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Author: Robert P. Green
Publisher: Greenwood
ISBN: 0313303509
Category : History
Languages : en
Pages : 0
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Book Description
Trace the roots of the concept of equal protection from the American Revolution and the formation of the Constitution through its application today using this collection of 177 primary documents from a variety of sources. Students can use this unique reference resource to examine the tension between the concept of equal protection and recognition of slavery in the constitutional order, to explore the devitalization and revitalization of the 14th and 15th Constitutional amendments from the era of Jim Crow through the Civil Rights movement, and to study current court rulings on equal protection of the law. Petitions, laws, court decisions, personal accounts, and a variety of other documents bring to life the experiences of African Americans in the American constitutional order. Five historical periods are explored with particular emphasis on the concept of equal protection of the law and its particular embodiment in the 14th Amendment. These include: the roots of the concept of equal protection in the Anglo-American experience, the lives of African Americans under a Constitution that incorporated equal protection yet recognized slavery, the 14th and 15th Amendments and the development of Jim Crow, 20th-century developments in the application of equal protection to race, and the accomplishments of the Civil Rights movement and developments since that time. The introductory and explanatory text helps readers understand the nature of the conflicts, the issues being litigated, and the social and cultural pressures that shaped each debate. This welcome resource will provide students with the opportunity to understand the various arguments put forth in different debates, encouraging readers to consider all sides when drawing their own conclusions.
Author: Robert P. Green
Publisher: Greenwood
ISBN: 0313303509
Category : History
Languages : en
Pages : 0
Get Book Here
Book Description
Trace the roots of the concept of equal protection from the American Revolution and the formation of the Constitution through its application today using this collection of 177 primary documents from a variety of sources. Students can use this unique reference resource to examine the tension between the concept of equal protection and recognition of slavery in the constitutional order, to explore the devitalization and revitalization of the 14th and 15th Constitutional amendments from the era of Jim Crow through the Civil Rights movement, and to study current court rulings on equal protection of the law. Petitions, laws, court decisions, personal accounts, and a variety of other documents bring to life the experiences of African Americans in the American constitutional order. Five historical periods are explored with particular emphasis on the concept of equal protection of the law and its particular embodiment in the 14th Amendment. These include: the roots of the concept of equal protection in the Anglo-American experience, the lives of African Americans under a Constitution that incorporated equal protection yet recognized slavery, the 14th and 15th Amendments and the development of Jim Crow, 20th-century developments in the application of equal protection to race, and the accomplishments of the Civil Rights movement and developments since that time. The introductory and explanatory text helps readers understand the nature of the conflicts, the issues being litigated, and the social and cultural pressures that shaped each debate. This welcome resource will provide students with the opportunity to understand the various arguments put forth in different debates, encouraging readers to consider all sides when drawing their own conclusions.
Author: William D. Araiza
Publisher: NYU Press
ISBN: 1479848999
Category : Law
Languages : en
Pages : 320
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Book Description
For over a century, Congress’s power to enforce the Fourteenth Amendment’s guarantee of “the equal protection of the laws” has presented judges and scholars with a puzzle. What does it mean for Congress to “enforce” such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress’s enforcement power and its relationship to the Court’s claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court’s equal protection jurisprudence stops short of stating such core meaning, thus leaving Congress free (subject to appropriate judicial checks) to enforce the full scope of the constitutional guarantee. Araiza’s thesis reconciles the Supreme Court’s ultimate role in interpreting the Constitution with Congress’s superior capacity to transform the Fourteenth Amendment’s majestic principles into living reality. The Fourteenth Amendment’s Enforcement Clause raises difficult issues of separation of powers, federalism, and constitutional rights. Araiza illuminates each of these in this scholarly, timely work that is both intellectually rigorous but also accessible to non-specialist readers.
Author: David L. Hudson
Publisher: Enslow Publishing
ISBN: 9780766019041
Category : Juvenile Nonfiction
Languages : en
Pages : 132
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Book Description
Explores the significance of the Fourtheenth Amendment through the country's history and legal cases and discusses why there was a need for this amendment, how it was created, and fully explains the major sections and clauses.
Author: Donald Wilson Jackson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 318
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Book Description
Jackson unravels the complex meanings of equal protection doctrine and its various interpretations over the last 134 years. After comparing equal protection laws in the U.S. to those in Canada and India and certain provisions of international law, he offers possible ways to resolve apparently intractable conflicts between individualism and affirmative action policies.
Author: Anne Richardson Oakes
Publisher: Routledge
ISBN: 1317160061
Category : Law
Languages : en
Pages : 328
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Book Description
This collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms. Divided into five parts, the study focusses on the connections between equal protection jurisprudence, discrimination in its contemporary manifestations, the implications of identity politics and the moral and political conceptualizations of equality that represent the parameters of debate. Drawing on historical analysis and disciplinary insights of the social sciences, the book bridges the gap between theory and practice. The themes presented and analyses developed are among some of the most contentious currently in America, and will be of interest not just to lawyers and legal academics, but also to inter-disciplinary social science researchers, including sociologists, economists and political scientists.
