This is a book about the paths of constitutional development culminating in the . Supreme Court’s landmark civil liberties and civil rights jurisprudence of the 1960s and 1970s. The roads to Mapp v. Ohio (1961) (search and seizure/privacy), University of California Board of Regents v. Bakke (1978) (affirmative action), Engle v. Vitale (1962) (separation of church and state), and other emblematic decisions marking the high tide of twentieth-century constitutional liberalism, I argue here, should be understood not as the issue of a single, linear and unidimensional path marked by the post–New Deal Court’s newfound willingness to protect “personal” (as opposed to “economic”) rights and liberties, and tracing out the.
