How the U.S. Supreme Court Thwarts Congressional Progress Towards Equality
14 Pages Posted: 27 May 2014 Last revised: 19 Jun 2014
Date Written: May 26, 2014
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 §5 of the Fourteenth Amendment is remedial and not substantive.
Keywords: equality, congressional power
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