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Race, Equality, and the Equal Protection Clause

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For Equals Only

Race, Equality, and the Equal Protection Clause

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Description

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.

Table of Contents

Introduction
Chapter Summaries
Chapter 1: Scholarly Backdrop
Legal Hermeneutics
Critical Philosophy of Race
Critical Race Theory
Origins: The Work of Derrick Bell
Critical Race Theory and Equality
Chapter 2: Equal Protection and Racialized Persons
The Rise of Separate But Equal Doctrine
What is Equal Protection?
Racial Discrimination Per Se Begins: Japanese Americans after WWII
Social Segregation
Separate as Inferior
Separate But Equal Overturned
Racial Classifications and Marriage
Discriminatory Intent vs. Discriminatory Impact
Bakke: Racial Discrimination Per Se is Formalized
Post-Bakke Fall-Out
Concluding Reflections
Chapter 3: The Concept of Race and Equal Protection Law
The Supreme Court's Switch from Sociocultural/Sociohistorical Race to Biological Race
The Academic Switch from Biological Race to Sociocultural/Sociohistorical Race
A Change in Understanding of the Problem of Racial Discrimination
Concluding Reflections
Chapter 4: The Concept of Equality and Equal Protection Law

Product details

Published 15 Sep 2018
Format Hardback
Edition 1st
Extent 142
ISBN 9781498501231
Imprint Lexington Books
Illustrations 1 tables;
Dimensions 238 x 159 mm
Series Philosophy of Race
Publisher Bloomsbury Publishing

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