Preface Introduction Constitutional Law and Slavery Toward a More Perfect Union Constitutional Amendment and Doctrinal Development Separate But Equal Desegregation and the Anti-Discrimination Principle Color Blindness Revisited Original Imperatives and Doctrinal Possibility Bibliography Index
...An incredibly comprehensive yet concise political and legal history of race and the U.S. Constitution...Extensive endnotes and bibliography make this work a must for libraries of all types. Choice
DONALD E. LIVELY is a Professor of Law at the University of Toledo College of Law. He is the author of Modern Communications Law (Praeger, 1991) and Essential Principles of Communications Law (Praeger, 1991).
"Lively has written an incredibly comprehensive yet concise
political and legal history of race and the US Constitution.
Ranging through the compromises on race at the 1787 Philadelphia
Constitutional Convention, the Missouri Compromise, the infamous
Dred Scott and Plessy cases to Brown and the most recent Supreme
Court retrenchments on civil rights, Lively analyzes the "history
of doctrinal potential and incomplete actualization" which is civil
rights in the US. If the late 1960s and early 1970s represented a
coming together of Congress and the courts in the name of civil
rights, the last 15 years have seen a reversal of fortune as a
result of greater public opposition and court-interpreted
constitutional doctrines that are cramped and ill-suited to modern
forms of discrimination. Throughout, Lively finds that remedies are
consistently "implemented in terms that accommodate majoritarian
priorities" and have resulted in the bizarre situation that "the
harshest standard of [constitutional] review . . . has been
reserved primarily for constitutional claims by the dominant racial
group." The author proposes a "jurisprudence of original design"
which would use a sliding scale of scrutiny such that remedial
actions are examined less strictly than those that continue racial
inequality and injustice. Extensive endnotes and bibliography make
this work a must for libraries of all types."-Choice
?Lively has written an incredibly comprehensive yet concise
political and legal history of race and the US Constitution.
Ranging through the compromises on race at the 1787 Philadelphia
Constitutional Convention, the Missouri Compromise, the infamous
Dred Scott and Plessy cases to Brown and the most recent Supreme
Court retrenchments on civil rights, Lively analyzes the "history
of doctrinal potential and incomplete actualization" which is civil
rights in the US. If the late 1960s and early 1970s represented a
coming together of Congress and the courts in the name of civil
rights, the last 15 years have seen a reversal of fortune as a
result of greater public opposition and court-interpreted
constitutional doctrines that are cramped and ill-suited to modern
forms of discrimination. Throughout, Lively finds that remedies are
consistently "implemented in terms that accommodate majoritarian
priorities" and have resulted in the bizarre situation that "the
harshest standard of [constitutional] review . . . has been
reserved primarily for constitutional claims by the dominant racial
group." The author proposes a "jurisprudence of original design"
which would use a sliding scale of scrutiny such that remedial
actions are examined less strictly than those that continue racial
inequality and injustice. Extensive endnotes and bibliography make
this work a must for libraries of all types.?-Choice
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