Author: David L. Hudson Jr.
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Law
Languages : en
Pages : 325
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Book Description
This book uses primary sources to closely examine the Equal Protection Clause of the Fourteenth Amendment and to show how legal interpretations of it have had a profound impact on American life as we know it. The Fourteenth Amendment addresses many aspects of American citizenship, including the rights of citizens. The most commonly used—and frequently litigated—phrase in the amendment is "equal protection of the laws." This phrase has figured prominently in a plethora of landmark cases in U.S. history dealing with a variety of issues, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), University of California v. Bakke (racial quotas in college admissions), and Obergefell v. Hodges (gay marriage). This book closely examines the history and development of the Equal Protection Clause and details the many ways in which it has shaped U.S. history. Selections show how the equal protection clause came into being in the post-Civil War era; feature seminal Supreme Court decisions on the nature and extent of applications of the equal protection clause in American life and law through the years; and include documents that consider the impact that the equal protection clause has had and may have on American society in the 21st century.
Author: Donald E. Lively
Publisher: Bloomsbury Publishing USA
ISBN: 0313389969
Category : Law
Languages : en
Pages : 208
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Book Description
Race, as this book demonstrates, has been a factor in the Constitution's framing, ratification, and development. Examined specifically and in detail are: * the accommodation of slavery to create a viable republic; * the Union's experience with and eventual undoing by slavery; * reconstruction of the nation pursuant to seminal principles of racial equality; * persisting efforts to limit or defeat constitutional provisions for equality and opportunity; * the desegregation mandate and its devolution; and * modern problems in accounting for a legacy of racial discrimination and disadvantage. The Constitution is the overarching statement of popular will and consent and thus an especially apt prism through which to discern racial truths and the context and values that influence them. Constitutional law affords a particularly useful departure point for acquiring perspective upon moral reality and legal possibility. This book is rich in its analysis of the Supreme Court's response to society's ambiguities, concerns, and conscience in the matters of race. In examining problems and issues which historically have engendered dispute and division, it suggests a potentially consensual basis of ascertaining the Constitution's still unfinished business. The nation's enduring ambivalence and the price it pays in less than consistent constitutional interpretations on racial questions is both enlightening and disturbing. The questions, of course, are at the heart of a democracy and involve personhood, citizenship, liberty, and equality. The Constitution and Race will be valuable to political scientists, historians, sociologists, lawyers, and students.
Author: Judith A. Baer
Publisher: Cornell University Press
ISBN: 1501722751
Category : Law
Languages : en
Pages : 450
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Book Description
The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
Author: Lawrence Goldstone
Publisher: Catapult
ISBN: 1640095764
Category : Political Science
Languages : en
Pages : 305
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Book Description
Winner of the Lillian Smith Book Award An award–winning constitutional law historian examines case–based evidence of the court's longstanding racial bias (often under the guise of "states rights") to reveal how that prejudice has allowed the court to solidify its position as arguably the most powerful branch of the federal government. One promise of democracy is the right of every citizen to vote. And yet, from our founding, strong political forces were determined to limit that right. The Supreme Court, Alexander Hamilton wrote, would protect the weak against this very sort of tyranny. Still, as On Account of Race forcefully demonstrates, through the better part of American history the Court has instead been a protector of white rule. And complex threats against the right to vote persist even today. Beginning in 1876, the Supreme Court systematically dismantled both the equal protection guarantees of the Fourteenth Amendment and what seemed to be the right to vote in the Fifteenth. And so a half million African Americans across the South who had risked their lives and property to be allowed to cast ballots were stricken from voting rolls by white supremacists. This vacuum allowed for the rise of Jim Crow. None of this was done in the shadows—those determined to wrest the vote from black Americans could not have been more boastful in either intent or execution. On Account of Race tells the story of an American tragedy, the only occasion in United States history in which a group of citizens who had been granted the right to vote then had it stripped away. It is a warning that the right to vote is fragile and must be carefully guarded and actively preserved lest American democracy perish.
Author: Francis Graham Lee
Publisher: Bloomsbury Publishing USA
ISBN: 1576078515
Category : Political Science
Languages : en
Pages : 416
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Book Description
An introductory survey of the government's role in America's continuing drive for equality. Today's lingering inequalities, particularly the "American dilemma" of racism, runs throughout U.S. history. Equal Protection provides readers with a historical overview of the controversies over the issue of equality, an understanding of how government-and, particularly, the courts and Congress-has reacted to these controversies, and the role these issues have played in shaping U.S. society. This volume follows the push for equal treatment regardless of age, gender, disabilities, economic status, or sexual orientation. It focuses on legislation such as the Americans with Disabilities Act, and political initiatives and movements such as The Great Society, the ERA, and the War on Poverty. Here are American's interpretations of equal rights, then and now.
