Congress and the Politics of Emerging RightsColton C. Campbell, John F. Stack Rowman & Littlefield, 2002 - 197 halaman When average Americans think of rights, they generally conceive of written guarantees, like the Bill of Rights, which provide a framework for the defense and protection of individuals. But America has changed since the Constitution was written--technologically in terms of cars, telephones, and e-mail, and socially in terms of changing marriage patterns, urban violence, and gender equality. A panoply of rights never envisioned by our Founding Fathers has thus emerged. Reflecting the dynamism of America, provisions of the Constitution and the Bill of Rights have been interpreted and reinterpreted over time to protect a variety of rights not explicitly stated within these documents. As the U.S. Congress enters its third century, rights issues present complex problems for Congress and its members. Congress and the Politics of Emerging Rights explores the various dimensions of emerging rights from congressional and judicial perspectives, illustrating both personal and institutional challenges, especially under conditions of divided government and increased levels of partisanship. |
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Halaman 1
... amendments to the Constitution that provide a framework for the defense and protection of the individual . But the drafters of the Bill of Rights were not think- ing about issues such as reproductive rights , gay rights , the right to ...
... amendments to the Constitution that provide a framework for the defense and protection of the individual . But the drafters of the Bill of Rights were not think- ing about issues such as reproductive rights , gay rights , the right to ...
Halaman 3
... Amendment . Legislators also created a right to special assis- tance for people with disabilities , especially those with physical disabilities , requiring large expenditures by state and local governments , employers , and edu ...
... Amendment . Legislators also created a right to special assis- tance for people with disabilities , especially those with physical disabilities , requiring large expenditures by state and local governments , employers , and edu ...
Halaman 4
... Amendment's due process clause . In pro- hibiting nearly all forms of race discrimination and most forms of sex discrimi- nation , the Court has relied on the Equal Protection Clause . Ironically , when the Fourteenth Amendment was ...
... Amendment's due process clause . In pro- hibiting nearly all forms of race discrimination and most forms of sex discrimi- nation , the Court has relied on the Equal Protection Clause . Ironically , when the Fourteenth Amendment was ...
Halaman 5
... Amendment did not trust the judiciary to protect the rights of then - newly freed slaves . In the past decade , however , the Rehnquist bare majority has mandated its own narrow con- ception of the rights protected by the Fourteenth ...
... Amendment did not trust the judiciary to protect the rights of then - newly freed slaves . In the past decade , however , the Rehnquist bare majority has mandated its own narrow con- ception of the rights protected by the Fourteenth ...
Halaman 6
... amendment , introduced by Representative Howard Smith ( D - Va . ) in order to defeat the passage of the Civil ... amendments , including the First , Third , Fifth , and Fourteenth Amendments . Beginning in the 1960s public and ...
... amendment , introduced by Representative Howard Smith ( D - Va . ) in order to defeat the passage of the Civil ... amendments , including the First , Third , Fifth , and Fourteenth Amendments . Beginning in the 1960s public and ...
Isi
Congressional Power to Establish and Enforce Social Rights after United States v Morrison Limits and Possibilities | 11 |
Ironies and Unanticipated Consequences of Legislation Title VII of the 1964 Civil Rights Act and Sexual Harassment | 27 |
Expanding Privacy at Work and at Home | 43 |
From Privacy Rights to Privacy Protection Congressional Formulation of Online Privacy Policy | 45 |
A Right too Far? The Congressional Politics of DOMA and ENDA | 65 |
Institutional Rights and Change | 83 |
The Emerging Rights of States Revitalized Federalism | 85 |
Representing Congress Protecting Institutional and Individual Members Rights in Court | 105 |
Comparative Rights | 129 |
Rights in America through a Comparative Lens | 131 |
The United States Constitution | 147 |
167 | |
183 | |
About the Contributors | 195 |
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106th Congress American amicus Appeals Article attorney authority Bill of Rights Brzonkala citizens City of Boerne Civil Rights Act Civil Rights Remedy claims Clinton College Savings Bank Commerce Clause congressional legal counsels constitutionality consumer debate clause decisions Declaration defend democracy Democratic Department of Justice discrimination district court DOMA domestic violence EEOC EEOC's election Eleventh Amendment employers employment ENDA enforcement executive branch federal court filed Fourteenth Amendment gay marriage gay rights House general counsel House of Representatives human rights individual rights institution interests Internet interstate commerce issue judicial lawmaking legislation legislature litigation Lopez majority ment Meritor Savings Bank Morrison online privacy personal information political regulate Rehnquist Republican same-sex marriage Section Seminole Tribe Senate legal counsel sexual harassment social sovereign immunity speech or debate statute suit Supreme Court Tenth Amendment tion Title VII U.S. Constitution unconstitutional United VAWA Vice President violation vote web bugs