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Enforcing Equality: Congress, the Constitution, and the by Rebecca E Zietlow PDF

By Rebecca E Zietlow

In Enforcing Equality, Rebecca E. Zietlow assesses Congress's ancient position in reading the structure and retaining the person rights of electorate, provocatively demanding traditional knowledge that courts, no longer legislatures, are most fitted for this role.

Specifically targeting what she calls “rights of belonging”—a set of confident entitlements which are essential to make sure inclusion, participation, and equivalent club in different communities—Zietlow examines 3 ancient eras: Reconstruction, the recent Deal period, and Civil Rights period of the Sixties. She finds that during those key classes while rights of belonging have been contested and outlined, Congress has performed the position of protector of rights no less than as frequently because the splendid courtroom has followed this function. Enforcing Equality additionally engages in a worldly theoretical research of Congress as a protector of rights, evaluating the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging.

With the hot new appointments to the perfect courtroom and Congressional elections in November 2006, this well timed e-book argues that specific rights are top enforced by means of the political procedure simply because they show the values of our nationwide neighborhood, and as such, litigation is not any alternative for collective political action.

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Additional resources for Enforcing Equality: Congress, the Constitution, and the Protection of Individual Rights

Sample text

And to the full and equal benefit of the laws . .

60 Moreover, it is difficult to imagine how the federal negative would have functioned in the modern day United States. ”61 To a certain extent, history has borne Madison out. As he predicted, over the years the federal courts have not been sufficiently protective of rights of belonging, and congressional action has been necessary to achieve their adequate protection. However, due in large part to the lack of congressional enforcement provisions like Madison’s proposed federal negative, Congress lacked the power to protect rights of belonging during the first eight decades of our country’s history.

The Constitution provides, as we have seen that no person shall be deprived of life, liberty or property, without due process of law. 179 After Dred Scott, Bingham maintained his beliefs. 182 Bingham believed that the Privileges and Immunities Clause of Article IV protected the rights of national, rather than state, citizenship. 185 Bingham stressed the importance of federal supremacy in the debates over the admission of Oregon to statehood and in other debates. ”186 Simply put, what mattered most to Bingham and his allies was federal power to enforce the rights of federal citizenship.

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