. In Any Classroom Nationwide, Any Basic Constitutional Law Course Can Be Taught Using Nothing But Texas Cases. That, However, Understates The History And Politics Behind The Cases. Beyond Representing All Doctrinal Areas Of Constitutional Law, Texas Cases Deal With The Major Issues Of The Nation. Leading Legal Scholar And Supreme Court Historian Lucas A. Powe, Jr. Charts The Rich And Pervasive Development Of Texas-inspired Constitutional Law. From Voting Rights To Railroad Regulations, Or School Finance To Capital Punishment, Poverty To Civil Liberties, This Wide-ranging And Eminently Readable Book Provides A Window Into The Relationship Between Constitutional Litigation And Ordinary Politics At The Supreme Court, Illuminating How All Of The Fiercest National Divides Over What The Constitution Means Took Shape In Texas--provided By Publisher. The All-white Primary -- After The Voting Rights Act -- From Discrimination To Affirmative Action -- Railroads -- Oil -- School Finance -- Immigration -- Freedom Of Speech And The Press -- Freedom Of And From Religion -- Abortion -- Prosecuting Consensual Adult Sex -- Capital Punishment -- Tom Delay's Mid-decade Redistricting. Lucas A. Powe, Jr. Includes Bibliographical References And Indexes. In 1964 the Supreme Court handed down a landmark decision in New York Times v. Sullivan guaranteeing constitutional protection for caustic criticism of public officials, thus forging the modern law of freedom of the press. Since then, the Court has decided case after case affecting the rights and restrictions of the press, yet little has ben written about these developments as they pertain to the Fourth Estate. Lucas Powe's essential book now fills this gap. Lucas A. Powe, Jr., a legal scholar specializing in media and the law, goes back to the framing of the First Amendment and chronicles the two main traditions of interpreting freedom of the press to illuminate the issues that today ignite controversy: How can a balance be achieved among reputation, uninhibited discussion, and media power?Under what circumstance can the government seek to protect national security by enjoining the press rather than attempting the difficult task of convincing a jury that publication was a criminal offense?What rights can the press properly claim to protect confidential sources or to demand access to information otherwise barred to the public?And, as the media grow larger and larger, can the government attempt to limit their power by limiting their size?Writing for the concerned layperson and student of both journalism and jurisprudence, Powe synthesizes law, history, and theory to explain and justify full protection of the editorial choices of the press. The Fourth Estate and the Constitution not only captures the sweep of history of Supreme Court decisions on the press, but also provides a timely restatement of the traditional view of freedom of the press at a time when liberty is increasingly called into question. Cover......Page 1 America’s Lone Star Constitution......Page 2 Title......Page 4 Copyright......Page 5 Dedication......Page 6 CONTENTS......Page 8 Acknowledgments......Page 10 Introduction......Page 12 PART I: TEXAS THE SOUTHERN STATE......Page 22 1. The All-White Primary......Page 26 2. After the Voting Rights Act......Page 39 3. From Discrimination to Affirmative Action......Page 56 PART II: TEXAS THE WESTERN STATE......Page 76 4. Railroads......Page 80 5. Oil......Page 92 6. School Finance......Page 107 7. Immigration......Page 126 PART III: TEXAS AND CULTURAL ISSUES......Page 142 8. Freedom of Speech and the Press......Page 146 9. Freedom of and from Religion......Page 166 10. Abortion......Page 184 PART IV: DISTINCTLY TEXAS......Page 206 11. Prosecuting Consensual Adult Sex......Page 210 12. Capital Punishment......Page 226 13. Tom DeLay’s Mid-Decade Redistricting......Page 248 Conclusion......Page 260 Notes......Page 274 Index of Supreme Court Cases......Page 305 General Index......Page 310 Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. This book charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberty, this book provides a window into the relationship between constitutional litigation and ordinary politics at the Texas Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.