Case Briefs- Civil and Constitutional Law Part 1

That proved to be quite controversial and ended up

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Unformatted text preview: utional. o The US Supreme Court found that segregation was an unconstitutional violation of the Equal Protection Clause, even when the segregated facilities appeared equal. o The Court found that even if objective factors were equalized, intangible issues foster and maintain inequality. • This causes a detrimental effect on minorities because it is interpreted as a sign of inferiority. o The Court remanded the case back to the Trial Court to determine the property remedy. • That proved to be quite controversial, and ended up back at the US Supreme Court a year later. • At issue was what to do about the fact that races tended to be geographically separated, so even if you didn't actively segregate schools, they tended to naturally segregate. The final answer was bussing students around to school districts far from home. • While almost everyone would agree today that segregation is wrong, this case remains controversial because the decision relied on social science data about the psychological effects of segregation that turned out to be flawed. th o Some 'originalists' argue that the 14 Amendment is about 'equality', not 'integration', and that segregation is constitutionally permissible based on a literal reading of the Constitution, assuming you could absolutely guarantee that the facilities were equal. Korematsu v. United States (Facially- Discriminatory Laws, strict scrutiny) • • • • • • • During World War II, Congress enacted Civilian Restrictive Order No. 1 (8 Fed. Reg. 982), which gave the military authority to exclude citizens...
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