Equality under the Constitution

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. Ju...

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Glavni autor: Baer, Judith A.
Format: Online
Jezik:engleski
Izdano: Cornell University Press 2022
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Online pristup:ONIX_20220715_9781501722752_836
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author Baer, Judith A.
author_browse Baer, Judith A.
author_facet Baer, Judith A.
author_sort Baer, Judith A.
collection Directory of Open Access Books
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.
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spelling doab-20.500.12854ir-890892024-03-30T23:25:03Z Equality under the Constitution Baer, Judith A. Constitution thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general 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. 2022-07-15T15:20:47Z 2022-07-15T15:20:47Z 2018 book ONIX_20220715_9781501722752_836 9781501722752 https://directory.doabooks.org/handle/20.500.12854/89089 eng image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://muse.jhu.edu/book/58016 Cornell University Press 10.1353/book.58016 10.1353/book.58016 05937e7b-c222-4680-9580-c09c5ce7a11e 9781501722752 312 open access
spellingShingle Constitution
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general
Baer, Judith A.
Equality under the Constitution
title Equality under the Constitution
title_full Equality under the Constitution
title_fullStr Equality under the Constitution
title_full_unstemmed Equality under the Constitution
title_short Equality under the Constitution
title_sort equality under the constitution
topic Constitution
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general
topic_facet Constitution
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general
url ONIX_20220715_9781501722752_836
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