Enforcing Equality
eBook - ePub

Enforcing Equality

Congress, the Constitution, and the Protection of Individual Rights

  1. 265 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Enforcing Equality

Congress, the Constitution, and the Protection of Individual Rights

About this book

In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role.
Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging.
With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.

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Yes, you can access Enforcing Equality by Rebecca E Zietlow in PDF and/or ePUB format, as well as other popular books in Law & Public Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
NYU Press
Year
2006
Print ISBN
9780814797075
eBook ISBN
9780814797334
Topic
Law
Subtopic
Public Law
Index
Law

Table of contents

  1. Cover Page
  2. Title Page
  3. Copyright Page
  4. Dedication
  5. Contents
  6. Acknowledgments
  7. 1 Introduction
  8. 2 Congress and Rights before the Civil War
  9. 3 Belonging, Protection, and Equality: The Reconstruction Congress
  10. 4 Belonging and Social Citizenship: The New Deal and the Wagner Act
  11. 5 To Secure These Rights: The 1964 Civil Rights Act
  12. 6 The New Parity Debate
  13. 7 Rights of Belonging and Popular Constitutionalism
  14. 8 Considering Rights of Belonging, Moral Values, and Community
  15. Notes
  16. Bibliography
  17. Index
  18. About the Author