GPO-CONAN-2017-10-15.pdf

As in rodriguez the court held that the indigent are

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As in Rodriguez , the Court held that the indigent are not a suspect class. 2183 Again, as in Rodriguez and in Kras , the Court held that, when the state has not monopolized the avenues for relief and the burden is only relative rather than absolute, a governmental fail- 2178 411 U.S. at 29–39. But see id. at 62 (Justice Brennan dissenting), 70, 110–17 (Justices Marshall and Douglas dissenting). 2179 Cf. Plyler v. Doe, 457 U.S. 202 (1982). The case is also noted for its proposi- tion that there were only two equal protection standards of review, a proposition even the author of the opinion has now abandoned. 2180 487 U.S. 450 (1988). This was a 5–4 decision, with Justice O’Connor’s opin- ion of the Court being joined by Chief Justice Rehnquist and Justices White, Scalia, and Kennedy, and with Justices Marshall, Brennan, Stevens, and Blackmun dissent- ing. 2181 487 U.S. at 462. The plaintiff child nonetheless continued to attend school, so the requirement was reviewed as an additional burden but not a complete ob- stacle to her education. 2182 432 U.S. 464 (1977). 2183 432 U.S. at 470–71. 2239 AMENDMENT 14—RIGHTS GUARANTEED
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ure to offer assistance, while funding alternative actions, is not un- due governmental interference with a fundamental right. 2184 Expan- sion of this area of the law of equal protection seems especially limited. S ECTION 2 . Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty- one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the pro- portion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. APPORTIONMENT OF REPRESENTATION With the abolition of slavery by the Thirteenth Amendment, African-Americans, who formerly counted as three-fifths of a per- son, would be fully counted in the apportionment of seats in the House of Representatives, increasing as well the electoral vote, and there appeared the prospect that the readmitted Southern states would gain a political advantage in Congress when combined with Democrats from the North. Because the South was adamantly op- posed to African-American suffrage, all the congressmen would be elected by whites. Many wished to provide for the enfranchisement of African-Americans and proposals to this effect were voted on in both the House and the Senate, but only a few Northern states per- 2184 432 U.S. at 471–74. See also Harris v. McRae, 448 U.S. 297, 322–23 (1980).
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