Wyniki wyszukiwania:

For over a century, Congress's power to enforce the Fourteenth Amendment's guarantee of -the equal protection of the laws- has presented judges and scholars with a puzzle. What does it mean for Congress to -enforce- such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress's enforcement power and its relationship to the Court's claim to supremacy when interpreting the Constitution. Drawing on the...

An introduction to the legal concept of unconstitutional bias.

If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don't want -those kinds of people- in the neighborhood, the town's decision is motivated by the public's dislike of a particular group. Constitutional law calls this rationale -animus.-

Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court's condemnation...