The Constitution And Race
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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: American Enterprise Institute
Release Date : 1988
Slavery And Its Consequences written by Robert A. Goldwin and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with History categories.
This book discusses the institution of slavery and how it relates to the Constitution.
Recapturing The Constitution
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Author : Stephen B. Presser
language : en
Publisher: Regnery Publishing
Release Date : 1994-10-06
Recapturing The Constitution written by Stephen B. Presser and has been published by Regnery Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-10-06 with Political Science categories.
Presser makes a compelling case that the original understanding of the Constitution was that religion, morality, and law were inextricably connected.--Forrest McDonald
The Color Blind Constitution
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Author : Andrew Kull
language : en
Publisher: Harvard University Press
Release Date : 2009-07
The Color Blind Constitution written by Andrew Kull 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 2009-07 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.
The Constitution Race And Renewed Relevance Of Original Intent
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Author : Donald E. Lively
language : en
Publisher:
Release Date : 2008
The Constitution Race And Renewed Relevance Of Original Intent written by Donald E. Lively and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Donald Lively brings a perspective upon constitutional fundamentals and racial reality that is both historical and forward-looking. It reflects a convergence of understandings and insights from a range of experience as a legal academic, historian, business developer, and community service organizer. He is the author of 12 books and over 50 articles, many of which relate to the interaction between the Constitution and political and social factors and circumstances. He has lectured both domestically and internationally. Three of his books have won national book awards. Lively writes in a style that captures complex and sophisticated subject matter and reduces it to accessible and understandable terms. It is extensively annotated to authoritative sources, transcends any ideological agenda, and introduces principles that make original constitutional premises relevant to evolving conditions. Among other things, he demonstrates how the nation's founding premises that were compromised by racism and its incidents have become relevant to reckoning with their legacy. This publication is particularly relevant at a time when racial dynamics are in flux and the law, particularly interpretation of the law, has become largely static. Accounting for the nation's legacy of discrimination has been sporadic and uneven. Reparations have been provided for the forced relocation of Japanese-Americans during World War II, but denied for African-Americans whose experience for most of the nation's history was defined by slavery and pervasive discrimination. Although the Supreme Court has acknowledged this legacy of societal discrimination, it has precluded generalized remediation pursuant to concern with negative collateral consequences. This book provides significant insights that increasingly will reflect understanding of racial reality in the twenty-first century. It demonstrates first a legacy of constitutional outcomes that, at their best, have been promising and profound in their symbolism but ultimately underachieving. The book also evidences that, for the first time in the nation's history, market forces are aligning in favor of diversity and multicultural competence. Along with changing demographics and globalization, these factors provide a powerful new force for reckoning with the nation's legacy of racial discrimination. Modern constitutional doctrine, which largely precludes raceconscious reckoning with this reality, constrain the market (both the public and private sector) from generating innovative and effective solutions. Lively maintains that by allowing more flexibility and being more deferential to innovation and experimentation, the Court can facilitate reckoning with historical reality and square the law in a way that is consistent with and even restores founding principles and also reflects how the future is evolving. Based upon its fidelity to original intent and responsiveness to changing societal conditions, this model offers a rare convergence of appeal to those who respectively advocate a more restrained and more active judiciary. This book is relevant to a variety of audiences including academics, students, and persons in both the public and private sector who seek a comprehensive yet accessible narrative and analysis upon the historical interaction between law and race and its likely evolution.
Vindicating The Founders
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Author : Thomas G. West
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2000-11-28
Vindicating The Founders written by Thomas G. West and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-28 with History categories.
This controversial, convincing, and highly original book is important reading for everyone concerned about the origins, present, and future of the American experiment in self-government.
Enforcing And Challenging The Voting Rights Act
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Author : Marsha Darling
language : en
Publisher: Routledge
Release Date : 2014-02-24
Enforcing And Challenging The Voting Rights Act written by Marsha Darling and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-24 with Law categories.
First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Race The Constitution And The Supreme Court
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Author : Nancy Schiff
language : en
Publisher:
Release Date : 1996
Race The Constitution And The Supreme Court written by Nancy Schiff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with African Americans categories.
Affirmative Action And Equal Protection
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
language : en
Publisher:
Release Date : 1983
Affirmative Action And Equal Protection written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Affirmative action programs categories.
Race Law And American Society
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Author : Gloria J. Browne-Marshall
language : en
Publisher: Routledge
Release Date : 2013-05-02
Race Law And American Society written by Gloria J. Browne-Marshall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-02 with Law categories.
This second edition of Gloria Browne-Marshall’s seminal work , tracing the history of racial discrimination in American law from colonial times to the present, is now available with major revisions. Throughout, she advocates for freedom and equality at the center, moving from their struggle for physical freedom in the slavery era to more recent battles for equal rights and economic equality. From the colonial period to the present, this book examines education, property ownership, voting rights, criminal justice, and the military as well as internationalism and civil liberties by analyzing the key court cases that established America’s racial system and demonstrating the impact of these court cases on American society. This edition also includes more on Asians, Native Americans, and Latinos. Race, Law, and American Society is highly accessible and thorough in its depiction of the role race has played, with the sanction of the U.S. Supreme Court, in shaping virtually every major American social institution.