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Enforcing Equality - Congress, the Constitution, and the Protection of Individual Rights (Hardcover): Rebecca E. Zietlow Enforcing Equality - Congress, the Constitution, and the Protection of Individual Rights (Hardcover)
Rebecca E. Zietlow
R1,986 Discovery Miles 19 860 Ships in 10 - 15 working days

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.

The Forgotten Emancipator - James Mitchell Ashley and the Ideological Origins of Reconstruction (Paperback): Rebecca E. Zietlow The Forgotten Emancipator - James Mitchell Ashley and the Ideological Origins of Reconstruction (Paperback)
Rebecca E. Zietlow
R1,026 Discovery Miles 10 260 Ships in 12 - 19 working days

Congressman James Mitchell Ashley, a member of the House of Representatives from 1858 to 1868, was the main sponsor of the Thirteenth Amendment to the American Constitution, which declared the institution of slavery unconstitutional. Rebecca E. Zietlow uses Ashley's life as a unique lens through which to explore the ideological origins of Reconstruction and the constitutional changes of this era. Zietlow recounts how Ashley and his antislavery allies shared an egalitarian free labor ideology that was influenced by the political antislavery movement and the nascent labor movement - a vision that conflicted directly with the institution of slavery. Ashley's story sheds important light on the meaning and power of popular constitutionalism: how the constitution is interpreted outside of the courts and the power that citizens and their elected officials can have in enacting legal change. The book shows how Reconstruction not only expanded racial equality but also transformed the rights of workers throughout America.

The Forgotten Emancipator - James Mitchell Ashley and the Ideological Origins of Reconstruction (Hardcover): Rebecca E. Zietlow The Forgotten Emancipator - James Mitchell Ashley and the Ideological Origins of Reconstruction (Hardcover)
Rebecca E. Zietlow
R1,645 Discovery Miles 16 450 Ships in 9 - 17 working days

Congressman James Mitchell Ashley, a member of the House of Representatives from 1858 to 1868, was the main sponsor of the Thirteenth Amendment to the American Constitution, which declared the institution of slavery unconstitutional. Rebecca E. Zietlow uses Ashley's life as a unique lens through which to explore the ideological origins of Reconstruction and the constitutional changes of this era. Zietlow recounts how Ashley and his antislavery allies shared an egalitarian free labor ideology that was influenced by the political antislavery movement and the nascent labor movement - a vision that conflicted directly with the institution of slavery. Ashley's story sheds important light on the meaning and power of popular constitutionalism: how the constitution is interpreted outside of the courts and the power that citizens and their elected officials can have in enacting legal change. The book shows how Reconstruction not only expanded racial equality but also transformed the rights of workers throughout America.

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