Forging New Freedoms: Nativism, Education, and the Constitution, 1917-1927U of Nebraska Press, 01 հնվ, 1994 թ. - 277 էջ In several landmark decisions during the mid-1920s, the U.S. Supreme Court significantly expanded the scope of the Constitution's protection of individual freedom by striking down state laws designed to repress or even destroy privateøand parochial schools. Forging New Freedoms explains the origins of na-tivistic hostility toward German and Japanese Americans, Roman Catholics, Lutherans, and other groups whose schools became the object of assaults during and shortly after World War I. The book explores the campaigns to restrict foreign language instruction and to require compulsory public education. It also examines the background of Meyer v. Nebraska and Farrington v. Tokushige, in which the Court invalidated laws that restricted the teaching of foreign languages, and Pierce v. Society of Sisters, which nullified an Oregon law that required all children to attend public elementary schools. Drawing upon diverse sources, including popular periodicals, court briefs, and unpublished manuscripts, William G. Ross explains how the Court's decisions commenced the Court's modern role as a guardian of civil liberties. He also traces the constitutional legacy of those decisions, which have provided the foundation for the controversial right of privacy. Ross's interdisciplinary exploration of the complex interaction among ethnic and religious institutions, nativist groups, public opinion, the legislative process, and judicial decision-making provides fresh insights into both the fragility and the resilience of civil liberties in the United States. While the campaigns to curtail nonpublic education offer a potent reminder of the ever-present dangers of majoritarian tyranny, the refusal of voters and legislators to exact more extreme measures was a tribute to the tolerance of American society. The Court's decisions provided notable examples of how the judiciary can pro-tect embattled minorities who are willing to fight to protect their rights. |
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The Origins of the School Controversies | 7 |
The War against German America | 30 |
The Postwar Hysteria | 57 |
The Americanization of Nebraska | 74 |
The Fight against the Language Laws | 96 |
The Supreme Courts Invalidation of the Language Laws пу | 115 |
The Michigan and Washington State School Bills | 134 |
The Oregon School Law | 148 |
The Hawaiian Case | 174 |
The Constitutional Legacy of the School Decisions | 185 |
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Anglo-Americans anti-Catholicism argued argument attorney Bartels Brief Brommer Committee compulsory public education constitutional contended Council of Defense culture declared economic educa elementary schools enacted English English language ethnic feared federal foreign languages Fourteenth Amendment German Americans German language Graebner Papers guage Guthrie hereinafter cited Historical hostility Ibid immigrants Iowa Japanese Klan Ku Klux Klan language laws language schools legislation legislature liberties Lincoln Daily Star Lutheran Church Lutheran Schools Masons measure ment Meyer and Pierce Missouri Missouri Synod Mullen National nativists Nebraska Norval Act NSHS Ohio opponents Oregon School parents parochial education parochial schools pastor patriotism police power political private schools prohibit proponents protect Public Safety Commission public schools religion religious freedom Roman Catholic Roman Catholic church School Bill Sept Siman Act Society statute substantive due process Supreme Court Taft teachers Theodore Graebner tion U.S. Supreme Court University voters William Howard Taft York Zion