Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law and Race
The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly
The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly
Michigan Law Review
Some sixty years ago in Plessy v. Ferguson the Supreme Court of the United States adopted the now celebrated "separate but equal" doctrine as a constitutional guidepost for state segregation statutes. Justice Brown's opinion declared that state statutes imposing racial segregation did not violate the Fourteenth Amendment, provided only that the statute in question guaranteed equal facilities for the two races. Brown's argument rested on a historical theory of the intent, although he offered no evidence to support it. "The object of the amendment," he said, "was undoubtedly to enforce the absolute equality of the two races before the law, …
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Michigan Law Review
On May 19, 1954, the Supreme Court of the United States declared that segregation in public schools was a denial of equal protection of the law. Since that date many and varied plans have been proposed to maintain segregated education by avoiding the impact of the decision. The legality of three of these proposed avoidance devices will be analyzed in this comment.