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 history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court’s equal protection jurisprudence stops short of stating such core meaning, thus leaving Congress free (subject to appropriate judicial checks) to enforce the full scope of the constitutional guarantee. Araiza’s thesis reconciles the Supreme Court’s ultimate role in interpreting the Constitution with Congress’s superior capacity to transform the Fourteenth Amendment’s majestic principles into living reality. The Fourteenth Amendment’s Enforcement Clause raises difficult issues of separation of powers, federalism, and constitutional rights. Araiza illuminates each of these in this scholarly, timely work that is both intellectually rigorous but also accessible to non-specialist readers.
In 1966, members of the Student Nonviolent Coordinating Committee, an African American civil rights group with Southern roots, joined Cesar Chavez and the United Farm Workers union on its 250-mile march from Delano to Sacramento, California, to protest the exploitation of agricultural workers. SNCC was not the only black organization to support the UFW: later on, the NAACP, the National Urban League, the Southern Christian Leadership Conference, and the Black Panther Party backed UFW strikes and boycotts against California agribusiness throughout the late 1960s and early 1970s. To March for Others explores the reasons why black activists, who were committed to their own fight for equality during this period, crossed racial, socioeconomic, geographic, and ideological divides to align themselves with a union of predominantly Mexican American farm workers in rural California. Lauren Araiza considers the history, ideology, and political engagement of these five civil rights organizations, representing a broad spectrum of African American activism, and compares their attitudes and approaches to multiracial coalitions. Through their various relationships with the UFW, Araiza examines the dynamics of race, class, labor, and politics in twentieth-century freedom movements. The lessons in this eloquent and provocative study apply to a broader understanding of political and ethnic coalition building in the contemporary United States.
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