The Southern Case for School SegregationKilpatrick, James Jackson
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The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
Classifications based solely upon race must be scrutinized with
particular care, since they are contrary to our traditions and
hence constitutionally suspect.[18] As long ago as 1896, this Court
declared the principle “that the Constitution of the United States,
in its present form, forbids, so far as civil and political rights
are concerned, discrimination by the General Government, or by
the States, against any citizen because of his race.”[19] And in
_Buchanan_ v. _Warley_, 245 U. S. 60, the Court held that a statute
which limited the right of a property owner to convey his property
to a person of another race was, as an unreasonable discrimination,
a denial of due process of law.
Although the Court has not assumed to define “liberty” with any great
precision, that term is not confined to mere freedom from bodily
restraint. Liberty under law extends to the full range of conduct
which the individual is free to pursue, and it cannot be restricted
except for a proper governmental objective. Segregation in public
education is not reasonably related to any proper governmental
objective, and thus it imposes on Negro children of the District of
Columbia a burden that constitutes an arbitrary deprivation of their
liberty in violation of the Due Process Clause.
In view of our decision that the Constitution prohibits the states
from maintaining racially segregated public schools, it would be
unthinkable that the same Constitution would impose a lesser duty on
the Federal Government.[20] We hold that racial segregation in the
public schools of the District of Columbia is a denial of the due
process of law guaranteed by the Fifth Amendment to the Constitution.
For the reasons set out in _Brown_ v. _Board of Education_, this case
will be restored to the docket for reargument on Questions 4 and 5
previously propounded by the Court. 345 U. S. 972.
_It is so ordered._
BROWN et al. v. BOARD OF EDUCATION OF
TOPEKA et al.
[Supplementary opinion of May 31, 1955]
[349 U. S. 294]
MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
These cases were decided on May 17, 1954. The opinions of that
date,[21] declaring the fundamental principle that racial
discrimination in public education is unconstitutional, are
incorporated herein by reference. All provisions of federal, state,
or local law requiring or permitting such discrimination must yield
to this principle. There remains for consideration the manner in
which relief is to be accorded.
Public-domain text, read in full here on John Shaqi.
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