Congress and the Politics of Emerging Rights: A Global Philosophy

Overview

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 ...

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Overview

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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Editorial Reviews

The Law and Politics Book Review
The various essays comprising Congress and the Politics of Emerging Rights are generally clear and informative...
Political Studies Review
This book points to the important role that the US Congress, not just the Supreme Court, plays in defining 'new' rights in areas where the Constitution and prior Court decisions provide unclear guidance.
Leroy N. Rieselbach
Rapid change—cultural, social, technological—has raised the profile of rights issues. Campbell and Stack have assembled a thought-provoking collection on a most timely topic. Students will learn from and be stimulated by Congress and the Politics of Emerging Rights.
Booknews
Campbell and Stack (both in political science, Florida International U.) present seven contributions that explore the evolution of political right in American society, as played out in the legislation of Congress, the rulings of the federal judiciary, and the frequent tension between the two. Authors examine the Supreme Court's recent limiting of the power of the Commerce Clause of the Constitution for social reform, the unanticipated sexual harassment consequences of the Civil Rights Act of 1964, the "judicially created" right to privacy, the ability of gay rights organizations to bargain with Congress over anti-discrimination legislation, the recent redefinition of state's rights by the Rehnquist majority of the Supreme Court, the role of lawyers in defending the interests or "rights" of Congress in the courts, and a comparative analysis of the differing perspectives of rights between the United States and the rest of the world. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780742516465
  • Publisher: Rowman & Littlefield Publishers, Inc.
  • Publication date: 10/15/2001
  • Edition number: 208
  • Pages: 224
  • Product dimensions: 6.06 (w) x 9.24 (h) x 0.67 (d)

Meet the Author

Colton C. Campbell is assistant professor of political science at Florida International University. John F. Stack, Jr. is director of the Jack D. Gordon Institute for Public Policy and Citizenship Studies at Florida International University.

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Table of Contents

Part 1 Introduction Part 2 Evolving Socio-Economic Rights Chapter 3 Congressional Power to Establishe and Enforce Social Rights after United States v. Morrison: Limits and Possibilities Chapter 4 Ironies and Unanticipated Consequences of Legislation: Title VII of the 1964 Civil Rights Act and Sexual Harassment Part 5 Expanding Privacy at Work and at Home Chapter 6 From Privacy Rights to Privacy Protection: Congressional Formulation of Online Privacy Policy Chapter 7 A Right Too Far? The Congressional Politics of DOMA and ENDA Part 8 Institutional Rights and Change Chapter 9 The Emerging Rights of States: Revitalized Federalism Chapter 10 Representing Congress: Protecting Institutional and Individual Members' Rights in Court Part 11 Comparative Rights Chapter 12 Rights in America through a Comparative Lens Chapter 13 The United States Constitution Chapter 14 References Chapter 15 Index

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