Is Racial Equality Unconstitutional
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Is Racial Equality Unconstitutional
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Author : Mark Golub
language : en
Publisher: Oxford University Press
Release Date : 2018
Is Racial Equality Unconstitutional written by Mark Golub and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
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.
The Constitution And Race
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Author : Donald E. Lively
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1992-02-28
The Constitution And Race written by Donald E. Lively 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 1992-02-28 with Law categories.
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.
Slavery And Its Consequences
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Author : Robert A. Goldwin
language : en
Publisher: A E I Press
Release Date : 1988
Slavery And Its Consequences written by Robert A. Goldwin and has been published by A E I Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.
This book discusses the institution of slavery and how it relates to the Constitution.
From Jim Crow To Civil Rights
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Author : Michael J. Klarman
language : en
Publisher: Oxford University Press
Release Date : 2004-02-05
From Jim Crow To Civil Rights written by Michael J. Klarman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-02-05 with Law categories.
A monumental investigation of the Supreme Court's rulings on race, From Jim Crow To Civil Rights spells out in compelling detail the political and social context within which the Supreme Court Justices operate and the consequences of their decisions for American race relations. In a highly provocative interpretation of the decision's connection to the civil rights movement, Klarman argues that Brown was more important for mobilizing southern white opposition to racial change than for encouraging direct-action protest. Brown unquestioningly had a significant impact--it brought race issues to public attention and it mobilized supporters of the ruling. It also, however, energized the opposition. In this authoritative account of constitutional law concerning race, Michael Klarman details, in the richest and most thorough discussion to date, how and whether Supreme Court decisions do, in fact, matter.
Unfinished Business
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Author : Michael J. Klarman
language : en
Publisher: Oxford University Press
Release Date : 2007-10
Unfinished Business written by Michael J. Klarman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10 with History categories.
A succinct account of racial equality and civil rights throughout American history highlights the path of racial progress and looks in particular at the contributions of law and of court decisions to American equality.
Race Equality And The Burdens Of History
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Author : John Arthur
language : en
Publisher: Cambridge University Press
Release Date : 2007-09-17
Race Equality And The Burdens Of History written by John Arthur and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-17 with Philosophy categories.
This book philosophically addresses problems of past racial discrimination in the United States. John Arthur examines the concepts of race and racism and discusses racial equality, poverty and race, reparations and affirmative action, and merit in ways that cut across the usual political lines. A former civil-rights plaintiff and professor at an historically black college in the South, Arthur draws on both personal experience and rigorous philosophical training in this account. His nuanced conclusions about the meaning of merit, the defects of affirmative action, the importance of apology, and the need for true equality illuminate one of America's most vexing problems and offer a way forward. His book is relevant to any society struggling with racial differences and past injustices. John Arthur died of cancer in January 2007, after completing this book. He was professor of philosophy and Director of the Program in Philosophy, Politics and Law at Binghamton University, State University of New York. He is the author of Words That Bind: Judicial Review and the Grounds of Modern Constitutional Theory, The Unfinished Constitution: Philosophy and Constitutional Practice, and Studying Philosophy: A Guide for the Perplexed. From 1979 until the time of his death, Professor Arthur was the editor of one of the most widely used ethics anthologies in the United States, Morality and Moral Controversies, soon to be published in its 8th edition .
The Color Blind Constitution
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Author : Andrew Kull
language : en
Publisher:
Release Date : 1992
The Color Blind Constitution written by Andrew Kull and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
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.
Loving V Virginia In A Post Racial World
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Author :
language : en
Publisher:
Release Date : 2012
Loving V Virginia In A Post Racial World written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Interracial marriage categories.
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?
The Lost Promise Of Civil Rights
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Author : Risa L. Goluboff
language : en
Publisher: Harvard University Press
Release Date : 2009-01-01
The Lost Promise Of Civil Rights written by Risa L. Goluboff and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
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.
The Color Of Law A Forgotten History Of How Our Government Segregated America
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Author : Richard Rothstein
language : en
Publisher: Liveright Publishing
Release Date : 2017-05-02
The Color Of Law A Forgotten History Of How Our Government Segregated America written by Richard Rothstein and has been published by Liveright Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-02 with Social Science categories.
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.