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Fourteenth Amendment Commons

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Constitutional Law

Michigan Law Review

1965

Judicial restraint

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Full-Text Articles in Fourteenth Amendment

Unconstitutional Racial Classification And De Facto Segregation, Joseph A. Milchen Mar 1965

Unconstitutional Racial Classification And De Facto Segregation, Joseph A. Milchen

Michigan Law Review

Classification along racial lines, when involving state action, is unconstitutional. Such classification may violate the due process or equal protection clause of the fourteenth amendment or the fifteenth amendment, and it has been held invalid in the fields of education, transportation, voting, recreational facilities, ownership and use of real property, and jury selection.