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America's Lone Star ConstitutionHow Supreme Court Cases from Texas Shape the Nation$

Lucas A. Powe Jr.

Print publication date: 2018

Print ISBN-13: 9780520297807

Published to California Scholarship Online: September 2018

DOI: 10.1525/california/9780520297807.001.0001

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(p.131) Part III Texas and Cultural Issues (p.132)

(p.131) Part III Texas and Cultural Issues (p.132)

America's Lone Star Constitution

Lucas A. Powe

University of California Press

(p.133) Texas, like the rest of the South, turned Republican by the end of the twentieth century when the effects of the Civil Rights Act and the Voting Rights Act were fully realized. But Texas was concerned with issues of morality and order before the state turned Republican. Roe v. Wade was litigated at a time when Democrats were in as complete control of Texas as Republicans have been in this century. But as Texas became more Republican, issues of abortion, speech, and religion became more contested and salient. In addition to the already visited areas of federal power and equal protection, the cultural wars have brought to bear the Due Process Clause of the Fourteenth Amendment as well as the Speech and Religion Clauses of the First Amendment. They do this in no small part because civil liberties came to dominate the Court’s constitutional docket once fights over economic issues were put to rest by the New Deal revolution. (p.134)