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Constitutional Law-Equal Protection-Miscegenation Statute Declared Unconstitutional, Donald D. Davis
Constitutional Law-Equal Protection-Miscegenation Statute Declared Unconstitutional, Donald D. Davis
Michigan Law Review
Petitioners, a female white and a male Negro, applied to respondent, county clerk of Los Angeles County, for a marriage license. Respondent refused to issue the license, relying on sections 60 and 69 of the California Code. Petitioners brought a mandamus proceeding to compel respondent to issue the license, contending that the statutes relied on by respondent were unconstitutional in that they prohibited the free exercise of their religion. Held, in a four to three decision, the statute is unconstitutional. Three justices of the majority found that the statute violated the equal protection clause of the United States Constitution …
Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.
Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.
Michigan Law Review
Despite progress in recent years toward the elimination of lynching, the demand for adequate federal legislation to cope with the problem is unabated. For almost three decades Congress has considered a succession of anti-lynching bills, most of which have been favorably reported by committees. None has become law. Legislators and others opposing the enactment of a federal anti-lynching act have placed primary reliance on an asserted lack of constitutionality. It is argued that lynching is merely local crime within the scope of the power and responsibility of the states to enforce their own criminal law. The purpose of this comment …