Editing Constitutional Law Maggs/4th ed. Outline II
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 235: | Line 235: | ||
The re-drawing of city boundaries to exclude African-American neighborhoods was facially neutral but was passed to prevent African-American’s from voting in the city elections.'''''To show discriminatory purpose''''', look to (1) the historical background of the decision, (2) the sequence of events including deviations from normal procedure, (3) the legislative or administrative history, and (4) the disparate impact in application. | The re-drawing of city boundaries to exclude African-American neighborhoods was facially neutral but was passed to prevent African-American’s from voting in the city elections.'''''To show discriminatory purpose''''', look to (1) the historical background of the decision, (2) the sequence of events including deviations from normal procedure, (3) the legislative or administrative history, and (4) the disparate impact in application. | ||
====Disparate Impact==== | ====Disparate Impact==== | ||
===== | =====Washington v. Davis===== | ||
The new test to be a police officer had a desperate impact in that 70% of Caucasians pass and only40% of blacks pass. The equal protection clause only applies to intentional discriminatory conduct. This is why the Civil Rights Act of 1964 was passed but we are only looking to constitutional violations.* A law that is facially neutral, intends to discriminate but doesn’t actually discriminate still has not been decided. Standing may be an issue.'''''Separate but Equal ''''' | The new test to be a police officer had a desperate impact in that 70% of Caucasians pass and only40% of blacks pass. The equal protection clause only applies to intentional discriminatory conduct. This is why the Civil Rights Act of 1964 was passed but we are only looking to constitutional violations.* A law that is facially neutral, intends to discriminate but doesn’t actually discriminate still has not been decided. Standing may be an issue.'''''Separate but Equal ''''' | ||
====Sweat v. Paynter What must be established to show separate but equal==== | ====Sweat v. Paynter What must be established to show separate but equal==== | ||