Preface (2000)

This second edition of the Encyclopedia of the American Constitution represents the compilation of twenty years' work. It gathers together in one source all of the articles written for the original four-volume set published in 1986; articles in the supplementary volume published in 1992; and new articles on developments in the 1990s. Our initial intention was to publish a second supplementary volume, but as publication drew near it became clear that the combination of the original work with two supplements, each with articles of relevance to researchers and students of particular topics, would be unwieldy. For example, one looking for an overview of Freedom of Speech would have had to look up articles in three separate volumes to form a complete picture. With this second edition, all articles on a single topic are placed together and dated, for easy retrieval in one search.

This edition contains 361 new articles by 237 authors. Some of these authors contributed to the original Encyclopedia or Supplement I or both, but we have sought to expand the list to include a new generation of scholars. As before, most of the contributors are academic lawyers, yet some articles are written by judges, practicing lawyers, historians, or political scientists. Every article is signed by its author. We have continued to encourage writers to use the essay form, expressing their own views as they wish. We recruited authors with the purpose of presenting a wide range of views. For new articles on some controversial subjects we have sought to provide contrasting views under the same title (e.g., Same-Sex Marriage, I and II; Workplace Harassment and Freedom of Speech, I and II).

The substantial new material of this edition focuses mainly on the constitutional issues arising since the publication of Supplement I in 1992. During this time, two new Justices have joined the U.S. Supreme Court: Justice Ruth Bader Ginsburg replaced Justice Byron R. White, and Justice Stephen G. Breyer replaced Justice Harry A. Blackmun. We have been saddened during these years by the deaths of Chief Justice Warren E. Burger, and Justices William J. Brennan, Jr., Thurgood Marshall, Lewis F. Powell, Jr., and Harry A. Blackmun.

We have not only updated topics covered in earlier volumes, but also included a great many articles on topics not previously covered. Some of these articles represent relatively new subject matter (e.g., DNA testing and genetic privacy, the Internet and freedom of expression, the Twenty-Seventh Amendment). Others offer new perspectives on doctrinal or historical subjects of longer standing (e.g., deliberative democracy, economics of affirmative action, jury service as a political right, the Seneca Falls Convention).

During the past decade, the constitutional philosophy of the Rehnquist Court has become more identifiable, clarified by many decisions of signifi- cant constitutional import. Although easily labeled as "conservative," the Court has in fact been as activist as its recent predecessors in setting forth new doctrine. Nowhere is this more evident than in the Rehnquist Court's rulings scaling back the ability of criminal defendants to use the writ of habeas corpus to obtain federal judicial review, and its rulings in the area of federalism, where expansive notions of states' rights have cabined federal power for the first time since the days of the New Deal. In a notable decision, the Court refused to create a new constitutional right to die with the aid of a physician; in another, it clearly held for the first time that people using the public streets have a constitutional right to loiter without police interference. In other areas of vibrant national interest, such as free speech, abortion, voting rights, and affirmative action, the Court has continued generally along the paths of its predecessors, although often reshaping the precise contours of controlling doctrine.

Although the courts remain the primary subject of constitutional analysis, we have broadly defined the subject of this Encyclopedia to include legislative developments on issues of constitutional import (e.g., welfare rights); historically significant incidents that evaded judicial review (e.g., the impeachment of President William J. Clinton); and developments in the realm of theory (e.g., critical race theory). Such an approach corresponds to a recently expanded body of scholarly work challenging the view that the judiciary is the sole interpreter of the Constitution. The original volumes of the Encyclopedia shared this broad definition of constitutional law.

To encourage browsing we have continued the original practice of incorporating extensive cross-referencing into the articles. A cross-reference is indicated by small capitals, enabling the reader to know where he or she can turn to discover more on related topics. Often the reader who follows these signs will find the issues discussed from a different perspective. With only a handful of exceptions, this second edition's coverage of topics ended in mid- 1999, when we "closed the book" at the end of the Supreme Court's October 1998 term.

We are grateful to Elly Dickason and Brian Kinsey of Macmillan Reference for their unfailing help throughout the planning and the editorial process that produced this second edition. We are indebted as well to the numerous authors who contributed to this project; both their patience and insight were requisite for the project's fulfillment. Finally, we owe everything to our loving wives, Elyse Levy, Smiley Karst, and Melissa Bomes, for their support and encouragement throughout the long years of editing this Encyclopedia.