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- Title
ORIGINALISM AND THE OTHER DESEGREGATION DECISION.
- Authors
Williams, Ryan C.
- Abstract
The article discusses the way in which the originalist theory of U.S. constitutional interpretation can be used to defend the U.S. Supreme Court's decision in the school desegregation case Bolling v. Sharpe despite the dominant notion among legal scholars that the case is indefensible on originalist grounds. In the, case Supreme Court Chief Justice Earl Warren essentially argued that the federal government was prohibited from discriminating based on race due to the due process clause of the Fifth Amendment. The author begins by outlining the understanding of U.S. citizenship prior to the enactment of the 14th Amendment in relation to equal rights, giving focus to free black citizenship, and goes on to chart the history of U.S. civil rights legislation.
- Subjects
UNITED States; ORIGINALISM (Constitutional interpretation); BOLLING v. Sharpe; SCHOOL integration; UNITED States citizenship; UNITED States. Supreme Court; DUE process of law; CONSTITUTIONAL law; UNITED States. Constitution. 14th Amendment; UNITED States. Constitution. 5th Amendment; CIVIL rights; FREE African Americans
- Publication
Virginia Law Review, 2013, Vol 99, Issue 3, p493
- ISSN
0042-6601
- Publication type
Article