New PDF release: Enforcing the Equal Protection Clause: Congressional Power,

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By William D. Araiza

ISBN-10: 1479859702

ISBN-13: 9781479859702

For over a century, Congress’s energy to implement the Fourteenth Amendment’s warrantly of “the equivalent security of the legislation” has offered judges and students with a puzzle. What does it suggest for Congress to “enforce” this sort of wide-ranging, open-ended provision whilst the splendid court docket has insisted by itself superiority in studying the Fourteenth modification? In Enforcing the equivalent defense Clause, William D. Araiza deals a different figuring out of Congress’s enforcement energy and its dating to the Court’s declare to supremacy while reading the Constitution.
 
Drawing at the heritage of yankee considering equality within the many years sooner than and after the Civil battle, Araiza argues that congressional enforcement and judicial supremacy can co-exist, yet provided that the court docket limits its function to making sure that enforcement laws quite promotes the center which means of the equivalent security Clause. a lot of the Court’s equivalent defense jurisprudence stops in need of pointing out such middle that means, therefore leaving Congress loose (subject to acceptable judicial exams) to implement the complete scope of the constitutional warrantly. Araiza’s thesis reconciles the very best Court’s final function in studying the structure with Congress’s more advantageous means to remodel the Fourteenth Amendment’s majestic ideas into dwelling reality.
 
The Fourteenth Amendment’s Enforcement Clause increases tough problems with separation of powers, federalism, and constitutional rights. Araiza illuminates each one of those during this scholarly, well timed paintings that's either intellectually rigorous but in addition available to non-specialist readers.

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Enforcing the Equal Protection Clause: Congressional Power, Judicial Doctrine, and Constitutional Law by William D. Araiza


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