This volume follows the push for equal treatment regardless of age, gender, disabilities, economic status, or sexual orientation. It focuses on legislation such as the Americans with Disabilities Act, and political initiatives and movements such as The Great Society, the ERA, and the War on Poverty. Here are American's interpretations of equal rights, then and now.
With the new eleventh edition, the book gives particular attention to current developments in the Court, including the leadership of Chief Justice Roberts, the key position of Justice Kennedy as "swing" justice, and the Court's role in shaping national policy on such issues as campaign finance and health care. In addition, it examines the impact on the Court of the growing polarization that has reshaped politics in the United States.
In the text the author provides, for the first time, a comprehensive review of case law principles in non-technical terms that are central to today's personnel management and decision-making: First Amendment freedoms, procedural due process, equal protection of the laws with respect to anti-discrimination, affirmative action, and compensation, and governmental and official liability. The author concludes that although excessive legalism may undoubtedly cause administrative timidity, a constitutionally competent administrator should be able to overcome this timidity; more important, a democratic administration grounded in constitutional values promises the best of all possible alternatives. This book is an invaluable addition to education and training for the students of public administration, as well as public administration practitioners at all levels in the United States. It also provides an important insight for the scholars of public administration in other parts of the world.
In this provocative and important book, Fair, the eighth of ten children born to a single mother on public assistance in an Ohio ghetto, combines two histories--America's and his own- -to offer a compelling defense of affirmative action. How can it be, Fair asks, that, after hundreds of years of racial apartheid during which whites were granted 100% quotas to almost all professions, we have now convinced ourselves that, after a few decades of remedial affirmative action, the playing field is now level? Centuries of racial caste, he argues, cannot be swept aside in a few short years.
Fair ambitiously surveys the most common arguments for and against affirmative action. He argues that we must distinguish between America in the pre-Civil Rights Movement era--when the law of the land was explicitly anti-black--and today's affirmative action policies--which are decidedly not anti- white. He concludes that the only just and effective way in which to account for America's racial past and to negotiate current racial quagmires is to embrace a remedial affirmative action that relies neither on quotas nor fiery rhetoric, but one which takes race into account alongside other pertinent factors.
Championing the model of diversity on which the United States was purportedly founded, Fair serves up a personal and persuasive account of why race-conscious policies are the most effective way to end de facto segregation and eliminate racial caste.
Table of Contents
A Note to the Reader
Preface: Telling Stories
Recasting Remedies as Diseases
The Design of This Book
Pt. 1. A Personal Narrative
Not White Enough
The Character of Color
Diversity as One Factor
The Deception of Color Blindness
Pt. 2. White Privilege and Black Despair: The Origins of Racial Caste in America
The Declaration of Inferiority
Inventing American Slavery
The Road to Constitutional Caste
Losing Second-Class Citizenship
Reconstruction and Sacrifice
Separate and Unequal
The Color Line
Critiquing Color Blindness
Pt. 3. The Constitutionality of Remedial Affirmative Action
The Origins of Remedial Affirmative Action
The Court of Last Resort
The Invention of Reverse Discrimination
The Politics of Affirmative Action: Myth or Reality?
There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words.
; Guide to the Court's functions and the ways in which it goes about its work
; Topically organized sequences of cases through which the law on particular issues evolved, including the facts of each case; the specific issues before the Court; the Court's decision, embodied in the text of the majority opinion; an account of all opinions handed down; and excerpts from the most influential concurrences and dissents
; Commentary summarizing current federal law on each of the controversial topics covered, with notes on the historical background-and in some cases the turbulent aftermath-of the Court's decisions
What Happened to Our Constitutional Liberties and the Rule of Law?
Congress enacts ambiguous statutes demanded by radical groups; federal bureaucrats implement those laws as the groups demand; then, out-of-control activist judges, in lawsuits brought by those groups, interpret the laws as those groups insist.
Meanwhile, others in Congress, the Executive, and the Judiciary do nothing!
In Warriors for the West: Fighting Bureaucrats, Radical Groups, and Liberal Judges on America's Frontier, William Perry Pendley puts human faces on Westerners' historic and often precedent-setting fights against:
"Lying and cheating" bureaucrats and their ethically challenged lawyers
Clinton's attacks on logging, mining, and energy exploration
Government as a bullying bad neighbor
Criminalizing everything for "environmental protection"
Seizure of "private property" for "public use" without "just compensation"
An much, much more
No one escapes Pendley's well-documented truth telling. All are held accountable: Congress, bureaucrats, extremist groups, and activist judges.
Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.