Summary of the Article
The article written by Tani (2015) dwells on the issue of administrative constitutionalism. She reviews the history of the Equal Protection Clause and states the key events of the movement. Her research provides the reader with the core steps that have been made on the way to the creation of the Social Security Act and enumerates the effects of the policy on the citizens. The article dwells on the misunderstanding between the federal agencies and the essential postulates of the US legislation which originally presuppose equality regardless of the social status, race, and religious conviction. The issue of administrative constitutionalism is considered to be the focus of the studied article. The author’s interpretation of the US federalism is linked to the constitutional interpretation of the former (Beard, 2012). In this article, the author successfully describes the way that administrative equal protection functions and connects it to the incentives of the federal agencies (including welfare grants).
Tani (2015) presents evidence concerning the history of the administrative equal protection and the rights of the poor. She believes that equal protection may be considered a standard constitutional model that is currently exposed to unfair treatment and legal misunderstandings. The author claims that the major problem consists in the constitutional concepts that were elaborated and employed by the federal agencies to deal with plausible claims (Smith, 2012). The author of the article discusses how the Equal Protection Clause is perceived outside the courts and how this can benefit the poor. Nonetheless, Tani (2015) is convinced that the problems of constitutionality and administrative equal protection are not handled efficiently, and the current approaches to these issues should be reconsidered promptly.
Key Findings and Issues
The key findings of the article support the fact that public safety is in danger and it directly relates to the governmental initiatives regarding equal protection. The Equal Protection Clause should be seen as the main assistant of the legislation when the issue of the rights of the poor comes up (Tani, 2015). The constitutionality of this decision is also supported by the idea that current criminal justice policies are affected by federal agencies and not the courts. The author of the article discusses the misbalance inherent in the current legislative apparatus and proposes several measures that should be taken to mitigate the meddling of federal agencies.
Recommendations
The author of the article recommends re-evaluating the way the three major areas of the US legal system are perceived. Tani (2015) identifies them as administrative law, constitutional law, and federalism. She supports the idea that modern incentives that correspond to the flexibility of the legal system should replace the outdated legislature and assist in adapting the Social Security Act to the essential needs of US citizens. Another recommendation is based on the idea that cooperative benefit programs are controlled by the government and should be reformed in compliance with the Equal Protection Clause (Collins & Ringhand, 2013).
Based on the recommendations found in Tani’s (2015) article, it is safe to say that the current state of the US criminal justice system may be positively influenced by these improvements. All these recommendations also reflect the idea that constitutional activities are inextricably linked to the incentives of several federal agencies (Marion & Oliver, 2012). Overall, the author of the article recommends paying close attention to the impact of administrative constitutionalism and emphasizes the idea that the Equal Protection Clause may be an instrument of pivotal importance when it comes to the protection of the rights of the poor.
Discussion Summary
The articles reflect the issues inherent in the current US legislation and underline the significance of the dynamic changes that are made by the government. As the real issue is embodied by the approaches to the legislative process, the authors recommend re-evaluating the current state of the legal apparatus. Therefore, the issues of civil rights and the rights of the minorities can be defined as the two major problems that cannot be solved irrevocably at the current stage of the constitutional and democratic development of the United States.
Analysis of the Article
The author of the article did a great job describing the premises that led to the current state of affairs in the field of the rights of the poor and administrative equal protection. Tani (2015) dwells on the influence of federalism on the citizens of the United States. She also believes that standardized legislation is key to the problem of the unfairness of the state welfare laws. Nonetheless, the recommendations provided by the author are broad, and their impact on social justice is unpredictable. The conflict of interests can be resolved by amending the Equal Protection Clause and the way it is applied to real-life examples (Gaines, 2014). This would ultimately trigger positive outcomes and transform the way that the Equal Protection Clause is currently perceived by the legislative bodies within the framework of the US legal system.
References
Beard, C. A. (2012). An economic interpretation of the Constitution of the United States. New York, NY: The Macmillan Company.
Collins, P. M., & Ringhand, L. A. (2013). Supreme Court confirmation hearings and constitutional change. New York, NY: Cambridge University Press.
Gaines, L. K. (2014). Homeland security: A new criminal justice mandate. In S. L. Mallicoat & C. L. Gardiner (Eds.), Criminal justice policy (pp. 67-87). Thousand Oaks, CA: Sage Publications.
Marion, N. E., & Oliver, W. M. (2012). The public policy of crime and criminal justice (2nd ed.). Upper Saddle River, NJ: Prentice Hall.
Smith, T. (2012). America’s mission: The United States and the worldwide struggle for democracy. Princeton, NJ: Princeton University Press.
Tani, K. (2015). Administrative equal protection: Federalism, the Fourteenth Amendment, and the rights of the poor. Cornell Law Review, 100(825), 827-890.