Explore
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.
This book is included in DOAB.
Why read this book? Have your say.
You must be logged in to comment.
Rights Information
Are you the author or publisher of this work? If so, you can claim it as yours by registering as an Unglue.it rights holder.Downloads
This work has been downloaded 7 times via unglue.it ebook links.
- 7 - pdf (CC BY-NC-ND) at Unglue.it.
Keywords
- Black & Asian studies
- constitution
- Constitutional & administrative law
- ethnic studies
- Gender studies, gender groups
- Gender studies: women
- Law
- Law and society, gender issues
- Laws of Specific jurisdictions
- Social discrimination and equal treatment
- Social groups
- Society & culture: general
- Society & Social Sciences
Links
DOI: 10.7298/d13j-me98Editions