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Book The Constitutional Underclass

    Book Details:
  • Author : Evan Gerstmann
  • Publisher : University of Chicago Press
  • Release : 1999-03-15
  • ISBN : 0226288609
  • Pages : 206 pages

Download or read book The Constitutional Underclass written by Evan Gerstmann and published by University of Chicago Press. This book was released on 1999-03-15 with total page 206 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.

Book The Constitutional Underclass

    Book Details:
  • Author : Evan Gerstmann
  • Publisher : University of Chicago Press
  • Release : 1999-04
  • ISBN : 9780226288598
  • Pages : 208 pages

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.

Book Same Sex Marriage and the Constitution

Download or read book Same Sex Marriage and the Constitution written by Evan Gerstmann and published by Cambridge University Press. This book was released on 2004 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the Constitution protect the right to same-sex marriage? Much of the writing on this subject has been highly one-sided. This book takes a careful second look at the issue. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, the courts should settle this question rather that the voters and it takes on the issue of whether such a court-created law could be effective in the face of public opposition. The book argues that this issue is one of the most significant constitutional issues facing society because it challenges society's commitment to the promise of true legal equality.

Book The Dream and the Nightmare

Download or read book The Dream and the Nightmare written by Myron Magnet and published by ReadHowYouWant.com. This book was released on 2010-06 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Myron Magnet's The Dream and the Nightmare argues that the radical transformation of American culture that took place in the 1960s brought today's underclass - overwhelmingly urban, dismayingly minority - into existence. Lifestyle experimentation among the white middle class produced often catastrophic changes in attitudes toward marriage and parenting, the work ethic and dependency in those at the bottom of the social ladder, and closed down their exits to the middle class. Texas Governor George W. Bush's presidential campaign has highlighted the continuing importance of The Dream and the Nightmare. Bush read the book before his first campaign for governor in 1994, and, when he finally met Magnet in 1998, he acknowledged his debt to this work. Karl Rove, Bush's principal political adviser, cites it as a road map to the governor's philosophy of ''compassionate conservatism.''

Book Racism and the Underclass

Download or read book Racism and the Underclass written by David Penna and published by Praeger. This book was released on 1991-08-30 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique collection of essays analyzes the impact of state policies on minority communities in the United States and the perpetuation of an underclass in American society. The editors and contributors begin with the premise that there was a resurgence of racism and disadvantage during the Reagan years, not only in the United States, but also in the world. They contend that a major revision of policy toward the American underclass is urgently needed because of a failure to understand underlying social and economic changes. Drawing heavily upon diverse sources for data and theoretical perspectives, the studies in this important volume attempt to integrate underclass analysis with policy formulation. The elaboration of the human rights of the underclass under both international and domestic law is presented by Peter Weiss. Gregory Kellam Scott argues forcefully for a shift in the basis of civil rights jurisprudence that would allow the state to assist the underclass by removing past remnants of discrimination. David Penna and Jose Blas Lorenzo discuss the legality and desirability of state attempts to restrict racist speech, given the exploitative nature of the underclass relationship. John Grove and Jiping Wu reassess the perception of Asian-Americans as a model minority and discuss uncertain prospects for the future integration of new Asian immigrants into mainstream America. Debra Kreisberg Voss, Joy Sobrepena, and Peter W. Van Arsdale demonstrate how the immigration process can marginalize immigrants. George E. Tinker and Loring Bush discuss the difficulties in determining Native American unemployment rates and document the underestimation of the problem and its impact on policy toward Native Americans. The politics and hidden agenda of the English Only movement and the policy implications for linguistic minorities are revealed by Priscilla Falcon and Patricia J. Campbell. Finally, George W. Shepherd, Jr. and David Penna present a challenging agenda for state policy toward the underclass for the 1990s. This provocative volume should be read by everyone interested in ethnic and minority studies.

Book Clarence Thomas and the Lost Constitution

Download or read book Clarence Thomas and the Lost Constitution written by Myron Magnet and published by Encounter Books. This book was released on 2019-05-07 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Clarence Thomas joined the Supreme Court in 1991, he found with dismay that it was interpreting a very different Constitution from the one the framers had written—the one that had established a federal government manned by the people’s own elected representatives, charged with protecting citizens’ inborn rights while leaving them free to work out their individual happiness themselves, in their families, communities, and states. He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people’s representatives with rules made by highly educated, modern, supposedly nonpartisan “experts,” an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson’s dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age. But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR’s batch, had deep misgivings about the new governmental order. He shared the framers’ vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court—the most important of them explained in these pages in clear, non-lawyerly language—he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed. A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas’s biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America’s future depends on the power of its culture and institutions to form ever more citizens of this stamp.

