XIV--Equal Protection
The Constitutional Amendments: Beyond the Bill of Rights series provides in-depth coverage of key amendments ratified since 1791. Using both historical and contemporary primary and secondary sources-including landmark Supreme Court rulings-each volume first presents the historical background of the featured amendment, followed by an examination of how the court system has tested the validity and application of the amendment. The final chapter of each volume looks at contemporary controversies...
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The Constitutional Amendments: Beyond the Bill of Rights series provides in-depth coverage of key amendments ratified since 1791. Using both historical and contemporary primary and secondary sources-including landmark Supreme Court rulings-each volume first presents the historical background of the featured amendment, followed by an examination of how the court system has tested the validity and application of the amendment. The final chapter of each volume looks at contemporary controversies and debates surrounding the amendment and its impact on our everyday lives. All volumes in the series include an annotated table of contents; a chronology; the original text of the amendment along with a straightforward explanation of its key points; an annotated list of relevant court cases; a bibliography; and a subject index. For students and other researchers, Constitutional Amendments: Beyond the Bill of Rights illuminates the amendments and their integral, ongoing impact on American rights and responsibilities.
Foreword 13Amendment Text and Explanation 16Introduction 19Chronology 25Chapter 1 Historical Background of the Fourteenth AmendmentSpeech in the House of Representatives Opposing Adoption of the Fourteenth Amendment Andrew Rogers 34Call for the House of Representatives to Vote on the Fourteenth Amendment Thaddeus Stevens 42Speech in the House of Representatives Praising the Fourteenth Amendment Jehu Baker 46New York Times Editorial Following Ratification of the Fourteenth Amendment New York Times 53Speech in the House of Representatives Opposing Enforcement of the Fourteenth Amendment William S. Holman 57Speech in the Senate Favoring Enforcement of the Fourteenth Amendment Henry Wilson 64Chapter 2 Equal Protection for Racial MinoritiesThe Fourteenth Amendment Prohibits Laws that Are Discriminatory in Effect Stanley Matthews 73Racial Segregation in Public Accommodations Is Not Unconstitutional Henry Billings Brown 79Under the Constitution Racial Segregation Cannot Be Tolerated John Marshall Harlan 85Racial Segregation in Public Education Is Unconstitutional Earl Warren 92Race Cannot Be Used as a Basis for School Admission, Even to Achieve Diversity John Roberts 97Affirmative Action in School Integration Does Not Violate the Fourteenth Amendment Stephen Breyer 104Chapter 3 Equal Protection for Women, Immigrants, and GaysLaws That Discriminate on the Basis of Gender Are Unconstitutional Warren Burger 112Children of Illegal Immigrants Are Entitled to Free Schooling William J. Brennan 116Congress, Not the Courts, Is Responsible for Policies Regarding Illegal Immigrants Warren Burger 124Laws That Discriminate on the Basis ofSexual Orientation Are Unconstitutional Anthony M. Kennedy 130The Constitution Does Not Require Preferential Treatment for Gays Antonin Scalia 137The Supreme Court's Rulings on Equal Protection Have Been Inconsistent Geoffrey R. Stone 146Chapter 4 Current Debate on Equal ProtectionBanning of Same-Sex Marriage Will Someday Be Ruled Unconstitutional Kermit Roosevelt 156A Constitutional Amendment Should Be Adopted to Ban Same-Sex Marriage Richard Land 161The Federal Hate Crimes Bill Would Violate the Concept of Equal Protection Robert H. Knight 166Hate Crime Laws Are Necessary Because Not All Citizens Are Yet Equal Mel Seesholtz 173A Woman Is Entitled to Equal Protection When She Did Not Consent to Pregnancy Eileen McDonagh 180An Unborn Child Is Entitled to Equal Protection Under the Fourteenth Amendment Charles I. Lugosi 186AppendicesA The Amendments to the U.S. Constitution 192B Court Cases Relevant to the Fourteenth Amendment's Equal Protection Clause 194For Further Research 207Index 213
