"Focuses on four Supreme Court cases involving Japanese Americans who were forcibly detained and relocated to interment camps in the early months of World War II, despite the absence of any charges or trials to address the validity of their implied guilt. Daniels, one of the acclaimed authorities on this subject, reminds us that Constitution promises much but does not always deliver when the nation is in crisis"--
In this witty and provocative study of sex and marriage manuals, M.E. Melody and Linda M. Peterson reveal that permissiveness, prohibition, and, tellingly, persuasion and enforcement-from sermons and hellfire to mutilation and electroshock-have informed popular sex education over the past hundred and twenty years. From the late Victorian obsession with masturbation and hygiene, to the "if it feels good, do it" ethos of The Joy of Sex, America's disposition to sex has evolved from a general squeamishness to a veritable cult of mutual orgasm. But despite the recent emphasis on "voluptuous pleasure," the basic power dynamic underlying the discourse on sex has been remarkably resistant to change. The authors reveal that, even as sexual behavior changed during periods of upheaval, the prescriptive literature on sex has remained traditional at its core, promoting sex within marriage for the purpose of reproduction. A cross-generational account of the major constructions of masculinity and femininity from 1880 to the present day, Teaching America About Sex serves up a lucid and entertaining reading of the twentieth century's vexed relationship with sex.
This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws; it precluded state governments from violating U.S. treaty obligations. Before 1945, treaty supremacy and self-execution were independent doctrines. Supremacy governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the President. In 1945, the U.S. ratified the UN Charter, which obligates nations to promote human rights "for all without distinction as to race." In 1950, a California court applied the Charter's human rights provisions and the traditional treaty supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had effectively abrogated Jim Crow laws throughout the South by ratifying the UN Charter. In response, conservatives mobilized support for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. The de facto Bricker Amendment created a novel exception to the treaty supremacy rule for non-self-executing (NSE) treaties. The exception permits state governments to violate NSE treaties without authorization from the federal political branches. The death of treaty supremacy has significant implications for U.S. foreign policy and for U.S. compliance with its treaty obligations.