Book Same Sex Marriage and the Constitution

Download or read book Same Sex Marriage and the Constitution written by Evan Gerstmann and published by Cambridge University Press. This book was released on 2008-02-25 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The revised and expanded second edition of Same-Sex Marriage and the Constitution makes the case that the Constitution has long protected the right to marry, and that this protection includes the right to marry a person of the same gender. No other book makes this argument. This book addresses other issues, such as why same-sex marriage is completely different, both practically and constitutionally, from polygamy and incest, and it debunks the myth that pro-same-sex marriage decisions have created a backlash against either gays and lesbians or the Democratic Party.

Book Homeownership and America s Financial Underclass

Download or read book Homeownership and America s Financial Underclass written by Mechele Dickerson and published by Cambridge University Press. This book was released on 2014-06-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does America have a love affair with homeownership? For many, buying a home is no longer in their best interest and may harm their children's educational opportunities. This book argues that US leaders need to re-evaluate housing policies and develop new ones that ensure that all Americans have access to affordable housing, whether rented or owned. After describing common myths, the book shows why the circumstances now faced by America's financial underclass make it impossible for them to benefit from homeownership because they cannot afford to buy homes. It then exposes the risks of 'home buying while brown or black,' discussing US policies that made it easier for whites to buy homes, but harder and more costly for blacks and Latinos to do so. The book argues that remaining racial discrimination and certain demographic features continue to make it harder for blacks and Latinos to receive homeownership's promised benefits.

Book The Constitution of Knowledge

Download or read book The Constitution of Knowledge written by Jonathan Rauch and published by Brookings Institution Press. This book was released on 2021-06-22 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arming Americans to defend the truth from today's war on facts “In what could be the timeliest book of the year, Rauch aims to arm his readers to engage with reason in an age of illiberalism.” —Newsweek A New York Times Book Review Editors' Choice Disinformation. Trolling. Conspiracies. Social media pile-ons. Campus intolerance. On the surface, these recent additions to our daily vocabulary appear to have little in common. But together, they are driving an epistemic crisis: a multi-front challenge to America's ability to distinguish fact from fiction and elevate truth above falsehood. In 2016 Russian trolls and bots nearly drowned the truth in a flood of fake news and conspiracy theories, and Donald Trump and his troll armies continued to do the same. Social media companies struggled to keep up with a flood of falsehoods, and too often didn't even seem to try. Experts and some public officials began wondering if society was losing its grip on truth itself. Meanwhile, another new phenomenon appeared: “cancel culture.” At the push of a button, those armed with a cellphone could gang up by the thousands on anyone who ran afoul of their sanctimony. In this pathbreaking book, Jonathan Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the “Constitution of Knowledge”—our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch arms defenders of truth with a clearer understanding of what they must protect, why they must do—and how they can do it. His book is a sweeping and readable description of how every American can help defend objective truth and free inquiry from threats as far away as Russia and as close as the cellphone.

Book Charles Murray and the Underclass

Download or read book Charles Murray and the Underclass written by Charles Murray and published by . This book was released on 2000-05-31 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charles Murray is one of America's most respected social policy analysts. His ideas about the underclass, outlined in his classic Losing Ground, have entered the mainstream of the debate about poverty. Murray's thesis, that the underclass represents not a degree of poverty but a type of poverty, characterised by deviant attitudes towards parenting, work and crime, has been explosively controversial. It has also become more difficult to resist, as the deterioration of the social fabric has become increasingly obvious. British and US situations. In his article, subsequently published by the IEA as The Emerging British Underclass, Murray described himself as a 'visitor from a plague area come to see whether the disease is spreading'. In 1993 he returned to check on its progress, and the resulting article, also for The Sunday Times, was published with commentaries by critics of Murray's thesis, thus presenting the reader with a range of views on the issue. schools and universities, has led to the present omnibus edition which contains all of the original material from both volumes, together with a new introduction by Ruth Lister of Loughborough University and an update of the statistics by Alan Buckingham of the University of Sussex. Community Care.

Book Citizenship and Its Exclusions

Download or read book Citizenship and Its Exclusions written by Ediberto Román and published by NYU Press. This book was released on 2010-05-01 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship is generally viewed as the most desired legal status an individual can attain, invoking the belief that citizens hold full inclusion in a society, and can exercise and be protected by the Constitution. Yet this membership has historically been exclusive and illusive for many, and in Citizenship and Its Exclusions, Ediberto Román offers a sweeping, interdisciplinary analysis of citizenship’s contradictions. Román offers an exploration of citizenship that spans from antiquity to the present, and crosses disciplines from history to political philosophy to law, including constitutional and critical race theories. Beginning with Greek and Roman writings on citizenship, he moves on to late-medieval and Renaissance Europe, then early Modern Western law, and culminates his analysis with an explanation of how past precedents have influenced U.S. law and policy regulating the citizenship status of indigenous and territorial island people, as well as how different levels of membership have created a de facto subordinate citizenship status for many members of American society, often lumped together as the “underclass.”

