Cover image for Congress and the politics of emerging rights
Title:
Congress and the politics of emerging rights
Author:
Campbell, Colton C., 1965-
Publication Information:
Lanham, Md. : Rowman & Littlefield, [2002]

©2002
Physical Description:
ix, 197 pages ; 23 cm
Language:
English
Contents:
Congressional power to establish and enforce social rights after United States v. Morrison: limits and possibilities / Gregg Ivers and David Kaib -- Ironies and unanticipated consequences of legislation: Title VII of the 1964 Civil Rights Act and sexual harassment / David M. O'Brien -- From privacy rights to privacy protection: congressional formulation of online privacy policy / Priscilla M. Regan -- A right too far? the congressional politics of DOMA and ENDA / Nicol C. Rae -- The emerging rights of states: revitalized federalism / John F. Stack Jr., and Colton C. Campbell -- Representing Congress: protecting institutional and individual members' rights in court / Rebecca Mae Salokar -- Rights in America through a comparative lens/ Mary L. Volcansek.
Corporate Subject:
ISBN:
9780742516465

9780742516472
Format :
Book

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Summary

Summary

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.


Author Notes

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.


Reviews 1

Choice Review

This collection examines the role Congress plays in limiting and protecting personal rights. Editors Campbell and Stack note that "it is the primary function of the legislative branch to act on behalf of the very majority from which the individual may need protection; congressional action and personal rights often clash." Congress has often been wary of taking the lead in protecting rights. As rights have become more broadly conceived, however, new policy areas are transforming rights in the legislative arena. Contributors assess contemporary problems Congress faces with regard to personal rights, including violence against women, the expansion of the rights granted by Title VII of the Civil Rights Act of 1964, privacy problems that have emerged with the Internet and modern technology, same-sex marriages, the Supreme Court's tendency in recent years to define new rights for the states reinvigorating the Tenth Amendment, and the role of the general counsel of the House of Representatives and the Senate legal counsel in defending members' rights. The Constitution, it is properly argued, has been modernized as personal rights have changed. Recommended for general readers, upper-division undergraduates, and above. P. Fisher Monmouth University


Table of Contents

Colton C. Campbell and John F. Stack, Jr.Gregg Ivers and David KaibDavid M. O'BrienPriscilla M. ReganNicol C. RaeJohn F. Stack, Jr. and Colton C. CampbellRebecca Mae SalokarMary L. Volcansek
List of Tablesp. ix
Introductionp. 1
Part 1 Evolving Socioeconomic Rights
1 Congressional Power to Establish and Enforce Social Rights after United States v. Morrison: Limits and Possibilitiesp. 11
2 Ironies and Unanticipated Consequences of Legislation: Title VII of the 1964 Civil Rights Act and Sexual Harassmentp. 27
Part 2 Expanding Privacy at Work and at Home
3 From Privacy Rights to Privacy Protection: Congressional Formulation of Online Privacy Policyp. 45
4 A Right too Far? The Congressional Politics of DOMA and ENDAp. 65
Part 3 Institutional Rights and Change
5 The Emerging Rights of States: Revitalized Federalismp. 85
6 Representing Congress: Protecting Institutional and Individual Members' Rights in Courtp. 105
Part 4 Comparative Rights
7 Rights in America through a Comparative Lensp. 131
The United States Constitutionp. 147
Referencesp. 167
Indexp. 183
About the Contributorsp. 195