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- Fourteenth Amendment (25)
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Articles 301 - 330 of 336
Full-Text Articles in Fourteenth Amendment
The War On Women's Fundamental Rights: Connecting U.S. Supreme Court Originalism To Rightwing, Conservative Extremism In American Politics, Donna J. King
Cardozo Journal of Equal Rights & Social Justice
The article argues that the Fourteenth Amendment's Privileges or Immunities Clause, intended to protect fundamental rights for all citizens, including women, has been systematically undermined by the U.S. Supreme Court's originalist interpretations. This erosion, exemplified by cases like SlaughterHouse, has emboldened right-wing extremism and threatens women's rights, particularly in the context of unenumerated fundamental rights. The article contends that the Court's narrow constructions and disregard for legislative history have perpetuated inequality and stripped the Clause of its intended protective power.
Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010), Adam H. Morse
Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010), Adam H. Morse
UIC Law Review
No abstract provided.
Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen
Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen
UIC Law Review
No abstract provided.
Pregnancy And Sex-Role Stereotyping, From 'Struck' To 'Carhart', Neil S. Siegel, Reva B. Siegel
Pregnancy And Sex-Role Stereotyping, From 'Struck' To 'Carhart', Neil S. Siegel, Reva B. Siegel
Faculty Scholarship
The guarantee of equal protection of the laws extends to women as well as men. Yet for the first 100 years of the Fourteenth Amendment’s life, the Supreme Court never found a law unconstitutional on the grounds that it discriminated on the basis of sex. Between 1970 and 1980, social movement advocacy and brilliant litigation by Ruth Bader Ginsburg and others changed our constitutional law. Over the course of the decade, the Court extended the anti-stereotyping principle from discrimination on the basis of race to discrimination on the basis of sex. But fidelity to the principle had its limits. In …
Second Class Delivery: The Elimination Of Birthright Citizenship As A Repeal Of "The Pursuit Of Happiness", Sara C. Barnhart
Second Class Delivery: The Elimination Of Birthright Citizenship As A Repeal Of "The Pursuit Of Happiness", Sara C. Barnhart
Georgia Law Review
In recent years, immigration has been at the forefront of political debate in the United States. In response to concerns over undocumented immigrants, some members of Congress have proposed the elimination of birthright citizenship. Eliminating birthright citizenship means that citizenship at birth would be based on the citizenship of one's parents rather than one's birth in U.S. territory. This Note demonstrates the historical nature of this U.S. immigration controversy by tracing similar movements throughout history. It documents the roots of the common law doctrine of birthright citizenship, followed by a discussion of the protection of citizenship status the Fourteenth Amendment's …
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
UIC Law Review
No abstract provided.
Why Legislative Findings Can Pad-Lock Redistricting Plans In Racial-Gerrymandering Cases, 39 J. Marshall L. Rev. 1371 (2006), Frank Adams
UIC Law Review
No abstract provided.
Self-Defeating Minimalism, Adam B. Cox
Self-Defeating Minimalism, Adam B. Cox
Michigan Law Review First Impressions
Everyone wants a piece of Tom DeLay. The former majority leader is under investigation and indictment, and even the Supreme Court threatened last Term to undo one of his signal achievements. In 2003, DeLay orchestrated a highly unusual mid-decade revision of Texas’s congressional map. The revised map was a boon to Republicans, shifting the Texas congressional delegation from 15 Republicans and 17 Democrats to 21 Republicans and 11 Democrats. The map was attacked as an unconstitutional partisan gerrymander and a violation of the Voting Rights Act. When the Supreme Court agreed to hear those challenges in LULAC v. Perry, many …
Cultural Compactness, Daniel R. Oritz
Cultural Compactness, Daniel R. Oritz
Michigan Law Review First Impressions
The Supreme Court’s opinions in LULAC v. Perry, the Texas redistricting case, confounded expectation. While many believed that the Court would develop the law governing partisan gerrymandering in one direction or another, it did not. As exactly before, such claims are justiciable but there is no law to govern them. In other words, the courthouse doors are open, but until some plaintiff advances a novel theory persuasive to five justices, no claims will succeed. On the other hand, few expected the Court to make any major changes to doctrine under the Voting Rights Act and Shaw v. Reno. But LULAC …
This Way To The Egress And Other Reflections On Partisan Gerrymandering Claims In Light Of Lulac V. Perry, Bernard Grofman
This Way To The Egress And Other Reflections On Partisan Gerrymandering Claims In Light Of Lulac V. Perry, Bernard Grofman
Michigan Law Review First Impressions
After winning control of both houses of the legislature and the governorship, Texas Republicans eventually succeeded in redistricting Texas’s congressional seats in 2003, replacing a 2001 court-drawn plan. LULAC v. Perry reviewed a number of challenges to that second redistricting. The decision deals with a multiplicity of issues, including, most importantly, the standard for violations of Section 2 of the Voting Rights Act and the nature of tests for unconstitutional partisan gerrymandering. While there are some clear holdings in the case, several of them reflect different combinations of Justices in the majority and, since there are six different opinions, it …
Anthony Kennedy's Blind Quest, Scot Powe, Steve Bickerstaff
Anthony Kennedy's Blind Quest, Scot Powe, Steve Bickerstaff
Michigan Law Review First Impressions
League of United Latin American Citizens [LULAC] v. Perry embraced, in the context of partisan gerrymandering, Felix Frankfurter’s conclusion that the Supreme Court should not enter the political thicket of legislative apportionment. Two years earlier in Vieth v. Jubelirer, the Court split 4–1–4 on the justiciability of partisan gerrymandering. O’Conner and the three conservatives held it was nonjusticiable. Each of the four moderate liberals offered a test showing it was justiciable. Kennedy dissented from the conservatives while simultaneously rejecting each of the four tests offered. He announced he was waiting for a better test. When far superior tests were offered …
Lulac On Partisan Gerrymandering: Some Clarity, More Uncertainty, Richard Briffault
Lulac On Partisan Gerrymandering: Some Clarity, More Uncertainty, Richard Briffault
