សាកលវិទ្យាល័យ ប៊ែលធី អន្តរជាតិ

World Wide E-Library

Book Cover

Read PDF
Article By JSTOR

Equality under the Constitution

Author

Baer, Judith A.

Year

1983

Publisher

Cornell University Press

Type

BOOK

Category

Law

Language

English

Pages

309

ISBN

978-1-50172-274-5

Link

Last Update

09-Sep-2024

Keywords

LAW / Constitutional;LAW / Gender & the Law;SOCIAL SCIENCE / Discrimination & Race Relations

Description

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.

Related

See More
Image Description

Brexit and Beyond

Brexit and Beyond
Image Description

Culture and Content in French

Culture and Content in French
Image Description

Global University Rankings and the Politics of Knowledge

Global University Rankings and the Politics of Knowledge
Image Description

A Buddha Land in This World

A Buddha Land in This World
Image Description

Colonialism, Institutional Change, and Shifts in Global Labour Relations

Colonialism, Institutional Change, and Shifts in Global Labour Relations
Image Description

A Civil Society

A Civil Society