Download or read book Is Racial Equality Unconstitutional written by Mark Golub and published by Oxford University Press. This book was released on 2018 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some, the idea of a color-blind constitution signals a commonsense ideal of equality and a new "post-racial" American era. For others, it supplies a narrow constitutional vision, which serves to disqualify many of the tools needed to combat persistent racial inequality in the United States. Rather than taking a position either for or against color-blindness, Mark Golub takes issue with the blindness/consciousness dichotomy itself. This book demonstrates howcolor-blind constitutionalism conceals its own race-conscious political commitments in defense of existing racial hierarchy, and renders the pursuit of racial justice as a constitutionally impermissible goal.
Download or read book Is Racial Equality Unconstitutional written by Mark Golub and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of race in American law and politics have been captured by the figure of the colour-blind Constitution. Whether embraced as an ideal of constitutional equality or rejected for perpetuating historical injustice, advocates and critics alike view colour-blindness as a refusal of racial consciousness rather than its mobilization. And yet, enacting a colour-blind rule may be understood in itself to affect a heightened awareness of race. Accordingly, colour-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar understandings of race, rights, and the US Constitution, this work explores how current equal protection law renders the pursuit of racial equality constitutionally suspect.
Download or read book Racial Equality written by and published by Taylor & Francis. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Color Blind Constitution written by Andrew Kull and published by . This book was released on 1992 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1840 to 1960 the profoundest claim of Americans who fought the institution of segregation was that the government had no business sorting citizens by the color of their skin. During these years the moral and political attractiveness of the antidiscrimination principle made it the ultimate legal objective of the American civil rights movement. Yet, in the contemporary debate over the politics and constitutional law of race, the vital theme of antidiscrimination has been largely suppressed. Thus a strong line of argument laying down one theoretical basis for the constitutional protection of civil rights has been lost. Andrew Kull provides us with the previously unwritten history of the color-blind idea. From the arguments of Wendell Phillips and the Garrisonian abolitionists, through the framing of the Fourteenth Amendment and Justice Harlan's famous dissent in Plessy, civil rights advocates have consistently attempted to locate the antidiscrimination principle in the Constitution. The real alternative, embraced by the Supreme Court in 1896, was a constitutional guarantee of reasonable classification. The government, it said, had the power to classify persons by race so long as it acted reasonably; the judiciary would decide what was reasonable. In our own time, in Brown v. Board of Education and the decisions that followed, the Court nearly avowed the rule of color blindness that civil rights lawyers continued to assert; instead, it veered off for political and tactical reasons, deciding racial cases without stating constitutional principle. The impoverishment of the antidiscrimination theme in the Court's decision prefigured the affirmative action shift in the civil rights agenda. The social upheaval of the 1960s put the color-blind Constitution out of reach for a quartercentury or more; but for the hard choices still to be made in racial policy, the colorblind tradition of civil rights retains both historical and practical significance.
Download or read book Racial Equality written by Laughlin McDonald and published by NTC/Contemporary Publishing Company. This book was released on 1977 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Advancing Equality written by Jody Heymann and published by Univ of California Press. This book was released on 2020-01-14 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.
Download or read book Is Racial Equality Unconstitutional written by Mark Golub and published by Oxford University Press. This book was released on 2018-02-02 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than just a legal doctrine, color-blind constitutionalism has emerged as the defining metaphor of the post-Civil Rights era. Even for those challenging its constitutional authority, the language of color-blindness sets the terms of debate. Critics of color-blind constitutionalism are in this sense captured by the object of their critique. And yet, paradoxically, to enact a color-blind rule actually requires a heightened awareness of race. As such, color-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar understandings of race, rights, and American law, Is Racial Equality Unconstitutional? explores how current equal protection law renders the pursuit of racial equality constitutionally suspect. Identifying hierarchy rather than equality as an enduring constitutional norm, the book demonstrates how the pursuit of racial equality, historically, has been viewed as a violation of white rights. Arguing against conservative and liberal redemption narratives, both of which imagine racial equality as the perfection of American democracy, Is Racial Equality Unconstitutional? calls instead for a break from the current constitutional order, that it may be re-founded upon principles of racial democracy.
