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2nd Semester Constitutional History Notes 2.docx

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LAWS 2180
Alan Rogers

Everson V. Board of Education (1947) • Law in New Jersey providing bus transportation for all children in private Catholic school. st • Establishment Clause: 1 amendment prohibits Government establishing a state religion but must also anything that leads towards establishing a religion. The bus law was seen as th st doing such and therefore violated this clause. 14 amendment applies the 1 amendment to the state of New Jersey. • Justice Black: this is not about promoting Catholicism, it is more about getting kids to school safely more so. Shelley v. Kraemer (1947) • Post WWII context, blacks make argument for equality because of fighting. • In St. Louis: fairly large black population. • Significant victory for the NAACP and for racial equality in general.Allowed the step up to segregated education (Brown V. Board) • Contracts in question: everyone who moves into the town must sign a document to not let undesirables into the town. The contract makes it a matter of the state and therefore the 14 amendment and the liberty of property which can’t be regulated. • Court held that states could not enforce racial covenants on real estate. • Precedents: Buchanan v. Warley (1917): struck down city ordinance of housing segregation. That is why people turn to private contracts. Plessy v. Ferguson and police power argued by state. State destroys a person’s right to property by this ordinance, therefore can’t be allowed. • Analogy to Brown v. Topeka Board: private agreements existed after Brown v. Topeka Board and it was up to every individual to bring suit in order to get rid of them. The state couldn’t enforce the decision in Shelley v. Kramer. Coregain v. Buckley (1927) • Upholds private covenants. Brown v. Topeka Board (1954): • Context: Court first heard the case in 1952 led by judge Fred Vincent. Vincent, Reed, and Clark were opposed to striking down school segr
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