CRM/LAW C10 Lecture Notes - Lecture 15: Strict Scrutiny, Fourteenth Amendment To The United States Constitution, Little Rock Central High School
17 May 2016
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Document Summary
Language of the const is subject to differing interpretations and can vary over time. Major arguments bell reports has to do with economics- nation"s economic well being depends on slavery, and the preservation of the nation depends on legal recognition of slavery. Established a principle used to end all forms of government mandated racial segregation. Changed the interpretation of one phrase of the constitution- good example of how courts can be involved in making law. Did unelected, unaccountable judges impose their values on society? (was an argument) An example of judicial review to protect constitutional rights. De facto vs. de jure segregation- high school was segregated because the law set it up that way (by fact/by law); controversies over compulsory busing. Black students blocked from getting in- government deploys national guard to help keep students out; president eisenhower sends army to protect students. Strict scrutiny (requires necessary and compelling interest) and rational basis test (reasonably related and legitimate interest)