Download or read book Democracy and Equality written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2020-01-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
Download or read book The Color of Law A Forgotten History of How Our Government Segregated America written by Richard Rothstein and published by Liveright Publishing. This book was released on 2017-05-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
Download or read book Race Equality and Discrimination in U S Constitutional Law written by Adam E. Sandel and published by . This book was released on 2008 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Brown v Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
Download or read book What Brown v Board of Education Should Have Said written by Jack M. Balkin and published by NYU Press. This book was released on 2001-08-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal experts rewrite the landmark court decision Brown v. Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights. Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices. As the 50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights. In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown, and explaining the current debates over its legacy. Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein.
Download or read book Loving V Virginia in a Post racial World written by and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1967, the US Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving volume Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a more critical approach to ask how Loving has influenced the 'loving' of America. How far have we come since then and what effect did the case have on individual lives?
Download or read book And We Are Not Saved written by Derek Bell and published by . This book was released on 2008-08-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished legal scholar and civil rights activist employs a series of dramatic fables and dialogues to probe the foundations of America’s racial attitudes and raise disturbing questions about the nature of our society.
Download or read book The Lost Promise of Civil Rights written by Risa L. Goluboff and published by Harvard University Press. This book was released on 2009-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Listen to a short interview with Risa Goluboff Host: Chris Gondek | Producer: Heron & Crane In this groundbreaking book, Risa L. Goluboff offers a provocative new account of the history of American civil rights law. The Supreme Court's decision in Brown v. Board of Education has long dominated that history. Since 1954, generations of judges, lawyers, and ordinary people have viewed civil rights as a project of breaking down formal legal barriers to integration, especially in the context of public education. Goluboff recovers a world before Brown, a world in which civil rights was legally, conceptually, and constitutionally up for grabs. Then, the petitions of black agricultural workers in the American South and industrial workers across the nation called for a civil rights law that would redress economic as well as legal inequalities. Lawyers in the new Civil Rights Section of the Department of Justice and in the NAACP took the workers' cases and viewed them as crucial to attacking Jim Crow. By the time NAACP lawyers set out on the path to Brown, however, they had eliminated workers' economic concerns from their litigation agenda. When the lawyers succeeded in Brown, they simultaneously marginalized the host of other harms--economic inequality chief among them--that afflicted the majority of African Americans during the mid-twentieth century. By uncovering the lost challenges workers and their lawyers launched against Jim Crow in the 1940s, Goluboff shows how Brown only partially fulfilled the promise of civil rights.
Download or read book The Struggle for Black Equality written by Harvard Sitkoff and published by Macmillan + ORM. This book was released on 2008-09-30 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Struggle for Black Equality is a dramatic, memorable history of the civil rights movement. Harvard Sitkoff offers both a brilliant interpretation of the personalities and dynamics of civil rights organizations and a compelling analysis of the continuing problems plaguing many African Americans. With a new foreword and afterword, and an up-to-date bibliography, this anniversary edition highlights the continuing significance of the movement for black equality and justice.
Download or read book How to Be a Young Antiracist written by Ibram X. Kendi and published by Penguin. This book was released on 2023-09-12 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The #1 New York Times bestseller that sparked international dialogue is now a book for young adults! Based on the adult bestseller by Ibram X. Kendi, and co-authored by bestselling author Nic Stone, How to be a (Young) Antiracist will serve as a guide for teens seeking a way forward in acknowledging, identifying, and dismantling racism and injustice. The New York Times bestseller How to be an Antiracist by Ibram X. Kendi is shaping the way a generation thinks about race and racism. How to be a (Young) Antiracist is a dynamic reframing of the concepts shared in the adult book, with young adulthood front and center. Aimed at readers 12 and up, and co-authored by award-winning children's book author Nic Stone, How to be a (Young) Antiracist empowers teen readers to help create a more just society. Antiracism is a journey--and now young adults will have a map to carve their own path. Kendi and Stone have revised this work to provide anecdotes and data that speaks directly to the experiences and concerns of younger readers, encouraging them to think critically and build a more equitable world in doing so.
