The Constitution and Race

The Constitution and Race

by Donald E. Lively
The Constitution and Race
The Constitution and Race

The Constitution and Race

by Donald E. Lively

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Overview

Race, as this book demonstrates, has been a factor in the Constitution's framing, ratification, and development. Examined specifically and in detail are: * the accommodation of slavery to create a viable republic; * the Union's experience with and eventual undoing by slavery; * reconstruction of the nation pursuant to seminal principles of racial equality; * persisting efforts to limit or defeat constitutional provisions for equality and opportunity; * the desegregation mandate and its devolution; and * modern problems in accounting for a legacy of racial discrimination and disadvantage. The Constitution is the overarching statement of popular will and consent and thus an especially apt prism through which to discern racial truths and the context and values that influence them. Constitutional law affords a particularly useful departure point for acquiring perspective upon moral reality and legal possibility. This book is rich in its analysis of the Supreme Court's response to society's ambiguities, concerns, and conscience in the matters of race. In examining problems and issues which historically have engendered dispute and division, it suggests a potentially consensual basis of ascertaining the Constitution's still unfinished business.

The nation's enduring ambivalence and the price it pays in less than consistent constitutional interpretations on racial questions is both enlightening and disturbing. The questions, of course, are at the heart of a democracy and involve personhood, citizenship, liberty, and equality. The Constitution and Race will be valuable to political scientists, historians, sociologists, lawyers, and students.

Product Details

ISBN-13: 9780313064708
Publisher: ABC-CLIO, Incorporated
Publication date: 02/18/1992
Sold by: Barnes & Noble
Format: eBook
File size: 317 KB

About the Author

DONALD E. LIVELY is a Professor of Law at the University of Toledo College of Law. He is the author of Modern Communications Law (Praeger, 1991) and Essential Principles of Communications Law (Praeger, 1991).

Table of Contents

Preface
Introduction
Constitutional Law and Slavery
Toward a More Perfect Union
Constitutional Amendment and Doctrinal Development
Separate But Equal
Desegregation and the Anti-Discrimination Principle
Color Blindness Revisited
Original Imperatives and Doctrinal Possibility
Bibliography
Index

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