Test 3 Material

Test 3 Material - Test 3 Material 2/28 Equal Protection...

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Test 3 Material 2/28 Equal Protection Clause Cont’d - Court in Brown Vs. Board does not say you cant make racial discrimination. This was De jure segregation. It is an actual law that tried to get rid of segregation. - 1954: Segregated schools violate the constitution. A year later, they try to figure out the remedy to a de-segregated school - Brown II: schools must desegregate with all deliberate speed. o Dismantle dual school systems - Federal district courts will be responsible for overseeing these efforts - Supreme court said desegregate, but 15, 16 years later, very little had happened. The vast majority of black students are still attending segregated schools. o The court starts to get creative. They originally drew boundaries around a few schools. Draw a circle around the school until you encompass the maximum amount of students possible. It’s a problem because neighborhoods are segregated too. This is de facto segregation. Segregation just happens by fact and not by law. De jure violates 14 th amendment. If de facto is purely by choice, then this amendment has nothing to say about it. The court doesn’t like that there is de facto segregation even though they got rid of de jure. The court gets creative. Fix the lines to make it so that you are spreading the racial population evenly among the schools. Charlotte, NC: intercity schools tend to be minority, out line suburban tend to be white. Court decides to bus kids in and out of their respective areas so that there is a certain degree of diversity. Problem with this is that people made decisions to live in their neighborhood with certain reasons. Also, the bus ride
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would suck. Bus ride took an average of 45 minutes. There were just too many problems with this. - Swann Vs Charlotte Mech (1971) o Do federal justices have the power to mandate such rules? o Case/opinion is decided by Chief Justice Burger. Appointed by Nixon He actually upholds the bussing program. However, Burger has some qualifications. The 14 th amendment only has a remedy for de jure segregation. There was now a segregated society. De facto segregation that we now see, these living patterns, is a product of past de jure segregation. Burger is still maintaining the connection. The reasoning he uses happens to be very important
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Test 3 Material - Test 3 Material 2/28 Equal Protection...

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