An analysis of the limitations of legal solutions for desegregation in the case of parents involved

Download While there are a handful of studies that challenge the link between school desegregation policy and positive academic outcomes, they represent only a small slice of the literature.

An analysis of the limitations of legal solutions for desegregation in the case of parents involved

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Before and during the Civil War, the Southern states violated the rights of free speech of pro-Union citizens, anti-slavery advocates, and northerners in general.

During the Civil War, the Southern states stripped many white citizens of their state citizenship and banished them from the states, effectively confiscating their property.

Shortly after the Union victory in the American Civil Warthe Thirteenth Amendment was proposed by Congress and ratified by the states inabolishing slavery.

Many ex- Confederate states then adopted Black Codes following the war. These laws severely restricted the rights of blacks to hold propertyincluding real property such as real estate and many forms of personal propertyand to form legally enforceable contracts.

These codes also created harsher criminal penalties for blacks than for whites. This Act provided that all those born in the United States were citizens contrary to the Supreme Court's decision in Dred Scott v.

Sandfordand required that "citizens of every race and color Such doubts were one factor that led Congress to begin to draft and debate what would become the Equal Protection Clause of the Fourteenth Amendment.

The most important among these, however, was Bingham, a Congressman from Ohiowho drafted the language of the Equal Protection Clause. The Southern states were opposed to the Civil Rights Act, but in Congress, exercising its power under Article I, section 5, clause 1 of the Constitution, to "be the Judge of the Qualifications of its own Members", had excluded Southerners from Congress, declaring that their states, having rebelled against the Union, could therefore not elect members to Congress.

It was this fact—the fact that the Fourteenth Amendment was enacted by a " rump " Congress—that allowed the Equal Protection Clause to be passed by Congress and proposed to the states.

Its ratification by the former Confederate states was made a condition of their reacceptance into the Union. Here is the first version: Hale of New York, despite Bingham's public assurances that "under no possible interpretation can it ever be made to operate in the State of New York while she occupies her present proud position.

When Senator Jacob Howard introduced that final version, he said: It protects the black man in his fundamental rights as a citizen with the same shield which it throws over the white man. Ought not the time to be now passed when one measure of justice is to be meted out to a member of one caste while another and a different measure is meted out to the member of another caste, both castes being alike citizens of the United States, both bound to obey the same laws, to sustain the burdens of the same Government, and both equally responsible to justice and to God for the deeds done in the body?

An analysis of the limitations of legal solutions for desegregation in the case of parents involved

A difference between the initial and final versions of the clause was that the final version spoke not just of "equal protection" but of "the equal protection of the laws".

John Bingham said in January Supreme Court followed that Alabama case Burns v. State in the case of Loving v. In Burns, the Alabama Supreme Court said: The same right to make a contract as is enjoyed by white citizens, means the right to make any contract which a white citizen may make.

The law intended to destroy the distinctions of race and color in respect to the rights secured by it. As for public schooling, no states during this era of Reconstruction actually required separate schools for blacks.

New York gave local districts discretion to set up schools that were deemed separate but equal. The first truly landmark equal protection decision by the Supreme Court was Strauder v. A black man convicted of murder by an all-white jury challenged a West Virginia statute excluding blacks from serving on juries.

Exclusion of blacks from juries, the Court concluded, was a denial of equal protection to black defendants, since the jury had been "drawn from a panel from which the State has expressly excluded every man of [the defendant's] race.

We do not believe the Fourteenth Amendment was ever intended to prohibit this. Its aim was against discrimination because of race or color. The Act provided that all persons should have "full and equal enjoyment of Prohibiting blacks from attending plays or staying in inns was "simply a private wrong".

Justice John Marshall Harlan dissented alone, saying, "I cannot resist the conclusion that the substance and spirit of the recent amendments of the Constitution have been sacrificed by a subtle and ingenious verbal criticism.

Thus, the Clause would not be limited to discrimination against African Americans, but would extend to other races, colors, and nationalities such as in this case legal aliens in the United States who are Chinese citizens.

Fergusonthe Supreme Court upheld a Louisiana Jim Crow law that required the segregation of blacks and whites on railroads and mandated separate railway cars for members of the two races. Brownruled that the Equal Protection Clause had been intended to defend equality in civil rightsnot equality in social arrangements.

All that was therefore required of the law was reasonableness, and Louisiana's railway law amply met that requirement, being based on "the established usages, customs and traditions of the people.

There is no caste here.Text. The Equal Protection Clause is located at the end of Section 1 of the Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Seven years ago, my wife and I were appointed to a small rural church in Ohio. There were 25 souls worshiping there. I remember my lack of faith in that first month. AFH Carib/Ameri Connections in Lit.

History (full version) (th Anniversary)

Undergraduate 3 credits. DEC: G SBC: HFA+. An exploration of the connections between writers from the French-speaking and English-speaking Caribbean and from the African-American community, who share a similar cultural heritage, historical heritage, and historical experience, but differ in geopolitical situations.

A consideration of the basic problems of civil procedure designed to acquaint students with the fundamental stages and concerns of litigation, e.g., jurisdiction, pleading, discovery, trial, choice of law, and multiparty actions.

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