POL SCI 40 Lecture Notes - Lecture 8: Equal Protection Clause, Fourteenth Amendment To The United States Constitution, Originalism
Document Summary
Does the segregation of public education based solely on race violate the equal. Plessy v. ferguson separate but equal doctrine. Court found that segregation in public education has a detrimental effect on black: how had it decided the question? children. Equality of treatment is accorded when races are provided substantially equal facilities (even though these facilities are separate) Equal protection clause of the 14th amendment. Reasoning: history, why is the history of the united states during the ratification of the 14th. Illuminated the state of public educati on at the time. In the south, the movement toward free common schools (supported by general taxation) had not yet taken hold. Education of white children was mostly private. Education of african-american children was essentially nonexistent or forbidden by law virtually illiterate. Original meaning ( originalism ) : the principle or belief that the original legislature intent should be adhered to in later cases. History is relevant, in order to determine context.
