2 issue is this a violation of the equal protection

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2. Issue: Is this a violation of the equal protection clause? 3. Holding: No. a. Court adopts the Separate But Equal Doctrine. b. As long as the conditions are equal between both races, segregation is legal. 14
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4. Harlan’s Dissent : Lone dissenter. His dissent was a precursor to Brown . iii. Brown v. Board of Education of Topeka, KS , 1954 1. Facts: Several parents challenged segregation in schools on behalf of their children. The case was consolidated with several other school districts. 2. Issue: Does segregation in schools violate Equal Protection by depriving black children of equal education opportunities? 3. Holding : Yes. a. Overrules Plessy . b. Separate educational facilities are inherently unequal. i. The holding was limited to public education and took many, many years to be fully enforced. 1. The lower courts in which the cases of Brown v. Board of Education of Topeka first originated are the proper venue for determining how to best implement racial desegregation in light of varied school problems and different local conditions. c. Incorporated Harlan’s dissent: “To separate them from others of similar age and qualifications solely because of their races generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely to ever be undone.” iv. Bolling v. Sharpe , 1954 1. Facts: Challenged segregation in Washington, D.C. schools. D.C. is governed by Federal law, not state. 2. Issue: Whether the Due Process Clause of the Fifth Amendment of the Constitution is violated by the segregation of public school children in the District of Columbia? 3. Holding : Yes. a. While the Equal Protection Clause of the 14th Am only applies to the states, the Federal Government is subject to Due Process under the 5th Amendment. i. This set up the idea of Reverse Incorporation. ii. It would be unacceptable to hold the states to higher protection standards than the federal government. b. Racial segregation in the public schools of the District of Columbia is a denial of the due process of law guaranteed by the 5th Amendment. i. “Discrimination may be so unjustifiable as to be violative of due process.” 15
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ii. In light of Brown , why would the Federal Government be held to a lesser standard than the states? v. Arlington Heights , 1977 1. Facts: Schwemm’s case. Wanted to rezone the neighborhood so they could build multi-family dwellings (aka apartments). These apartments were to serve low income people, meaning minorities. Request to rezone was denied. Plaintiffs brought action claiming that the denial was a product of discrimination 2. Issue: Was this action unconstitutional? 3. Holding : No. For Arlington Heights. a. Even though the impact bears more heavily on racial minorities, nothing indicates that the decision was intended to discriminate. Official action will not be held unconstitutional solely because it results in a racially disproportionate impact.
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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