per curiam decisions citing Brown as the authority. Board of Education which declared that segregated schools are unconstitutional. Plessy and, brown, it remains a shocking feature of the. In the interim, Chief Justice Fred. Many have arguedin the spirit of Lincoln's Cooper Union Speechthat the passage of this act is a reliable representation of the intentions of the framers of the 14th Amendment who sought to remove "all legal distinctions among 'all persons born or naturalized in the United.
Separate but Equal summary essays
Davis counters that control of public schools is a " states' rights " issue that Congress never intended to be covered by the 14th Amendment when it was passed. Justice Thomas is, I believe, the only member of the Court who approaches an understanding of the substance of original intentparticularly in the area of equal protection. As Lincoln might have said, the thought is always father to the deed. Within seven years of the 14th Amendment's ratification, Congress passed the sweeping and comprehensive Civil Rights Act of 1875subsequently invalidated by the Supreme Courtwhich outlawed racial segregation in most public places. We presume that the "most avid proponents" included the drafters of the Amendment.
As a member of the white majority that passed the law, the plaintiff in Bakke had, in effect, imposed the injury upon himself, and consequently had no standing to challenge the law's racial preferences. This would defy the Progressive "refounding" that informed Warren's disingenuous argument for the irrelevance of the Constitution. Modern psychology had proven that such feelings were generated in segregated grammar schools, but no evidence was adduced to show the same "feelings" were produced by other segregated settings. The most avid proponents of the post-War Amendments undoubtedly intended them to remove all legal distinctions among "all persons born or naturalized in the United States." Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished.