Enforcing The Equal Protection Clause
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Enforcing The Equal Protection Clause
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Author : William D. Araiza
language : en
Publisher: NYU Press
Release Date : 2015
Enforcing The Equal Protection Clause written by William D. Araiza and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
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.
Equal Protection
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Author : Robert C. Farrell
language : en
Publisher:
Release Date : 2013
Equal Protection written by Robert C. Farrell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Equality before the law categories.
Equal Protection, Cases and Materials is a study of the substantive law of equal protection, both under the Fourteenth Amendment as applied against state governments, and under the implied equal protection component of the Fifth Amendment as applied against the federal government. The book focuses on decisions of the United States Supreme Court. It contains carefully edited opinions followed by notes that include explanatory material, commentary, and citations to leading law review articles. The book covers the following topics: rational basis review, racial classifications, the different tiers of review, gender classifications, classifications affecting nonmarital children, classifications of aliens, classifications on the basis of sexual orientation, implied fundamental rights under the Equal Protection Clause, and Congressional power to enforce the Equal Protection Clause. Robert C. Farrell is a graduate of Harvard Law School and has been a member of the faculty at Quinnipiac University School of Law since 1984. He has taught a course on Equal Protection for more than twenty years and has published articles on Equal Protection that have been cited by state Supreme Courts, United States Courts of Appeal, United States District Courts, and in briefs filed in the United States Supreme Court. Alison E. Conroy is a graduate of Quinnipiac University School of Law where she was the Notes & Comments Editor for the Quinnipiac Health Law Journal. She is a member of the Bar of the State of Connecticut and practices law in Fairfield County.
Constitutional Law
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Author : Louis Michael Seidman
language : en
Publisher:
Release Date : 2003
Constitutional Law written by Louis Michael Seidman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Civil rights categories.
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.
Equal Protection
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Author : Robert C. Farrell
language : en
Publisher: Vandeplas Pub.
Release Date : 2013-03
Equal Protection written by Robert C. Farrell and has been published by Vandeplas Pub. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03 with Equality before the law categories.
Equal Protection, Cases and Materials is a study of the substantive law of equal protection, both under the Fourteenth Amendment as applied against state governments, and under the implied equal protection component of the Fifth Amendment as applied against the federal government. The book focuses on decisions of the United States Supreme Court. It contains carefully edited opinions followed by notes that include explanatory material, commentary, and citations to leading law review articles. The book covers the following topics: rational basis review, racial classifications, the different tiers of review, gender classifications, classifications affecting nonmarital children, classifications of aliens, classifications on the basis of sexual orientation, implied fundamental rights under the Equal Protection Clause, and Congressional power to enforce the Equal Protection Clause. Robert C. Farrell is a graduate of Harvard Law School and has been a member of the faculty at Quinnipiac University School of Law since 1984. He has taught a course on Equal Protection for more than twenty years and has published articles on Equal Protection that have been cited by state Supreme Courts, United States Courts of Appeal, United States District Courts, and in briefs filed in the United States Supreme Court. Alison E. Conroy is a graduate of Quinnipiac University School of Law where she was the Notes & Comments Editor for the Quinnipiac Health Law Journal. She is a member of the Bar of the State of Connecticut and practices law in Fairfield County.
Controversies In Equal Protection Cases In America
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Author : Anne Richardson Oakes
language : en
Publisher: Routledge
Release Date : 2016-03-03
Controversies In Equal Protection Cases In America written by Anne Richardson Oakes and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
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.
The Equal Rights Amendment
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Author : United States Commission on Civil Rights
language : en
Publisher:
Release Date : 1981
The Equal Rights Amendment written by United States Commission on Civil Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Constitutional law categories.
Government Discrimination
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Author : James A. Kushner
language : en
Publisher:
Release Date : 2007
Government Discrimination written by James A. Kushner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Actions and defenses categories.
Equal Protection
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Author : David L. Hudson Jr.
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2018-06-08
Equal Protection written by David L. Hudson Jr. and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-08 with Law categories.
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.
Enforcing Equality
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Author : Rebecca E Zietlow
language : en
Publisher: NYU Press
Release Date : 2006-10
Enforcing Equality written by Rebecca E Zietlow and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-10 with Law categories.
In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging. With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.
Due Process Of Law And The Equal Protection Of The Laws
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Author : Hannis Taylor
language : en
Publisher:
Release Date : 1917
Due Process Of Law And The Equal Protection Of The Laws written by Hannis Taylor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1917 with Administrative law categories.