The legislature of the fictitious state of Xanadu passes a law that states "All people are welcome at all state-run swimming, beach and golf facilities, as long as they are white. Non-whites may not use any of those facilities." Within 24 hours after passage, Brenda, a civil rights attorney, brings a cause of action in federal court to have the new regulation ruled unconstitutional. The federal court immediately rules that the state law violates the equal protection clause of the 14th Amendment and issues an injunction against its enforcement. A week later, the state passes a new law that reads "Because we don't believe that we are capable of managing integrated swimming, beach and golf facilities, we are hereby closing all such …show more content…
The Court asked the question, was the closing of the state pools an action that denies “equal protection of the laws” to Blacks. They felt the answer was no since both races received the same treatment. The Courts also felt that neither the 14th amendment nor any Act of Congress purports to impose a duty on a State to begin to operate or to continue to operate public swimming pools. They felt that since this was not a case where whites are permitted to use public facilities while blacks were denied, nor a case where a city is maintaining different sets of facilities for blacks and whites and enforcing them to remain separate that there was no reason to force the city to reopen the swimming pools. They felt that it was constitutional because the city showed that integrated pools could not be maintained safely and economically. I do have to say that I disagree with the decision made by the court, which is probably why this particular case has been question. In other cases such as: Hernandez v. Woodard, 714 F. Supp. 963, 1989 and Shakman v. Democratic Organization of Cook County, 481 F. Supp. 1315, 1979. I believe that technically the decision made did not violate the 14th amendment, for reason stated above that everyone received the same treatment and that the privilege was taken away from all and not just one race and that they can’t force the State to run a public facility. But it does make you think, why is it as soon as the State
The Supreme Court held that Section 4(b) did indeed exceed Congress’s power to enforce the 14th and 15th amendments and that the coverage formula conflicts with the principles of federalism and there is no longer disparate treatment or any signs of voter discrimination and that when section 4(b) was enacted it was based on events that happened over 40 years ago. The Supreme Court concluded that Congress cannot force states to be under preclearance based upon their past discrimination, especially since Section 4(b) hadn’t been renewed or had any modifications made to it since 1975. The Courts stated that “The Amendment is not designed to punish for the past, its purpose is to ensure a better future” . The majority opinion in the case was that
The case “Plessy v. Ferguson” was a test of a Louisiana law’s constitutionality. It took 50 years to realize it, but the constitutionally and morally right way was to end segregation. This case was never about Plessy not being able to ride on a white only car on a train headed to Covington, Louisiana. It was about a group of black citizens trying to stop segregation from ever
The Civil Rights Act of 1964 was a landmark legislation that resulted from a unique combination of public pressure, historical events, previous failed legislation, and a large-scale social movement. Many regard the Civil Rights Act of 1964 as the most successful civil rights legislation in history. There is no doubt that the Civil Rights Act of 1964 changed the way the society addressed race and gender, but it in the context of current events resulting in racial tension, it is worth examining the true impact of the legislation and how society can continue to move forward in matters of civil equality. This paper will provide an overview of the historical context of the Civil Rights Act of 1964 and examine the legislation’s impact on society
Issue: The issue in this case is whether the state violated the Free Exercise Clause of the First Amendment and the Fourteenth Amendment.
Furthermore, there was a young girl named Linda Brown who attended a school very far away from her house. On the other hand, there is a school not to far from her ,but it’s an all white school. So Linda Brown and her family took it to court saying that blacks not being able to go to any school is a violation of the 14th amendment. The lower courts shut them down so they appealed the case to the Supreme Court. The dissenting opinion was "We conclude that the doctrine of 'separate but equal ' has no place. Separate educational facilities are inherently unequal." —Chief Justice Earl Warren. This was the precedent that was established and the final decision.The majority opinion was “The "separate but equal" doctrine adopted in Plessy v. Ferguson has no place in the field of public education.(Find Law)”.Which means that they are saying that since the last case happened on a rail car and not public education it shouldn’t have
"The Court today is correct in holding that the right asserted by Jane Roe is embraced within the personal liberty protected by the Due Process Clause of the Fourteenth Amendment. It is evident that the Texas abortion statute infringes that right directly. Indeed, it is difficult to imagine a more complete abridgment of a constitutional freedom than that worked by the inflexible criminal statute now in force in Texas. The question then becomes whether the state interests advanced to justify this abridgment can survive the 'particularly careful scrutiny' that the Fourteenth Amendment here requires. The asserted state interests are protection of the health and safety of the pregnant woman, and protection of the potential
1. 2 Define Civil Liberties; then define Civil Rights. How are they similar? How do they differ? Which civil sequence has more influence on your life as you know it to be now? Why do you believe this to be so?
