Enforcing the Equal Protection Clause : Congressional Power, Judicial Doctrine, and Constitutional Law /

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"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 t...

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Bibliographic Details
Main Author: Araiza, William D. (Author)
Format: Electronic eBook
Language:Inglés
Published: London : New York University Press, [2015]
Series:Book collections on Project MUSE.
Subjects:
United States. > Constitution. > 14th Amendment.
Constitution (United States)
Legislative power.
Judicial review.
Equality before the law.
Discrimination > Law and legislation.
LAW > Public.
LAW > Constitutional.
Contrôle juridictionnel des lois > États-Unis.
Judicial review > United States.
Discrimination > Law and legislation > United States.
Legislative power > United States.
Equality before the law > United States.
United States.
Electronic books.
Online Access:Texto completo
Table of Contents:
  • Equal protection before the modern era
  • The rise and fall of Carolene Products
  • A historical introduction to the enforcement power
  • Where we are now: the enforcement power in today's court
  • The modern enforcement power: principles and paradoxes
  • Constitutional law and legislative policy
  • What to do about it: constructing a modern enforcement power
  • Refocusing congruence and proportionality
  • The deference question
  • An aside on state action
  • Applying the fix: equal protection and beyond
  • Irrationality, animus, and deference
  • Beyond irrationality and animus: the enforcement power in other contexts
  • Conclusion: an enforcement power for a Twenty-First-century constitutional democracy.

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