Equality under the Constitution: Reclaiming the Fourteenth Amendment

by Judith A. Baer

The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.

Genres: Politics, History, Nonfiction

429 pages, Kindle Edition

First published November 1, 1983

Reviews

[Stephie Williams · Rating 3 out of 5]

In this book the author goes through the history of SCOTUS and looks at those cases that used the 14th Amendment to gain greater rights for various groups of the US population. The period of the Reconstruction Amendments, 13, 14, 15. Helped eventually to give blacks Americans equal rights, women's rights, and gay protections. The book was written before the transgender struggle to gain equal rights and non-discrimination protections, nor I believe single sex marriages.

Here are my note driven comments and opinions. Kindle pages are in brackets [] for where text has been quoted or where a particular thought arose.

[44] ". . .'male' and 'female' refer to natural, immutable characteristics." This is arguably wrong. Genders are fluid, and it is genders which have a greater hold, not sex assigned at birth. I say this because gender is what people see, not sex organs. They see gender expression and gender roles, which are social concepts, not immutable characteristics. I could go on to purported acceptations like woman have breasts. But, this is wrong because some cisgender woman are flat, and some transgender women are fairly endowed with hormone treatment. And there is always breast reconstruction in both directs.

[117] "Although there is probably no such thing as one’s personal, in the sense of idiosyncratic, view of natural law—any such views are picked up from the larger society—it is always difficult to show that the principles one accepts are more natural than someone else’s principles." Natural law has it's difficulties. When you apply it to evolution it fails as species evolve or go extinct at a slow pace which is problematic there is clear cut distinctions where species ends and another begins. There is nothing like the Dedekind cut in mathematics. And as mathematicians developed mathematics it is not a natural product either.

[207] "He has a heart defect common in Down’s victims." I can't believe she actually wrote "victims." Granted you can look at any ill person and believe they are victim. It just seems so disrespectful, especially since she wouldn't call a person without Down's who had heart issues a victim (a guess).

I can't say I really got into the book. It was mildly interesting in parts, but I was expecting it to be an an interesting book, but found most parts very dry, although the content comes through. The dryness keeps me from rating this book above 3 stars.

While dated, or rather is not up-to-date, someone's whose interests align with equality or the constitution, or both could get some valuable knowledge. Otherwise the dryness won't sound to attractive for those who's interests lay elsewhere.