LEGAL 250 Lecture Notes - Lecture 8: Social Inequality, De Facto, Constitutionalism
16 Oct 2017
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The political, economic, and more prejudices of the judges (i. e. social variables) Granular (or individualized) variables of decision making cut across/through the larger. Reasonable application of police power and discretion of state legislature. In the nature of things being beyond 14th amendment equal protection. Yick wo) the nature of things of course differently in drawing the line between social and political inequality. But, equal protection, and the very constitution itself, cannot reach social inequality in. Upon that ground the minority and majority are in some agreement, but use discretion. And choosing where to sit on the train . Race discrimination in which law inhibits civic and political participation ruled unconstitutional (under 13th, 14th, and 15th amendments) Reasonable preserves order doesn"t really matter - even if true (which harlan may believe, we don"t know) Racial discrimination or recognition in law (i. e. , de jure) forbidden by the colorblind.
