Author: Commission on Constitutional Government

Publisher: Forgotten Books

Published: 2017-10-30

Total Pages: 52

ISBN-13: 9781528033091

Excerpt from Did the Court Interpret or Amend?: The Meaning of the Fourteenth Amendment, in Terms of a State's Power to Operate Racially Separate Public Schools, as Defined by the Courts Whatever the Opinion's merits may have been in the field of sociology (which is none of this Commission's concern), the Opinion's palpable faults as a matter Of law become steadily more apparent. This paper is addressed to matters Of law. It is our earnest contention that the Supreme Court erred grievously in the Brown case; that here the Court stepped across the line that divides constitutional interpretation from constitutional amendment. In the fifteen years immediately following adoption of the Fourteenth Amendment in 1868, seven court cases were brought to test the continuing power of the States to operate racially separate public schools. In each of these cases, Negro plaintiffs sought to Obtain new rights of equal protection. Precisely the same arguments that were to be presented to the Supreme Court in Brown were presented to the highest courts of Ohio, Indiana, Nevada, California, and New York seventy or eighty years earlier. Two Federal Circuit Courts also considered the identical question. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.