3.26.08 Con Law

3.26.08 Con Law - 3/26/08 Post brown, belief was that it...

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3/26/08 Post brown, belief was that it was a blow to the NAACP, but it was not. o The SC did not overturn the case in Brown II After Brown II: 96 members of southern congress signed “declaration of Southern Conscience” massive resistance, the Southern states didn’t want to desegregate. Some went so far as to close their schools, Alabama even said there was no right to desegregation. Governor or Arkansas called in Nationl Guard to keep the black kids out of schools. Governor claimed that states are sovereign and could interpose their sovereignty between national gov’t and people to prevent segregation. Same argument John C. Calhoun made in support of slavery in the beginning of the 19 th century. All 9 Justices signed the majority opinion. Dwight Eisenhower called out troops to escort them to school. P 694-695 After Brown in the South, just 1.2 % of black school children attended school with white children. In 1964 the SC declared that there was too much deliberation with not enough speed. In 1964 Congress passed The Civil Rights act of 1964. 1 st major piece of civil rights legislation. Passed as a tribute to slain JFK. LBJ had been majority leader of the senate and could convince the senate not to filibuster it to allow it to go through. Title 6 of Civil rights act. No recipient of federal funding can discriminate based on race. From 1964-1988 schools became less segregated. Since 1988 schools have become more racially segregated. In 1971 SC decided Swann vs. Charlotte-Mecklenburg Board of Education. Charlotte had a plan to achieve desegregation. Included Busing etc. SC unanimously upheld the Federal Court order to desegregate. Since 1988 American public Schools are more segregated than ever since Brown. Why? (legislatively) 3 reasons
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1 st - SC limited remedies that courts could impose for desegregation. (Milliken vs. Bradley 1974, federal court had proposed a remedy for transporting students by bus to different schools) Significant “white flight” from inner city to suburb. The central city is more minority and suburbs are white. SC said there cannot be inter-district remedies to segregation. It can’t be ordered that
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This note was uploaded on 04/20/2008 for the course POLI SCI 1 taught by Professor Charney during the Spring '08 term at Duke.

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3.26.08 Con Law - 3/26/08 Post brown, belief was that it...

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