For equals only : race, equality, and the equal protection clause

Resource Information

The work For equals only : race, equality, and the equal protection clause represents a distinct intellectual or artistic creation found in Waubonsee Community College. This resource is a combination of several types including: Work, Language Material, Books.

Label

For equals only : race, equality, and the equal protection clause

Title remainder

race, equality, and the equal protection clause

Statement of responsibility

Tina Fernandes Botts

Creator

• Botts, Tina Fernandes

Author

• Botts, Tina Fernandes

Subject

• Race discrimination -- Law and legislation -- United States
• United States, Supreme Court
• United States.
• Equality before the law -- United States
• Minorities -- Civil rights

Language

eng

Summary

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

Member of

• Philosophy of race

Cataloging source

DLC

Dewey number

342.7308/5

Index

index present

LC call number

KF4755

LC item number

.B68 2018

Literary form

non fiction

Nature of contents

bibliography

Series statement

Philosophy of race