The Fourteenth Amendment Reconsidered: The Segregation Question

Kelly, Alfred H.

doi:10.2307/1285694

Cited by 10 publications

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“…Other members of Congress, mainly Democrats, envisioned the newly emancipated persons of color in a status somewhere between alien and citizen. In view of conflicting interpretations as to whether the Thirteenth Amendment also made Blacks citizens, at Senator Lyman Trumbull's insistence, the 1866 Civil Rights Act was amended to include a citizenship clause (Kelly, 1956(Kelly, , pp. 1061(Kelly, -1062.…”

Section: Race and Citizenshipmentioning

confidence: 99%

Race-Conscious Educational Policies Versus a “Color-Blind Constitution”: A Historical Perspective

Anderson

2007

Educational Researcher

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This article examines the origins and development of citizenship and equal rights by the Reconstruction Congress (1865-1875) to determine if it created a new constitutional order that is color blind and thus prohibits the use of racial classifications by government to achieve school desegregation and affirmative action programs. The theory of color-blind constitutionalism, although pursued relentlessly by a small cadre of radical Republicans, stood in marked contrast to the views of the moderate-conservative majority, a group virtually obsessed with the ways in which race affected fundamental questions of citizenship, civil equality, and political power. Only through a multiethnic history can we comprehend the variegated and profound ways in which racial ideology shaped the beliefs and behavior of the Reconstruction Congress and the ways in which Congress carefully crafted the meaning and intent of citizenship and equality in the new constitutional order, one that serves as the legal foundation for contemporary debates over race-conscious educational policies.

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Section: Race and Citizenshipmentioning

confidence: 99%

Race-Conscious Educational Policies Versus a “Color-Blind Constitution”: A Historical Perspective

Anderson

2007

Educational Researcher

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“…72 In another case the Court dismissed summarily, with a Delphic citation of only one precedent, 73 the relevance of which was clouded, an appeal from a judgment of the Court of Appeals for the Fourth Circuit which held that a South Carolina law requiring segregation on local buses was invalid under the Equal Protection Clause. 77 Special attention should be drawn to the appearance in Feb-ruary, 1956, of the first number of a new bi-monthly Race Relations Law Reporter, published by the Vanderbilt University School of Law with the support of a grant from the Fund for the Republic. The general impression was that the Supreme Court dismissed the appeal because there was obviously no substance to the claim that segregation on local buses was compatible with the present-day interpretation of the Equal Protection Clause.…”

Section: Equal Protection Op the Lawsmentioning

confidence: 99%

“…76 There was a great deal of discussion in the learned journals of the school segregation decision and the problems growing out of efforts to implement the Court's decree. 77 Special attention should be drawn to the appearance in Feb-ruary, 1956, of the first number of a new bi-monthly Race Relations Law Reporter, published by the Vanderbilt University School of Law with the support of a grant from the Fund for the Republic. 78 This publication contains an invaluable presentation of court cases, legislation, orders and regulations, as well as special articles, on all current legal aspects of race relations.…”

Section: Equal Protection Op the Lawsmentioning

confidence: 99%

Constitutional Law in 1955–1956

Fellman¹

1957

Am Polit Sci Rev

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No changes in the personnel of the Supreme Court occurred during the 1955 Term.Noteworthy among publications dealing with the Court and with constitutional law which appeared during the period under review were a first biography of James Wilson, a member of the original Court; symposia on the late Justice Roberts, the late Professor Thomas Reed Powell, and Justice Black; several interesting reappraisals of John Marshall; and additional installments of Professor Mason's important work on Justice Stone. A full scale critique of Charles Beard's interpretation of the Constitution was published, as well as a variety of writings on historical aspects of the Court, and on a wide range of problems of judicial practice and public law.

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“…Alfred H.Kelly, The Fourteenth Amendment Reconsidered: The Segregation Question, 54 Mich L Rev 1049, 1052(1954. Incidentally, Kelly, who contributed to the NAACP brief in Brown v Bd.…”

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confidence: 99%

Equality and Diversity: The Eighteenth-Century Debate about Equal Protection and Equal Civil Rights

Hamburger¹

1992

The Supreme Court Review

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Living, as we do, in a world in which our discussions of equality often lead back to the desegregation decisions, to the Fourteenth Amendment, and to the antislavery debates of the 1830s, we tend to allow those momentous events to dominate our understanding of the ideas of equal protection and equal civil rights. Indeed, historians have frequently asserted that the idea of equal protection first developed in the 1830s in discussions of slavery and that it otherwise had little history prior to its adoption into the U. S. Constitution. 1 Long before the Fourteenth Amendment, however-long before even the 1830s-equal protection of the laws and equal civil rights were hardly notions unknown to Americans, who used these different standards of equality to address problems of religious diversity. In late eighteenth-century America-a na

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The Fourteenth Amendment Reconsidered: The Segregation Question

Cited by 10 publications

References 0 publications

Race-Conscious Educational Policies Versus a “Color-Blind Constitution”: A Historical Perspective

Race-Conscious Educational Policies Versus a “Color-Blind Constitution”: A Historical Perspective

Constitutional Law in 1955–1956

Equality and Diversity: The Eighteenth-Century Debate about Equal Protection and Equal Civil Rights

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