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Our Secret ConstitutionHow Lincoln Redefined American Democracy$
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George P. Fletcher

Print publication date: 2003

Print ISBN-13: 9780195156287

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0195156285.001.0001

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A Maxim of Justice: Its Birth and Rebirth

A Maxim of Justice: Its Birth and Rebirth

Chapter:
(p.165) Chapter 8 A Maxim of Justice: Its Birth and Rebirth
Source:
Our Secret Constitution
Author(s):

George P. Fletcher (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0195156285.003.0009

This chapter asserts that the U.S. traces the principle of equality to the idea that human beings were created in God's image, and discusses the evolution of the doctrine of equal protection via Supreme Court opinions as various as Chief Justice Roger Taney's in Dred Scott, and the oft‐cited Yick Wo. The author also discusses, at length, Justice John Paul Stevens’ gradual shift from an advocate of equality as status quo to equality as an active, “hands‐on” principle, as in the case of affirmative action.

Keywords:   affirmative action, Chief Justice Roger Taney, equal protection, equality, Justice John Paul Stevens, Dred Scott, Supreme Court, U.S.A, Yick Wo

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