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Sanaysay

Process Theory and Emerging Thirteenth Amendment Jurisprudence: The Case of Agricultural Guestworkers

Petsa

2016

May-akda

Benjamin P. Quest

Buod

A Resurgence of Constitutional scholarship on the Thirteenth Amendment has been emerging since the 1950s. In 1951, Jacobus tenBroek argued that courts could construe the Constitution's ban on slavery as not only an attack upon compulsory servitude but also as an assault on the harms and legacies associated with slavery. The Supreme Court adopted this view a decade later and held that the Thirteenth Amendment authortized Congress to eliminate purely private acts of racial discrimination in housing sales as a legacy of slavery...
Process theory interprets the Constitution as mainly providing procedural mandates rather than enumerating substantive rights. Although the theory is commonly associated with judicial review, this Commetn advocates its used as a congressional guide to identify and limit those situations calling for legislative action under Section Two of the Thirteenth Amendment. Instead of asking whether a fundamental right is at stake, process theory inquires whether the underlying procedures giving rise to legal relationships are fair.

Number of pages

233-260

Unibersidad

University of San Francisco

Akademikong Department

School of Law

Antas

Law

Lugar ng publikasyon

University of San Francisco Law Review

Kalakip

Connections

Pang-ekonomiyang sektor

General relevance - all sectors

Mga Uri ng Nilalaman

Policy analysis and Current Policy

Spheres ng aktibidad

Kasaysayan and Karapatan

Wika

Ingles