Litigation as an Alternative to Legislation in Achieving Public Health Reform

2002 ◽  
Vol 23 (1) ◽  
pp. 35-45
Author(s):  
Francis E. McGovern

There is virtually universal acceptance for the proposition that political questions in the United States have a propensity to morph into judicial questions. The use of litigation as a method of governing the body politic has repeatedly manifested itself since the formation of our nation. Congress vs. the legislature; federal vs. state authority; voting rights; civil rights; universal rights — the list is pervasive.

2018 ◽  
pp. 86-108
Author(s):  
Millington W. Bergeson-Lockwood

This chapter documents the aftermath of Butler’s defeat for reelection in 1883. Butler’s supporters and a growing group of black independents backed Grover Cleveland for president of the United States. They hoped that Cleveland’s election would inaugurate a national black commitment to political independence and push the national Democratic Party towards a pro-civil rights agenda. Black Bostonians worked with like-minded activists in other states to leverage black political power towards recognition from the Cleveland administration. Despite some success, the limited gains in black rights during the Cleveland administration illuminated the limits of siding with the Democratic Party.


Author(s):  
Paul Schor

This chapter discusses developments relating to the 1840 census. In the course of the 1810s, gazettes and popular almanacs full of numerical data appeared, and the teaching of arithmetic in the United States was transformed. Thus, statistical data and the capacity to understand them become indispensable to anyone who claimed to speak seriously about national affairs. The growing public interest in “moral statistics,” on the poor and disabled, was fed by the growth of the movement for public health reform. This trend was visible in the 1840 census, which was the first to be carried out under the direction of a “Superintendent of the Census” now with his own staff. The remainder of the chapter focuses on the politicization of the statistical debate on slavery and the defense of erroneous statistics on insanity among free blacks by pro-slavery politicians fighting abolitionism, as well as the rise of statistical experts.


2019 ◽  
Vol 42 (1) ◽  
pp. 7-24
Author(s):  
Myra Mendible

This article focuses attention on the pivotal role that stigmatization processes play on both legal and discursive fronts, that is, in justifying restrictive policies affecting ethnic minorities and in framing reactionary discourses in support of such measures. It argues that racial stigmatization is the key component in ongoing efforts to exclude Black and Latino citizens from full cultural citizenship in the United States, setting the groundwork for punitive and exclusionary policies aimed at disenfranchising and undermining their political agency. While legal documents record the rights and privileges accorded citizens within the nation’s physical spaces, the politics of stigma, I contend, maps a moral geography: it sets the contours and limits of communal obligation, disrupting affective bonds and attachments that can spur social change. As an instrument of power, stigmatizing processes today are helping to reinstate the kinds of policies and attitudes that the Voting Rights Act intended to redress, engendering a hostile climate for Blacks and Latinos in the United States and threatening hard-won civil rights and political gains.


Prospects ◽  
1997 ◽  
Vol 22 ◽  
pp. 109-132 ◽  
Author(s):  
Gary Laderman

Abraham Lincoln has been mythologized and deified in the American imagination, occupying a preeminent place in the collective memory of the nation. He occupies this place because he is believed to embody the ideals and values of the country and because he seemed to preside with grace, equanimity, and wisdom over one of the most destructive conflicts in America's history. In life, but even more consequently in death, his presence – as “rail splitter,” “Great Emancipator,” and “Father Abraham” – conjures up an array of events, symbols, and myths that give definition and meaning to the American nation. When he died, an unprecedented funeral celebration occurred in the Northern region of the United States that solidified his privileged place in the country's pantheon of great heroes. The series of events that took place after his assassination, as well as his emplotment in public memory since then, suggest that his death, as tragic and painful as it was, added to the cohesion, unity, and the very life of the nation when it was most seriously threatened by chaos and degeneration.


2005 ◽  
Vol 67 (1) ◽  
Author(s):  
Jocelyn Benson

Forty years ago, civil rights activists across the country rejoiced in the passing of the Voting Rights Act1 (“VRA” or “the Act”). The Act was a crowning achievement of the classical civil rights movement and the culmination of a bloody series of events seeking political empowerment for African-Americans in the United States.