Michigan Law Review First Impressions
In League of United Latin American Citizens (“LULAC”) v. Perry, the Supreme Court, for the second time in two years, agonized over partisan gerrymandering. LULAC’s rejection of a Democratic challenge to the Texas legislature’s mid-decade pro-Republican congressional redistricting resembles the Court’s 2004 dismissal of a Democratic gerrymandering suit against Pennsylvania’s pro-Republican congressional redistricting plan in Vieth v. Jubelirer. As in Vieth, the Justices wrangled over justiciability, the substantive standard for assessing the constitutionality of partisan gerrymandering claims, and the interplay of justiciability and constitutionality. As in Vieth, the Court was highly fragmented: Vieth produced five separate opinions, while LULAC took …
Strict In Theory, Loopy In Fact, Nathaniel Persily
Strict In Theory, Loopy In Fact, Nathaniel Persily
Michigan Law Review First Impressions
Most Supreme Court-watchers find the decision in LULAC v. Perry notable for the ground it breaks concerning Section 2 of the Voting Rights Act and the ground it refuses to break on the topic of partisan gerrymandering. I tend to think the Court’s patchwork application of Section 2 to strike down a district on vote dilution grounds is not all that dramatic, nor is its resolution of the partisan gerrymandering claims all that surprising. The truly unprecedented development in the case for me was Justice Scalia’s vote to uphold what he considered a racial classification under the Equal Protection Clause, …
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
UIC Law Review
No abstract provided.
Constitutional Law—Fourteenth Amendment—The Path Leads To Nowhere: The Supreme Court Re-Examines The Trek Through The Political Thicket. Vieth V. Jubelirer, 541 U.S. 267 (2004)., Vanessa L. Kinney
University of Arkansas at Little Rock Law Review
No abstract provided.
Schiavo And Klein (Symposium), Evan H. Caminker
Schiavo And Klein (Symposium), Evan H. Caminker
Articles
When teaching federal courts, I sometimes find that students are slow to care about legal issues that initially seem picayune, hyper-technical, and unrelated to real-world concerns. It takes hard work to engage students in discussion of United States v. Klein,1 notwithstanding its apparent articulation of a foundational separation of powers principle that Congress may not dictate a "rule of decision" governing a case in federal court. A Civil War-era decision about the distribution of war spoils, one the Supreme Court has hardly ever cited since and then only to distinguish it, in cases involving takings and spotted owls? Yawn.
Resurrecting The White Primary, Ellen D. Katz
Resurrecting The White Primary, Ellen D. Katz
Articles
An unprecedented number of noncompetitive or "safe" electoral districts operate in the United States today. Noncompetitive districts elect officials with more extreme political views and foster more polarized legislatures than do competitive districts. More fundamentally, they inhibit meaningful political participation. That is because participating in an election that is decided before it begins is an empty exercise. Voting in a competitive election is not, even though a single vote will virtually never decide the outcome. What a competitive election offers to each voter is the opportunity to be the coveted swing voter, the one whose support candidates most seek, the …
Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman
Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman
Articles
The Supreme Court's decision in Bush v. Gore, shutting down the recounts of Florida's vote in the 2000 presidential election and effectively awarding the election to George W. Bush, has struck many observers, including myself, as outrageous.' Decisions of the Supreme Court should be more than mere reflections of ideological or partisan preference thinly camouflaged behind legalistic language. It would therefore be pleasant to be able to believe that they are more than that. Accordingly, Judge Richard Posner's analysis,2 in which he defends the result reached by the Court-though not the path by which it got there-is particularly welcome. Though …
Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry
Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald
Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald
Michigan Journal of Race and Law
Part I of this Article reviews the congressional redistricting process in Georgia, particularly the State's efforts to comply with the Voting Rights Act and avoid the dilution of minority voting strength. Part II describes the plaintiffs' constitutional challenge and the State's asserted defenses, or more accurately its lack of asserted defenses. Part III argues that the decision of the majority rests upon wholly false assumptions about the colorblindness of the political process and the harm caused by remedial redistricting. Part IV notes the expansion in Miller of the cause of action first recognized in Shaw v. Reno. Part V …
Progress And Constitutionalism, Robert F. Nagel
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
Freedom Of Speech And The Press
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes
Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes
Cardozo Law Review
No abstract provided.
Federal Protection Of Individual Rights In Local Elections, 13 J. Marshall L. Rev. 503 (1980), Sheldon Gardner, Celeste M. Ebers
Federal Protection Of Individual Rights In Local Elections, 13 J. Marshall L. Rev. 503 (1980), Sheldon Gardner, Celeste M. Ebers
UIC Law Review
No abstract provided.
Log-Rolling And Judicial Review, Michael J. Waggoner
Log-Rolling And Judicial Review, Michael J. Waggoner
Publications
No abstract provided.
Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.
Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.
Scholarly Works
Decisionmaking at the local government level has been significantly affected by both national legislation and federal court decisions seeking to protect the right to vote. Indeed, Professor Sentell feels that the Supreme Court, through decisions invalidating restrictions on the franchise, has involved itself to an unparalleled degree in heretofore purely local affairs. In examining these decisions, the author queries if legitimate voting regulations may be now imposed by local governments. In so doing he focuses upon the Court's equal protection analysis of extraordinary majority vote requirements and elections restricted to certain segments of the electorate and upon the expansive judicial …
Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman
Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman
Michigan Law Review
Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …