Foreshadows of the Law: Supreme Court Dissents and Constitutional Development

By Donald E. Lively | Go to book overview
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dissent in the Civil Rights Cases and the decision in Brown that repudiated the letter of Plessy and the spirit of Dred Scott. Modern constitutional interpretation essentially has embraced the concept of a color-blind constitution. Controversy survives with respect to whether allowance should be made for policies that promote diversification of the workplace, school- place and other contexts. Justice Blackmun, although stressing that "[w]e cannot. . . . let the Equal Protection Clause perpetrate racial supremacy" in Regents of the University of California v. Bakke, nonetheless observed that "[i]n order to get beyond racism, we must first take account of race." Over the latter half of this century, constitutional law has evolved toward the racially neutral ends that Harlan favored. Abiding controversy over the requirements of equal protection reveal a challenge still in accounting for the full dimensions and implications of a color-blind constitution.


Bibliography

Cases

Aligeyer v. Louisiana, 165 U.S. 575 ( 1897).

Berea College v. Kentucky, 211 U.S. 45 ( 1908).

Blylew v. United States, 80 U.S. 581 ( 1872).

Brown v. Board of Education, 347 U.S. 483 ( 1954).

Buchanan v. Warley, 245 U.S. 60 ( 1917).

Civil Rights Cases, 109 U.S. 3 ( 1883).

Cumming v. Board of Education, 175 U.S. 528 ( 1899).

Dred Scott v. Sandford, 60 U.S. 393 ( 1857).

Freeman v. Pitts, 112 S.Ct. 1430 ( 1992).

Fullilove v. Klutznick, 448 U.S. 448 ( 1980).

Giles v. Harris, 189 U.S., 475 ( 1903).

Gong Lum v. Rice, 275 U.S. 78 ( 1927).

Green v. County School Board of New Kent County, 391 U.S. 430 ( 1968).

Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 ( 1964).

Jones v. Alfred H. Mayer Co., 392 U.S. 409 ( 1968).

Katzenbach v. McClung, 379 U.S. 294 ( 1964).

Keyes v. School District No. 1, 413 U.S. 189 ( 1973).

Korematsu v. United States, 323 U.S. 414 ( 1944).

Lochner v. New York, 198 U.S. 45 ( 1905).

McCabe v. Atchison, Topeka & Santa Fe Railway Co., 235 U.S. 151 ( 1908).

Metro Broadcasting, Inc. v. Federal Communications Commission, 110 S.Ct. 2997 ( 1990).

Milliken v. Bradley, 418 U.S. 717 ( 1974).

Missouri ex rel. Gaines v. Canada, 305 U.S. 337 ( 1938).

Pasadena City Board of Education v. Spangler, 427 U.S. 424 ( 1976).

Patterson v. McLean Credit Union, 491 U.S. 164 ( 1989).

Plessy v. Ferguson, 163 U.S. 537 ( 1896).

Regents of the University of California v. Bakke, 438 U.S. 265 ( 1978).

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