Author(s):  
Ravi K. Perry ◽  
Aaron D. Camp

Symbolic and structural inequities that seek to maintain White supremacy have sought to render Black LGBTQ Americans invisible in the body politic of powerful institutions that govern society. In the face of centuries-long oppression at the hands of the state, Black LGBTQ Americans have effectively mobilized to establish visibility on the national policymaking agenda. Members of this community have demonstrated a fierce resilience while confronting a violent anti-Black and anti-LGBTQ mainstream agenda narrative in media and politics. This sociopolitical marginalization—from members of their shared demographic, or not, is often framed in partisan or ideological terms in public discourse and in the halls of American political institutions. Secondary marginalization theory and opinion polling frame how personal identity and social experience shape the Black LGBTQ political movement’s expression of what participation in politics in the United States ought to earn them in return. Double-consciousness theory contextualizes the development of Black LGBTQ sociopolitical marginalization in the United States and the community’s responsive mobilization over time—revealing the impact of coalition building and self-identification toward establishing political visibility necessary to improve the lived conditions of the multiply oppressed.


Author(s):  
Nathaniel Cadle

This chapter contends that foregrounding transnational approaches in classrooms provides opportunities to advocate the value of studying literary realism to students, administrators, and the broader community. Literature’s capacity to enable recognition, whether it leads to greater self-awareness or the acknowledgment of others, makes it a powerful tool for social justice, inspiring social movements and filling the emotional needs of the disempowered. Centering the teaching of realism on such authors as Charles Chesnutt, Abraham Cahan, and Sui Sin Far, who rendered the multicultural composition of the United States more legible, helps the academy’s increasingly diverse student body see themselves and one another in the long tradition of American literature. Assigning lesser-taught texts by William Dean Howells, Henry James, and other canonical authors demonstrates realism’s continued relevance, because these texts address the challenges of incorporating diversity into the body politic and the ethical implications of the United States’ global power.


2018 ◽  
Vol 47 (2) ◽  
pp. 195-237 ◽  
Author(s):  
David Cottrell ◽  
Michael C. Herron ◽  
Javier M. Rodriguez ◽  
Daniel A. Smith

On account of poor living conditions, African Americans in the United States experience disproportionately high rates of mortality and incarceration compared with Whites. This has profoundly diminished the number of voting-eligible African Americans in the country, costing, as of 2010, approximately 3.9 million African American men and women the right to vote and amounting to a national African American disenfranchisement rate of 13.2%. Although many disenfranchised African Americans have been stripped of voting rights by laws targeting felons and ex-felons, the majority are literally “missing” from their communities due to premature death and incarceration. Leveraging variation in gender ratios across the United States, we show that missing African Americans are concentrated in the country’s Southeast and that African American disenfranchisement rates in some legislative districts lie between 20% and 40%. Despite the many successes of the Voting Rights Act and the civil rights movement, high levels of African American disenfranchisement remain a continuing feature of the American polity.


2002 ◽  
Vol 71 (4) ◽  
pp. 535-574 ◽  
Author(s):  
Lanny Thompson

The doctrine of incorporation, as elaborated in legal debates and legitimated by the U.S. Supreme Court, excluded the inhabitants of Puerto Rico, the Philippines, and Guam from the body politic of the United States on the basis of their cultural differences from dominant European American culture. However, in spite of their shared legal status as unincorporated territories, the U.S. Congress established different governments that, although adaptations of continental territorial governments, were staffed largely with appointed imperial administrators. In contrast, Hawai'i, which had experienced a long period of European American settlement, received a government that followed the basic continental model of territorial government. Thus, the distinction between the incorporated and unincorporated territories corresponded to the limits of European American settlement. However, even among the unincorporated territories, cultural evaluations were important in determining the kinds of rule. The organic act for Puerto Rico provided for substantially more economic and judicial integration with the United States than did the organic act for the Phillippines. This followed from the assessment that Puerto Rico might be culturally assimilated while the Phillippines definitely could not. Moreover, religion was the criterion for determining different provincial governments within the Phillippines. In Guam, the interests of the naval station prevailed over all other considerations. There, U.S. government officials considered the local people to be hospitable and eager to accept U.S. sovereignty, while they largely ignored the local people's language, culture, and history. In Guam, a military government prevailed.


2021 ◽  
pp. 019145372199873
Author(s):  
Ramin Jahanbegloo

The protests which followed the death of Black citizens killed by White police officers in the United States show us clearly that the question of non-violent democratic theory is on the table as it was 60 years ago. Martin Luther King, Jr. was well aware of this issue when he became the most important leader of America’s Civil Rights Movement of the 1950s and 1960s. King’s recognition of Mahatma Gandhi’s legacy of non-violence helped him in his campaigns for integration and voting rights, while guiding him to democratize the American democracy and re-evaluate the two concepts of ‘individual’ and ‘community’.


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