Editing Constitutional Liberties
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===== Introduction: The Problem of Remedies ===== | ===== Introduction: The Problem of Remedies ===== | ||
====== | ====== Brown II ====== | ||
Facts: In its original decision in | Facts: In its original decision in Brown v Board of Education, the United States Supreme Court held that racial discrimination in public education was unconstitutional. The Court upheld a challenge by Brown to discriminatory racial policies in public schools operated by various boards of education in several states. | ||
Rules: Adequate compliance with the Court’s previous holding that racial discrimination in public education in unconstitutional requires public schools to desegregate “with all deliberate speed” | Rules: Adequate compliance with the Court’s previous holding that racial discrimination in public education in unconstitutional requires public schools to desegregate “with all deliberate speed” | ||
Reasoning: Since the original decisions, one year ago, public school have taken substantial steps towards full desegregating. Individual school officials are responsible for implementing constitutional principles in good faith, but the various district court that originally heard the cases against all schools involved in Brown are best equipped to determine whether a good faith effort was made. The case is remanded to those courts. In rendering decisions on the cases, each respective court is guided by principles of equity. | Reasoning: Since the original decisions, one year ago, public school have taken substantial steps towards full desegregating. Individual school officials are responsible for implementing constitutional principles in good faith, but the various district court that originally heard the cases against all schools involved in Brown are best equipped to determine whether a good faith effort was made. The case is remanded to those courts. In rendering decisions on the cases, each respective court is guided by principles of equity. | ||
====== [[Regents of Univ. of CA v. Bakke]] ====== | ====== [[Regents of Univ. of CA v. Bakke]] ====== |