Even the Children of Strangers: Equality under the U.S. Constitution / Edition 1

by Donald W. Jackson

Overview

In 1883 the Supreme Court upheld a state law prohibiting intermarriages between blacks and whites. The logic: punishment was the same for offenders of both races. Ten years earlier, law-school graduate Myra Bradwell was denied admission to the bar in Illinois. The reasoning: "Proper timidity and delicacy evidently unfits [women] from many of the occupations of civil life."

Although diverse cases, they shared a common bond. Both denied equality yet both followed the 1868 ratification of the Equal Protection Clause of the Fourteenth Amendment.
In Even the Children of Strangers, Donald W. Jackson unravels the complex meanings of equal protection doctrine and its various interpretations over the last 134 years. Characterized by anything but consensus, constitutional law and democratic theory have been tested in the Supreme Court's evolving applications of such landmark decisions as Plessy v. Ferguson ("separate but equal"), Brown v. Board of Education, and the Bakke case.

Jackson explores the conceptual basis for a variety of "pecking orders" (or discriminations)—most notably race and sex, but also wealth, occupation, and education—that have been used to justify special privilege, status, or rewards. He also examines the tensions between equal protection and American individualism. After making a comparison between U.S. equal protection laws with those in Canada and India and certain provisions of international law, he offers possible ways to resolve apparently intractable conflicts between individualism and affirmative action policies.

An assumption of human equality is always appropriate and the burden of proof should always be on those who want to justify treating people differently, for whatever reason, Jackson argues. Our historic difficulty, he contends, has not been with the principle of equality but with the inferior reasons we have accepted for deviating from that principle.

"Human equality and its conceptual companions, human brotherhood and sisterhood, often appear to us as 'strangers' these days," Jackson writes. "The faces of 'strangers' such as equality and brotherhood are usefully evocative, but only when we bother to notice them."

Deliberately cast for the general reader, this study should considerably widen the public understanding of equality and raise the level of the debates that surround it.

Product Details

ISBN-13:	9780700605484
Publisher:	University Press of Kansas
Publication date:	09/21/1992
Series:	Monographs; 79
Pages:	296
Product dimensions:	6.00(w) x 9.00(h) x (d)

Table of Contents

Preface

1. Introduction

2. Understanding Key Concepts of Equality

3. Reconstruction and Equal Protection

4. Early Interpretations of Equal Protection

5. Laissez-Faire and Economic Equal Protection

6. The Path to Brown v. Board of Education

7. Segregation and Desegregation—The Consequences of Brown

8. Integration, Busing, and Group-Regarding Equality

9. Affirmative Action Programs in Higher Education and Employment

10. Equal Protection and Sex Discrimination

11. Breaking New Ground for Categorical Discrimination

12. Equality from a Multinational Perspective

13. Conclusion: Equality for Future Reference

Notes

Bibliography

Index

Editorial Reviews

"Jackson has written one of the most comprehensive and thought-provoking treatises on equal protection to date. And perhaps, more importantly, he has done so in a way that is highly readable by scholar and general reader alike."—Choice

"A useful and well-documented introduction to a perplexing area of law and theory."—Social Science Quarterly

"A well written and comprehensive account of various conceptions of equality in American constitutional law from the Reconstruction period to the present."—Southeastern Political Review

"Jackson presents a constitutional history of equal protection doctrine, providing valuable historical perspective and philosophical grounding."—Judith Baer, author of Equality under the Constitution: Reclaiming the Fourteenth Amendment and Women in American Law

"Made me proud of the struggle we as a people have waged and continue to wage to bring definition and clarity to the issue of equality. Donald Jackson is hopeful for the future. This is a book that must be read by those who question or believe that equality is a viable part of America’s essence."—Barbara Jordan, professor of ethics in politics at the Lyndon B. Johnson School of Public Affairs, University of Texas at Austin, and former U.S. Representative

"Both graceful and solid, this book covers all the bases for an initial study of equality in America. It combines analytic philosophy with political history, comparative politics with comparative case studies. Jackson is equally comfortable parsing legal doctrines or recounting political battles. Most importantly, he breaks through the usual debate between groups and individuals with the sophisticated but simple concept of ‘distance travelled.’ It is potentially of great use to policy makers as well as policy analysts."—Jennifer L. Hochschild, author of What’s Fair: America’s Beliefs about Distributive Justice and The New American Dilemma: Liberal Democracy and School Desegregation

From the Publisher