Book Crisis of the Two Constitutions

Download or read book Crisis of the Two Constitutions written by Charles R. Kesler and published by Encounter Books. This book was released on 2021-02-16 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: American politics grows embittered because it is increasingly torn between two rival constitutions, two opposed cultures, two contrary ways of life. American conservatives rally around the founders’ Constitution, as amended and as grounded in the natural and divine rights and duties of the Declaration of Independence. American liberals herald their “living Constitution,” a term that implies that the original is dead or superseded, and that the fundamental political imperative is constant change or transformation (as President Obama called it) toward a more and more perfect social democracy ruled by a Woke elite. Crisis of the Two Constitutions details how we got to and what is at stake in our increasingly divided America. It takes controversial stands on matters political and scholarly, describing the political genius of America’s founders and their efforts to shape future generations through a constitutional culture that included immigration, citizenship, and educational policies. Then it turns to the attempted progressive refounding of America, tracing its accelerating radicalism from the New Deal to the 1960s’ New Left to today’s unhappy campus nihilists. Finally, the volume appraises American conservatives’ efforts, so far unavailing despite many famous victories, to revive the founders’ Constitution and moral common sense. From Ronald Reagan to Donald Trump, what have conservatives learned and where should they go from here? Along the way, Charles R. Kesler argues with critics on the left and right, and refutes fashionable doctrines including relativism, multiculturalism, critical race theory, and radical traditionalism, providing in effect a one-volume guide to the increasingly influential Claremont school of conservative thought by one of its most engaged, and engaging, thinkers.

Book The United States Constitution  Revisited

Download or read book The United States Constitution Revisited written by J. Jackson Owensby and published by a-argus books. This book was released on 2011-02 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Promoting the General Welfare

Download or read book Promoting the General Welfare written by Alan S. Gerber and published by Rowman & Littlefield. This book was released on 2007-05-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution calls on the government to "promote the general welfare." In this provocative and innovative book, a distinguished roster of political scientists and economists evaluates its ability to carry out this task. The first section of the book analyzes government performance in the areas of health, transportation, housing, and education, suggesting why suboptimal policies often prevail. The second set of chapters examines two novel and sometimes controversial tools that can be used to improve policy design: information markets and laboratory experiments. Finally, the third part of the book asks how three key institutions—Congress, the party system, and federalism—affect government's ability to solve important social problems. These chapters also raise the disturbing possibility that recent political developments have contributed to a decline in governmental problem-solving activity. Taken together, the essays in this volume suggest that opportunities to promote the common good are frequently missed in modern American government. But the book also carries a more hopeful message. By identifying possible solutions to the problems created by weak incentives, poor information, and inadequate institutional capacity, Promoting the General Welfare shows how government performance can be improved. Contributors include Eugene Bardach (University of California-Berkeley), Sarah Binder (Brookings Institution and George Washington University), Morris P. Fiorina (Stanford University), Jay P. Greene (University of Arkansas), Robin Hanson (George Mason University), Charles A. Holt (University of Virginia), David R. Mayhew (Yale University), Edgar O. Olsen (University of Virginia), Mark Carl Rom (Georgetown University), Roberta Romano (Yale Law School), William M. Shobe (University of Virginia), Angela M. Smith (University of Virginia), Aidan R. Vining (Simon Fraser University), David L. Weimer (University of Wisconsin-Madison), and Clifford Winston (Brook

Book Same Sex Marriage and the Constitution

Download or read book Same Sex Marriage and the Constitution written by Evan Gerstmann and published by Cambridge University Press. This book was released on 2017-06-26 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

Book Constitution 3 0

    Book Details:
  • Author : Jeffrey Rosen
  • Publisher : Rowman & Littlefield
  • Release : 2011-11-11
  • ISBN : 0815722133
  • Pages : 284 pages

Download or read book Constitution 3 0 written by Jeffrey Rosen and published by Rowman & Littlefield. This book was released on 2011-11-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre

Book Life at the Bottom

Download or read book Life at the Bottom written by Theodore Dalrymple and published by Ivan R. Dee. This book was released on 2003-03-08 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: A searing account of life in the underclass and why it persists as it does, written by a British psychiatrist.