Constitutional Equality

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Equality under the Constitution

Author : Judith A. Baer
Publisher : Cornell University Press
ISBN 13 : 1501722751
Total Pages : 450 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Equality under the Constitution by : Judith A. Baer

Download or read book Equality under the Constitution written by Judith A. Baer and published by Cornell University Press. This book was released on 2018-03-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.

Advancing Equality

Author : Jody Heymann
Publisher : University of California Press
ISBN 13 : 0520309634
Total Pages : 416 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Advancing Equality by : Jody Heymann

Download or read book Advancing Equality written by Jody Heymann and published by University 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.

The Constitution of Equality

Author : Thomas Christiano
Publisher : OUP Oxford
ISBN 13 : 0191613916
Total Pages : 320 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Constitution of Equality by : Thomas Christiano

Download or read book The Constitution of Equality written by Thomas Christiano and published by OUP Oxford. This book was released on 2010-06-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.

Constitutional Orphan

Author : Paula A. Monopoli
Publisher : Oxford University Press, USA
ISBN 13 : 0190092793
Total Pages : 257 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Constitutional Orphan by : Paula A. Monopoli

Download or read book Constitutional Orphan written by Paula A. Monopoli and published by Oxford University Press, USA. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "On August 26, 1920, these words became part of the United States Constitution as its Nineteenth Amendment. The requisite thirty- six states had ratified the amendment in the year since its enactment by Congress on June 4, 1919. A revolution in women's rights, spanning over seventy years, came to a quiet conclusion as Secretary of State Bainbridge Colby signed the measure into law in the privacy of his home at eight o'clock in the morning.1 None of the prominent suffrage leaders of the day, including the National American Woman Suffrage Association (NAWSA) president, Carrie Chapman Catt; or the National Woman's Party (NWP) chair, Alice Paul, were at the signing.2 Catt was later invited to go to the State Department to see the proclamation, but no similar invitation was extended to the more militant Paul. Paul had been a thorn in the side of President Woodrow Wilson, with her White House picketing and willingness to be imprisoned for the vote.3 Ratification was followed by ten years of litigation- most of it in state courts- during which the meaning and scope of the Nineteenth Amendment was contested. In its most literal sense, the Nineteenth Amendment did not confer a "right" to vote per se. Rather, it simply prohibited the states or the federal government from using sex as a criterion for voter eligibility.4 In other words, its ratification meant that state and federal impediments to voting based on sex were now unconstitutional. It did not mean that all women in the United States could vote.5 As a matter of law, the Nineteenth Amendment meant that states could not prevent African American women from voting based solely on their sex. Yet vast numbers of African American women were prevented from voting in the November 1920 presidential election that followed on the heels of ratification.6 They faced the same impediments- poll taxes, literacy tests, grandfather clauses, and physical intimidation- used to prevent their male counterparts from voting after ratification of the Fourteenth and Fifteenth Amendments.7 Those amendments conferred citizenship on previously enslaved persons and barred state or federal restrictions on voting based on race, color, and previous condition of servitude"--

Democracy and Equality

Author : Geoffrey R. Stone
Publisher : Oxford University Press, USA
ISBN 13 : 019093820X
Total Pages : 241 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Democracy and Equality by : Geoffrey R. Stone

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.

Constituting Equality

Author : Susan H. Williams
Publisher : Cambridge University Press
ISBN 13 : 1139481266
Total Pages : 383 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Constituting Equality by : Susan H. Williams

Download or read book Constituting Equality written by Susan H. Williams and published by Cambridge University Press. This book was released on 2009-07-31 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.

Ordinary Equality

Author : Kate Kelly
Publisher : Gibbs Smith
ISBN 13 : 1423658736
Total Pages : 406 pages
Book Rating : 4.4/5 (236 download)

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Book Synopsis Ordinary Equality by : Kate Kelly

Download or read book Ordinary Equality written by Kate Kelly and published by Gibbs Smith. This book was released on 2022-03-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all living through modern constitutional history in the making, and Ordinary Equality helps teach about the past, present, and future of the Equal Rights Amendment (ERA) through the lives of the bold, fearless women and queer people who have helped shape the U.S. Constitution. Ordinary Equality digs into the fascinating and little-known history of the ERA and the lives of the incredible—and often overlooked—women and queer people who have helped shape the U.S. Constitution for more than 200 years. Based on author Kate Kelly’s acclaimed podcast of the same name, Ordinary Equality recounts a story centuries in the making. From before the Constitution was even drafted to the modern day, she examines how and why constitutional equality for women and Americans of all marginalized genders has been systematically undermined for the past 100-plus years, and then calls us all to join the current movement to put it back on the table and get it across the finish line. Kate Kelly provides a much-needed fresh perspective on the ERA for feminists of all ages, and this engaging, illustrated look at history, law, and activism is sure to inspire many to continue the fight. Individual chapters tell the stories of Molly Brant (Koñwatsi-tsiaiéñni / Degonwadonti), Abigail Adams, Phillis Wheatley, Matilda Joslyn Gage, Alice Paul, Mary Church Terrell, Pauli Murray, Martha Wright Griffiths, Patsy Takemoto Mink, Barbara Jordan, and Pat Spearman, and features other key players and concepts, including Ruth Bader Ginsburg, Title IX, Danica Roem, and many more.

