View the Table of Contents. Read the Introduction.
aZietlowas work turns scholarship in this area on its head. This
provocative book will prove of interest to a very wide
audience.a
--"Choice"
"Zietlow performs a valuable service in probing the belief that
courts are, by historical tradition, and institutional design,
better protectors of minority rights than a legislative body such
as Congress."
--Reva Siegel, Nicholas deB. Katzenbach Professor of Law, Yale Law
School
In Enforcing Equality, Rebecca E. Zietlow assesses Congress's
historical role in interpreting the Constitution and protecting the
individual rights of citizens, provocatively challenging
conventional wisdom that courts, not legislatures, are best suited
for this role.
Specifically focusing on what she calls "rights of belonging"--a
set of positive entitlements that are necessary to ensure
inclusion, participation, and equal membership in diverse
communities--Zietlow examines three historical eras:
Reconstruction, the New Deal era, and Civil Rights era of the
1960s. She reveals that in these key periods when rights of
belonging were contested and defined, Congress has played the role
of protector of rights at least as often as the Supreme Court has
adopted this role. Enforcing Equality also engages in a
sophisticated theoretical analysis of Congress as a protector of
rights, comparing the institutional strengths and weaknesses of
Congress and the courts as protectors of the rights of
belonging.
With the recent new appointments to the Supreme Court and
Congressional elections in November 2006, this timely book argues
that individual rights are best enforced by the political process
because they expressthe values of our national community, and as
such, litigation is no substitute for collective political
action.
General
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