Equal Protection: Rights and Liberties Under the Law

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ABC-CLIO, 2003 - Political Science - 383 pages

An introductory survey of the government's role in America's continuing drive for equality.


Today's lingering inequalities, particularly the American dilemma of racism, runs throughout U.S. history. Equal Protection provides readers with a historical overview of the controversies over the issue of equality, an understanding of how government-and, particularly, the courts and Congress-has reacted to these controversies, and the role these issues have played in shaping U.S. society.

This volume follows the push for equal treatment regardless of age, gender, disabilities, economic status, or sexual orientation. It focuses on legislation such as the Americans with Disabilities Act, and political initiatives and movements such as The Great Society, the ERA, and the War on Poverty. Here are American's interpretations of equal rights, then and now.


  • Includes a section of A-Z entries covering people, laws, events, judicial decisions, statutes, and concepts related to equal protection in the United States
  • Primary source documents include court decisions, executive orders, and legislation that shaped the status of equal protection in our society today

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Contents

Introduction
1
Compromising with the Devil
2
The Court and Slavery
7
The Civil War and the ReconstructionEra Amendments
12
The End of Reconstruction
21
The Court Reenters the Fray
27
The NAACP and Its Legal Strategy
29
The Supreme Court Reexamines Separate but Equal
32
Dred Scott v Sandford 1856
198
The Emancipation Proclamation 1863
204
The Freedom Amendments 1865 1868 1870
205
The Civil Rights Cases 1883
207
Plessy v Ferguson 1896
215
Brown v Board of Education 1954
220
Brown v Board of Education II 1955
222
Cooper v Aaron 1958
224

School Segregation before the Court
35
The Cooper v Aaron and Green v County School Board Decisions
45
Conclusion
48
References and Further Reading
49
Origins and Development
51
The Burger Court
55
The Busing Controversy
60
Affirmative Action
69
Conclusion
91
References and Further Reading
95
The Twentieth Century
97
The Demise of the Old Court and the Rise of the Modern Court
99
The New Equal Protection
101
The Court and Legislative Apportionment
105
Substantive Equal Protection
119
The Burger Court and Fundamental Rights
128
The Burger Court and Sex Discrimination
134
The Rehnquist Court and the New Equal Protection
142
Conclusion
152
References and Further Reading
155
Twentyfirst Century Issues
157
References and Further Reading
162
Key People Cases and Events
163
Documents
193
Selections from the US Constitution 1787
195
The Missouri Compromise 1820
197
Reynolds v Sims 1964
227
Green v County School Board 1968
231
Swann v Board of Education 1971
233
Frontiero v Richardson 1973
239
Keyes v School District No 1 Denver 1973
243
San Antonio v Rodriguez 1973
249
Milliken v Bradley 1974
255
Craig v Boren 1976
258
Regents of the University of California v Bakke 1978
261
Rostker v Goldberg 1981
272
Bowers v Hardwick 1986
274
Richmond v J A Croson Co 1989
278
Freeman v Pitts 1992
284
Shaw v Reno 1993
288
Adarand Constructors Inc Petitioner v Federico Pena Secretary of Transportation et al 1995
292
Romer v Evans 1996
298
United States v Virginia 1996
303
Gratz and Hamacher v Bollinger 2003
309
Grutter v Bollinger 2003
313
Lawrence and Garner v Texas 2003
323
Chronology
335
Table of Cases
341
Annotated Bibliography
345
Index
361
About the Author
383
Copyright

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Page 221 - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
Page 44 - To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
Page 44 - We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
Page 100 - There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth.
Page 228 - Legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interests. As long as ours is a representative form of government, and our legislatures are those instruments of government elected directly by and directly representative of the people, the right to elect legislators in a free and unimpaired fashion is a bedrock of our political system.
Page 136 - Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life.
Page 120 - This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind. But I do not conceive that to be my duty, because I strongly believe that...
Page 26 - But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.
Page 221 - ... rural areas; the school term was but three months a year in many states; and compulsory school attendance was virtually unknown. As a consequence, it is not surprising that there should be so little in the history of the Fourteenth Amendment relating to its intended effect on public education. In the first cases in this Court construing the Fourteenth Amendment, decided shortly after its adoption, the Court interpreted it as proscribing all state-imposed discriminations against the Negro race....

References to this book

Racial Profiling
Deborah Kops
Limited preview - 2007

About the author (2003)

Francis Graham Lee is professor of political science at Saint Joseph's University, Philadelphia, PA.

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