Constitutional Equality, a Right of Woman

Author : Lady Tennessee Claflin Cook
Publisher :
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutional Equality, a Right of Woman by : Lady Tennessee Claflin Cook

Download or read book Constitutional Equality, a Right of Woman written by Lady Tennessee Claflin Cook and published by . This book was released on 1871 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Inequality

Author : Gilbert Steiner
Publisher : Brookings Institution Press
ISBN 13 : 9780815714293
Total Pages : 132 pages
Book Rating : 4.7/5 (142 download)

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Book Synopsis Constitutional Inequality by : Gilbert Steiner

Download or read book Constitutional Inequality written by Gilbert Steiner and published by Brookings Institution Press. This book was released on 2011-04-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the history of the Equal Rights Amendment, explains why it failed to pass, and assesses its chances for future passage.

Advancing Equality

Author : Jody Heymann
Publisher : Univ of California Press
ISBN 13 : 0520973879
Total Pages : 416 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Advancing Equality by : Jody Heymann

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.

Even the Children of Strangers

Author : Donald Wilson Jackson
Publisher :
ISBN 13 :
Total Pages : 318 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Even the Children of Strangers by : Donald Wilson Jackson

Download or read book Even the Children of Strangers written by Donald Wilson Jackson and published by . This book was released on 1992 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jackson unravels the complex meanings of equal protection doctrine and its various interpretations over the last 134 years. After comparing equal protection laws in the U.S. to those in Canada and India and certain provisions of international law, he offers possible ways to resolve apparently intractable conflicts between individualism and affirmative action policies.

Enforcing Equality

Author : Rebecca E Zietlow
Publisher : NYU Press
ISBN 13 : 0814797075
Total Pages : 279 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Enforcing Equality by : Rebecca E Zietlow

Download or read book Enforcing Equality written by Rebecca E Zietlow and published by NYU Press. This book was released on 2006-10 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Equality, a Right of Woman, Or a Consideration of the Various Relations which She Sustains as a Necessary Part of the Body of Society and Humanity; with Her Duties to Herself - Together with a Review of the Constitution of the United States, Showing that the Right to Vote is Guaranteed to All Citizens. Also a Review of the Rights of Children

Download Constitutional Equality, a Right of Woman, Or a Consideration of the Various Relations which She Sustains as a Necessary Part of the Body of Society and Humanity; with Her Duties to Herself - Together with a Review of the Constitution of the United States, Showing that the Right to Vote is Guaranteed to All Citizens. Also a Review of the Rights of Children PDF Online Free

Author : Lady Tennessee Claflin Cook
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Constitutional Equality, a Right of Woman, Or a Consideration of the Various Relations which She Sustains as a Necessary Part of the Body of Society and Humanity; with Her Duties to Herself - Together with a Review of the Constitution of the United States, Showing that the Right to Vote is Guaranteed to All Citizens. Also a Review of the Rights of Children by : Lady Tennessee Claflin Cook

Download or read book Constitutional Equality, a Right of Woman, Or a Consideration of the Various Relations which She Sustains as a Necessary Part of the Body of Society and Humanity; with Her Duties to Herself - Together with a Review of the Constitution of the United States, Showing that the Right to Vote is Guaranteed to All Citizens. Also a Review of the Rights of Children written by Lady Tennessee Claflin Cook and published by . This book was released on 1871 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Equal Means Equal

Author : Jessica Neuwirth
Publisher : New Press, The
ISBN 13 : 1620970481
Total Pages : 157 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis Equal Means Equal by : Jessica Neuwirth

Download or read book Equal Means Equal written by Jessica Neuwirth and published by New Press, The. This book was released on 2015-01-05 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Equal Rights Amendment was first passed by Congress in 1972, Richard Nixon was president and All in the Family's Archie Bunker was telling his feisty wife Edith to stifle it. Over the course of the next ten years, an initial wave of enthusiasm led to ratification of the ERA by thirty-five states, just three short of the thirty-eight states needed by the 1982 deadline. Many of the arguments against the ERA that historically stood in the way of ratification have gone the way of bouffant hairdos and Bobby Riggs, and a new Coalition for the ERA was recently set up to bring the experience and wisdom of old-guard activists together with the energy and social media skills of a new-guard generation of women. In a series of short, accessible chapters looking at several key areas of sex discrimination recognized by the Supreme Court, Equal Means Equal tells the story of the legal cases that inform the need for an ERA, along with contemporary cases in which women's rights are compromised without the protection of an ERA. Covering topics ranging from pay equity and pregnancy discrimination to violence against women, Equal Means Equal makes abundantly clear that an ERA will improve the lives of real women living in America.

The Gender of Constitutional Jurisprudence

Author : Beverley Baines
Publisher : Cambridge University Press
ISBN 13 : 9780521530279
Total Pages : 364 pages
Book Rating : 4.5/5 (32 download)

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Book Synopsis The Gender of Constitutional Jurisprudence by : Beverley Baines

Download or read book The Gender of Constitutional Jurisprudence written by Beverley Baines and published by Cambridge University Press. This book was released on 2005 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.

Constitutional Equality

Author : Tennie Claflin
Publisher : BoD – Books on Demand
ISBN 13 : 3382107201
Total Pages : 158 pages
Book Rating : 4.3/5 (821 download)

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Book Synopsis Constitutional Equality by : Tennie Claflin

Download or read book Constitutional Equality written by Tennie Claflin and published by BoD – Books on Demand. This book was released on 2023-02-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.

Equality and Liberty in the Golden Age of State Constitutional Law

Author : Jeffrey M Shaman
Publisher : Oxford University Press
ISBN 13 : 019971522X
Total Pages : 296 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Equality and Liberty in the Golden Age of State Constitutional Law by : Jeffrey M Shaman

Download or read book Equality and Liberty in the Golden Age of State Constitutional Law written by Jeffrey M Shaman and published by Oxford University Press. This book was released on 2008-04-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution. Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.