In this paper I argue that S.B. 1070 should be not be upheld for two reasons. First, in ways that will be explicated below, S.B. 1070 directly conflicts with federal immigration law; thus it is preempted according to the Supremacy Clause of the Constitution. Second, the law is unconstitutional because it allows for discrimination by police officers on the basis of race or national origin. This Note contends that the Ninth Circuit correctly affirmed the decision of the lower court to find S.B. 1070 preempted by federal immigration law; however the Ninth Circuit should have also found that S.B. 1070 is unconstitutional on discriminatory grounds. Part II discusses the evolution of the relevant case law. Part III of the Note illustrates the relevant portions of S.B. 1070 and the District Court’s reasoning in United States v. Arizona. Part IV explains why the Ninth Circuit correctly affirmed the decision that S.B. 1070 is preempted by federal immigration law and expounds how the law is also discriminatory on the basis of national origin against Hispanics. Finally, Part V comments on the possible consequences of S.B. 1070 and the effect of a Supreme Court decision to either affirm or reverse the injunction.
On May 17, 1954, U.S. Supreme Court Justice Earl Warren delivered the unanimous ruling in the landmark civil rights case Brown v. Board of Education of Topeka, Kansas . State-sanctioned segregation of public schools was a violation of the 14th Amendment and was therefore unconstitutional. The 14th Amendment states; “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
The State of Louisiana passed a law “that all railway companies carrying passengers in their coaches in this State shall provide equal but separate accommodations for the white and colored races by providing two or more passenger coaches for each passenger train … No person or persons, shall be admitted to occupy seats in coaches other than the ones assigned to them on account of the race they belong to.” The Plessy v. Ferguson case was brought before the high court to decide if Mr. Plessy civil rights under the Thirteenth and Fourteenth was violated when Plessy was assigned a seat in the black car and when he refused was subsequently arrested for violating the law. The court felt the Thirteenth Amendment was about abolishing slavery and involuntary servitude which the court proved was not applicable to apply to this case. Since the case Roberts v. Boston, 59 Mass. (5 Cush.) 198 (1850) the states had widely accepted the concept of separate but equal education system, and the separation of races in places of entertainment have become widely approved throughout the country. Based on these examples, the court felt no infringement of equal rights was inflicted on Mr. Plessy as stated in the Fourteenth Amendment. The Supreme Court affirms the lower courts ruling that Mr. Plessy civil rights were not
In 1849 the issue of segregation within schools was brought to the stand, and arguments about how it should not be legal. In the case, Roberts vs. the City of Boston, The argument was made that segregation in school was a direct violation of the 14th amendment in the constitution. The 14th amendment was said to protect the rights of citizens equally and segregation did not go along with the amendment. The opposing side said the commonly known quote “separate, but equal”, and claimed that segregation was not in opposition to the 14th amendment and was therefore not illegal.
The two arguments being made are not exactly comparable. The argument for the plaintiff is that "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
Justice Warren in the unanimous opinion of the Court, states that the anti-miscegenation statutes cannot stand constituently with the Fourteenth Amendment and violated equal protection. Virginia argued that its miscegenation statutes punished both white and black participants in an interracial marriage equally and served the legitimate state purpose of preserving the “racial integrity” of its citizens by referencing the decision in Naim v. Naim, 197 Va. 80, 87 S.E.2d 749 (1955). The Court rejected the Virginia’s contention and stated: “The clear and central purpose of the Fourteenth Amendment was to eliminate all official state sources of invidious racial discrimination in the States.” The “equal application” argument put forward by Virginia
The Supreme Court’s ruling did not take into account the majority opinion in Plessy versus Ferguson. Had it done so, the outcome would have been quite different. In the case of Plessy versus Ferguson, it was clear that there was some bias. Not only did it restore white supremacy but it violated the Fourteenth Amendment as well. This is because black facilities were undoubtedly unequal to those of the whites for that the white facilities were made with more quality, to say the least. Many whites were elated when the separate but equal facilities’ ruling was put into effect. For them, it was another moment to prove that the blacks were inferior. Though Kansas is not a southern state, members of the Supreme Court knew that many racists were going to be upset had the plaintiffs won. However, they did not let that hinder the outcome of the case. Because they knew what was right is right and what is wrong is wrong, the Supreme Court ruled in favor of the plaintiffs. The opinion was that, “Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment…” They go on to say, “Does segregation of children in public schools solely on the basis of race… deprive the children of the minority group of equal educational opportunities? We believe that it does.” They go on to explain that to separate others solely because of race places a sense of
In the Plessy v. Ferguson case, the statute of Louisiana, acts of 1890, c. 111 requires train companies to provide separate but equal usage for colored and white races. Plessy was a resident in the state of Louisiana which he was of mixed race as he was seven eighths caucasian and one eighth black. He tried to use the whites only train section and was arrested. Plessy then sued Louisiana State Supreme Justice, the Hon. John H. Ferguson for violating his 13th Amendment which prevents slavery and his 14th Amendment which is equal protection under US laws. (“Plessy v. Ferguson”, 1).