One hundred years of denial: a diachronic perspective regarding the United States of America doctrine Suspect Classification (1868-1968)

Abstract

The main objective of this article is to adopt a diachronic approach to the U.S. Suspect Classification constitutional doctrine within the historical development period from 1868 to 1968. The article revisits the social, political, and juridical nuances, especially in cases adjudicated by the Supreme Court of the United States. Here, the normative aspects of the 14th Amendment take center stage. We assert that a neutral, restrictive, and ambiguous interpretation of the aforementioned constitutional doctrine exists. This interpretation is closely tied to the socio-historical background that provides the necessary conditions and possibilities for its existence within teleological perspectives. The conclusion drawn is that the ambiguous interpretation and construction of the Suspect Classification doctrine persist over time, as evidenced by recent manifestations in the case of Students for Fair Admission, INC. v. President and Fellows of Harvard College and others, which was adjudicated in 2023.

Enviado el (Submission Date): 29/08/2023

Aceptado el (Acceptance Date): 26/09/2023