Download or read book Constitutional Law written by Louis Michael Seidman and published by . This book was released on 2003 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a brief, but comprehensive, analysis of the doctrine and theory that glosses the Constitutionâe(tm)s guarantee of equal protection. Topics covered include an analysis of rational basis review, an explanation of the difference between heightened scrutiny for fundamental rights and substantive protection of those rights, an analysis of the role of âeoepurposeâe and âeoeeffectâe in equal protection doctrine, and discussions of gender discrimination and affirmative action.
Download or read book Scientific Evidence and Equal Protection of the Law written by Angelo N Ancheta and published by Rutgers University Press. This book was released on 2006-02-02 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific and social scientific evidence has informed judicial decisions and the making of constitutional law for decades, but for much of U.S. history it has also served as a rhetorical device to justify inequality. It is only in recent years that scientific and statistical research has helped redress discrimination—but not without controversy. Scientific Evidence and Equal Protection of the Law provides unique insights into the judicial process and scientific inquiry by examining major decisions of the U.S. Supreme Court, civil rights advocacy, and the nature of science itself. Angelo Ancheta discusses leading equal protection cases such as Brown v. Board of Education and recent litigation involving race-related affirmative action, gender inequality, and discrimination based on sexual orientation. He also examines less prominent, but equally compelling cases, including McCleskey v. Kemp, which involved statistical evidence that a state’s death penalty was disproportionately used when victims were white and defendants were black, and Castaneda v. Partida, which established key standards of evidence in addressing the exclusion of Latinos from grand jury service. For each case, Ancheta explores the tensions between scientific findings and constitutional values.
Download or read book Equal Protection written by Francis Graham Lee and published by ABC-CLIO. This book was released on 2003-11-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Due Process of Law and the Equal Protection of the Laws written by Hannis Taylor and published by . This book was released on 1917 with total page 1038 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcing the Equal Protection Clause written by William D. Araiza and published by NYU Press. This book was released on 2016-01-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Fourteenth Amendment written by David L. Hudson and published by Enslow Publishing. This book was released on 2002 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book For Equals Only written by Tina Fernandes Botts and published by Rowman & Littlefield. This book was released on 2018-09-15 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book philosophically explores how changing conceptions of race and equality have affected Supreme Court interpretations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution over the years. In the years since the 14th Amendment was ratified in 1868, in its decisions interpreting the Equal Protection Clause, the Supreme Court has switched from using a sociocultural concept of race to using a biological concept of race, and during the same time period has switched from using a social to a legal concept of equality. One result of these trends is the recent emergence of something called 'reverse discrimination.' Another result is that the Equal Protection Clause no longer specially protects racialized persons from racial discrimination, as it was originally intended to do. Using the tools of legal hermeneutics, critical philosophy of race, and critical race theory, key cases of racial discrimination in equal protection law are examined through a historical lens. The Supreme Court’s switch, over the years, from interpreting the Equal Protection Clause as specially protecting racialized persons from continued racial discrimination after the end of the institution of chattel slavery, to interpreting the Clause as protecting everyone from racial discrimination, is tracked alongside changing conceptions of race and equality. As the concept of race became biological, the concept of equality became legal, and the result was the elimination of remedying the negative effects of chattel slavery on the equality status of racialized persons from the Supreme Court’s list of priorities.
Download or read book The Constitutional Underclass written by Evan Gerstmann and published by University of Chicago Press. This book was released on 1999-04 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court struck down Colorado's Amendment 2—which would have nullified all state and local laws protecting gays and lesbians from discrimination—it was widely regarded as a victory for gay rights. Yet many gays and lesbians still risk losing their jobs, custody of their children, and even their liberty under the law. Using the Colorado initiative as his focus, Gerstmann untangles the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause. The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. Gerstmann reveals how these standards are used to favor certain groups over others, and also how Amendment 2 advocates used the Court's doctrine to convince voters that gays and lesbians were seeking "special rights" in Colorado. Concluding with a call for wholesale reform of equal-protection jurisprudence, this book is essential reading for anyone interested in fair, coherent, and truly equal protection under the law.
Download or read book The Equal Protection of the Laws written by Polyvios G. Polyviou and published by London : Duckworth. This book was released on 1980 with total page 759 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equality under the Constitution written by Judith A. Baer and published by Cornell University Press. This book was released on 2018-03-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Rights Constitutional Law and Belonging written by Elena Drymiotou and published by Routledge. This book was released on 2018-04-19 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.
Download or read book Controversies in Equal Protection Cases in America written by Anne Richardson Oakes and published by Routledge. This book was released on 2016-03-03 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book America s Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Download or read book Government Discrimination written by James A. Kushner and published by . This book was released on 2007 with total page 1948 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Enforcement written by United States Commission on Civil Rights and published by . This book was released on 1965 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The report presents and analyzes information concerning discriminatory law enforcement practices in several southern communities. This information was obtained by the Commission from extensive investigations in 1964 and a public hearing held in Jackson, Mississippi, in February 1965. The Commission has found that too often those responsible for local law enforcement have failed to provide equal protection of the laws to persons attempting to exercise rights guaranteed to them by the Constitution and the laws of the United States"--Page iii.
Download or read book Equal Protection written by David L. Hudson Jr. and published by Bloomsbury Publishing USA. This book was released on 2018-06-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Amendment XIV Equal Protection written by Sylvia Engdahl and published by Greenhaven Publishing LLC. This book was released on 2009-01-16 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Editor Sylvia Engdahl explores a highly controversial topic, the right to equal protection under the law. This right grants everyone protection, but we haven't always granted it equally. Timely essays in this volume debate school segregation, a woman's right in relation to non-consent pregnancy, an unborn child's rights, the rights of children of illegal immigrants, and gay marriage.
