Enforcing the Equal Protection Clause

Enforcing the Equal Protection Clause ebook complet au format Pdf, ePub et Kindle. Enforcing the Equal Protection Clause de William D. Araiza, publié par NYU Press le 2016-01-01 avec 576 pages. Enforcing the Equal Protection Clause est l'un des livres populaires de Law parmi de nombreux autres livres complets sur amazon kindle illimité, cliquez sur Obtenir un livre pour commencer à lire et télécharger des livres en ligne gratuitement dès maintenant. Obtenez plus d'avantages avec l'essai gratuit Kindle Unlimited, vous pouvez lire autant de livres que vous le souhaitez maintenant.

  • Enforcing the Equal Protection Clause

  • Auteur : William D. Araiza
  • Editeur : NYU Press
  • Isbn Code : 1479848999
  • Genre : Law
  • Nombre de pages : 336
  • Date de publication : 2016-01-01
  • Évaluation des livres 4.5
    Par 38 lecteurs

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.

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