AN END TO RACIAL DISCRIMINATION IN THE UNITED STATES?

Authors

  • EDWARD MCWHINNEY

Abstract

After reviewing the historical background to the school-segregation cases, this article fully canvasses the doctrinal arguments used in them. It begins with the questions posed by the court when it restored the school-segregation cases to the docket and assigned them for re-argument, and then the author discusses the Warren opinion in regard to the four state cases and his opinion in the District of Columbia case. Finally, he explores the implications of the grade school cases, as evidenced by six memorandum decisions handed down one week later, which suggest that racial discrimination is outlawed by the Constitution.

Keywords:

Civil Liberties and Civil Rights, Constitutional Law, United States of America

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Published

1954-05-01

Issue

Section

Legal Commentary