How the U.S. Supreme Court Thwarts Congressional Progress Towards Equality

14 Pages Posted: 27 May 2014 Last revised: 19 Jun 2014

See all articles by Patrick Wiseman

Patrick Wiseman

Georgia State University-College of Law

Date Written: May 26, 2014

Abstract

The U.S. Supreme Court has made several mistakes in its equality jurisprudence, mistakes which withdraw from Congress the constitutional power to enact legislation which might advance equality. These mistakes include allowing legislation to redress only wrongs which could be redressed through litigation, failing to distinguish between constitutional limitations on states and on the federal government, denying any difference between inclusive and exclusive legislative classifications, and insisting that congressional authority under ยง5 of the Fourteenth Amendment is remedial and not substantive.

Keywords: equality, congressional power

Suggested Citation

Wiseman, Patrick, How the U.S. Supreme Court Thwarts Congressional Progress Towards Equality (May 26, 2014). Georgia State University College of Law, Legal Studies Research Paper No. 2014-17, Available at SSRN: https://ssrn.com/abstract=2442017 or http://dx.doi.org/10.2139/ssrn.2442017

Patrick Wiseman (Contact Author)

Georgia State University-College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States
4044139163 (Phone)

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