For Equals Only

Race, Equality, and the Equal Protection Clause

Nonfiction, Reference & Language, Law, Discrimination, Constitutional, Religion & Spirituality, Philosophy
Cover of the book For Equals Only by Tina Fernandes Botts, Lexington Books
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Tina Fernandes Botts ISBN: 9781498501248
Publisher: Lexington Books Publication: September 15, 2018
Imprint: Lexington Books Language: English
Author: Tina Fernandes Botts
ISBN: 9781498501248
Publisher: Lexington Books
Publication: September 15, 2018
Imprint: Lexington Books
Language: English

This book philosophically explores how changing conceptions of race and equality have affected Supreme Court interpretations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution over the years. In the years since the 14th Amendment was ratified in 1868, in its decisions interpreting the Equal Protection Clause, the Supreme Court has switched from using a sociocultural concept of race to using a biological concept of race, and during the same time period has switched from using a social to a legal concept of equality. One result of these trends is the recent emergence of something called 'reverse discrimination.' Another result is that the Equal Protection Clause no longer specially protects racialized persons from racial discrimination, as it was originally intended to do. Using the tools of legal hermeneutics, critical philosophy of race, and critical race theory, key cases of racial discrimination in equal protection law are examined through a historical lens. The Supreme Court’s switch, over the years, from interpreting the Equal Protection Clause as specially protecting racialized persons from continued racial discrimination after the end of the institution of chattel slavery, to interpreting the Clause as protecting everyone from racial discrimination, is tracked alongside changing conceptions of race and equality. As the concept of race became biological, the concept of equality became legal, and the result was the elimination of remedying the negative effects of chattel slavery on the equality status of racialized persons from the Supreme Court’s list of priorities.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book philosophically explores how changing conceptions of race and equality have affected Supreme Court interpretations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution over the years. In the years since the 14th Amendment was ratified in 1868, in its decisions interpreting the Equal Protection Clause, the Supreme Court has switched from using a sociocultural concept of race to using a biological concept of race, and during the same time period has switched from using a social to a legal concept of equality. One result of these trends is the recent emergence of something called 'reverse discrimination.' Another result is that the Equal Protection Clause no longer specially protects racialized persons from racial discrimination, as it was originally intended to do. Using the tools of legal hermeneutics, critical philosophy of race, and critical race theory, key cases of racial discrimination in equal protection law are examined through a historical lens. The Supreme Court’s switch, over the years, from interpreting the Equal Protection Clause as specially protecting racialized persons from continued racial discrimination after the end of the institution of chattel slavery, to interpreting the Clause as protecting everyone from racial discrimination, is tracked alongside changing conceptions of race and equality. As the concept of race became biological, the concept of equality became legal, and the result was the elimination of remedying the negative effects of chattel slavery on the equality status of racialized persons from the Supreme Court’s list of priorities.

More books from Lexington Books

Cover of the book Statesmanship and Reconstruction by Tina Fernandes Botts
Cover of the book This Bridge We Call Communication by Tina Fernandes Botts
Cover of the book Myth, Identity, and Conflict by Tina Fernandes Botts
Cover of the book Emerson's Metaphysics by Tina Fernandes Botts
Cover of the book Resilience in South Sudanese Women by Tina Fernandes Botts
Cover of the book European Identity by Tina Fernandes Botts
Cover of the book Liberty, Individuality, and Democracy in Jorge Luis Borges by Tina Fernandes Botts
Cover of the book The Garden and the Wilderness by Tina Fernandes Botts
Cover of the book Sexual Exploitation and Abuse in UN Peacekeeping by Tina Fernandes Botts
Cover of the book Religion and the State by Tina Fernandes Botts
Cover of the book Cosmopolitanism in the Fictive Imagination of W. E. B. Du Bois by Tina Fernandes Botts
Cover of the book The Politics of Judgment by Tina Fernandes Botts
Cover of the book True Green by Tina Fernandes Botts
Cover of the book U2 Above, Across, and Beyond by Tina Fernandes Botts
Cover of the book Free Will and Consciousness by Tina Fernandes Botts
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy