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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.
Except in a few instances, since World War II no American soldier or sailor has been attacked by enemy air power. Conversely, no enemy soldier orsailor has acted in combat without being attacked or at least threatened by American air power. Aviators have brought the air weapon to bear against enemies while denying them the same prerogative. This is the legacy of the U.S. AirForce, purchased at great cost in both human and material resources.More often than not, aerial pioneers had to fight technological ignorance, bureaucratic opposition, public apathy, and disagreement over purpose.Every step in the evolution of air power led into new and untrodden territory, driven by humanitarian impulses; by the search for higher, faster, and farther flight; or by the conviction that the air way was the best way. Warriors have always coveted the high ground. If technology permitted them to reach it, men, women andan air force held and exploited it-from Thomas Selfridge, first among so many who gave that "last full measure of devotion"; to Women's Airforce Service Pilot Ann Baumgartner, who broke social barriers to become the first Americanwoman to pilot a jet; to Benjamin Davis, who broke racial barriers to become the first African American to command a flying group; to Chuck Yeager, a one-time non-commissioned flight officer who was the first to exceed the speed of sound; to John Levitow, who earned the Medal of Honor by throwing himself over a live flare to save his gunship crew; to John Warden, who began a revolution in air power thought and strategy that was put to spectacular use in the Gulf War.Industrialization has brought total war and air power has brought the means to overfly an enemy's defenses and attack its sources of power directly. Americans have perceived air power from the start as a more efficient means of waging war and as a symbol of the nation's commitment to technology to master challenges, minimize casualties, and defeat adversaries.