Equal Protection: Rights and Liberties Under the LawToday'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. |
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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 |
361 | |
About the Author | 383 |