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Enforcing The Equal Protection Clause
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Book Synopsis Enforcing the Equal Protection Clause by : William D. Araiza
Download or read book Enforcing the Equal Protection Clause written by William D. Araiza and published by NYU Press. This book was released on 2015 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Equal Protection by : Robert C. Farrell
Download or read book Equal Protection written by Robert C. Farrell and published by . This book was released on 2013 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Law by : Louis Michael Seidman
Download or read book Constitutional Law written by Louis Michael Seidman and published by . This book was released on 2003 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Due Process of Law and the Equal Protection of the Laws by : Hannis Taylor
Download or read book Due Process of Law and the Equal Protection of the Laws written by Hannis Taylor and published by . This book was released on 1917 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Equal Rights Amendment by : United States Commission on Civil Rights
Download or read book The Equal Rights Amendment written by United States Commission on Civil Rights and published by . This book was released on 1981 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equal Protection by : Robert C. Farrell
Download or read book Equal Protection written by Robert C. Farrell and published by Vandeplas Pub.. This book was released on 2013-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution Publisher : ISBN 13 : Total Pages :1424 pages Book Rating :4.0/5 ( download)
Book Synopsis Affirmative Action and Equal Protection by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
Download or read book Affirmative Action and Equal Protection written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1983 with total page 1424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equal Protection by : David L. Hudson Jr.
Download or read book Equal Protection written by David L. Hudson Jr. and published by Bloomsbury Publishing USA. This book was released on 2018-06-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Government Discrimination by : James A. Kushner
Download or read book Government Discrimination written by James A. Kushner and published by . This book was released on 2007 with total page 1948 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Controversies in Equal Protection Cases in America by : Anne Richardson Oakes
Download or read book Controversies in Equal Protection Cases in America written by Anne Richardson Oakes and published by Routledge. This book was released on 2016-03-03 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Civil Rights Movement - Advancement Through Legislation by : U.S. Supreme Court
Download or read book Civil Rights Movement - Advancement Through Legislation written by U.S. Supreme Court and published by Good Press. This book was released on 2023-12-17 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Press presents to you a unique legal civil right collection comprised of the most important U.S. Civil Rights Acts and Supreme Court decisions considering racial discrimination. Table of Contents: Emancipation Proclamation & Gettysburg Address (1863) Thirteenth Amendment to the United States Constitution (1865) Civil Rights Act of 1866 Fourteenth Amendment to the United States Constitution (1868) Reconstruction Acts (1867-1868) Fifteenth Amendment to the United States Constitution (1870) Enforcement Act of 1870 The First Enforcement Act of 1871 (to enforce the rights of citizens of the United States to vote in the several States of this Union) The Second Enforcement Act of 1871 (Ku Klux Klan Act) Civil Rights Act of 1875 Executive Order 9981 (1948) Voting Rights Law of 1965 Executive Order 11246 (1965) Fair Housing Act (1968) United States Code Title 18 Chapter 13 (1968, 1976, 1988, 1994, 2009) The Community Reinvestment Act (1977) Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2007) Case Law: Strauder v. West Virginia (1880) Buchanan v. Warley (1917) Shelley v. Kraemer (1948) Sweatt v. Painter (1950) Brown v. Board of Education (1954) Boynton v. Virginia (1960) Heart of Atlanta Motel Inc. v. United States (1964) Loving v. Virginia (1967) Jones v. Alfred H. Mayer Co. (1968) Regents of the University of California v. Bakke (1978) Batson v. Kentucky (1986)
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.
Book Synopsis Amendment XIV: Equal Protection by : Sylvia Engdahl
Download or read book Amendment XIV: Equal Protection written by Sylvia Engdahl and published by Greenhaven Publishing LLC. This book was released on 2009-01-16 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Editor Sylvia Engdahl explores a highly controversial topic, the right to equal protection under the law. This right grants everyone protection, but we haven't always granted it equally. Timely essays in this volume debate school segregation, a woman's right in relation to non-consent pregnancy, an unborn child's rights, the rights of children of illegal immigrants, and gay marriage.
Book Synopsis Constitutional Law by : Steven D. Jamar
Download or read book Constitutional Law written by Steven D. Jamar and published by Aspen Publishing. This book was released on 2017-02-28 with total page 1322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Power, Liberty, Equality presents most of the constitutional law cases generally considered canonical and, with one important exception, follows the tried and true organizational means widely used in constitutional law texts of dividing chapters and sections are along subject matter lines such as the Commerce Clause, equal protection, freedom of expression, and so on. Nonetheless, this book differs from other constitutional law textbooks in important ways. The text introduces cases by providing contextual information and by explicitly articulating much of the black letter law being introduced. Under this structure the cases provide the student with the opportunity to more easily see the difference between the doctrine per se and how it is actually developed and used by the Court. Cases become examples of the rules being applied and vehicles for deeper exploration of broader principles and themes.
Book Synopsis The Dilemma in the Congressional Power to Enforce the Fourteenth Amendment by : Frederick P. Lewis
Download or read book The Dilemma in the Congressional Power to Enforce the Fourteenth Amendment written by Frederick P. Lewis and published by . This book was released on 1980 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Requirement for Equal Protection and Equal Treatment, Form #05.033 by : Sovereignty Education and Defense Ministry (SEDM)
Download or read book Requirement for Equal Protection and Equal Treatment, Form #05.033 written by Sovereignty Education and Defense Ministry (SEDM) and published by Sovereignty Education and Defense Ministry (SEDM). This book was released on 2020-02-06 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents constraints upon the government in providing equal protection and equal treatment that you can use as evidence in legal proceedings. For reasons why NONE of our materials may legally be censored and violate NO Google policies, see: https://sedm.org/why-our-materials-cannot-legally-be-censored/
Book Synopsis Statement of the U.S. Commission on Civil Rights on Civil Rights Enforcement in Education by : United States Commission on Civil Rights
Download or read book Statement of the U.S. Commission on Civil Rights on Civil Rights Enforcement in Education written by United States Commission on Civil Rights and published by . This book was released on 1983 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
