GOV 312L Lecture Notes - Lecture 32: Equal Protection Clause, Rational Basis Review, Jim Crow Laws
5 May 2017
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Plessy v. ferguson: facts, louisiana law required separate railroad cars for whites and balcks, holdings, louisiana law sustained 7-1, rationale, justice brown"s opinion of the court, 14th am. Is it pursuing a govt interest: no strict scrutiny, not making state prove compelling interest, separate but equal, justice harlan"s dissent, says there is no superior, ruling class of citizens, no caste system. Constitution is color blind: any law classifying people by race is bad, violates const. i. e. if you can tell where to sit based on race, then you can also tell where to walk, etc. *same justice harlan from lochner, grandfather of justice harlan from. Griswold: harlan 1 and harland 2, harlan 1 & holmes did lots of dissenting. Institutionalized separate but equal: segregated both private and public facilities throughout the south, 14th amendment talks about equality but only binds the states, one of main battle grounds was public education.
