Official Racial Segregation

Question 1

Dredd Scott v. Sanford

Answer 1

People of African descent brought to the United States and held as slaves, as well as their descendants (either slave or free), are not considered citizens of the United States and are not entitled to the protections and rights of the Constitution.

Question 2

Plessy v. Ferguson

Answer 2

Public accommodations that are segregated according to racial classifications do not violate the Equal Protection Clause of the Fourteenth Amendment as long as such accommodations are “separate but equal.”

Question 3

Missouri ex. rel. Gaines v. Canada

Answer 3

MO cannot refuse to offer law school education to black students and instead pay them to go to school in another state;

Question 4

Sweatt v. Painter

Answer 4

TX cannot maintain separate law schools for whites and blacks because the black institution was quantitatively and qualitatively inferior

Question 5

McLaurin v. Oklahoma State Regents

Answer 5

OK cannot require black students to sit in separate sections in the classroom, library and cafeteria

Question 6

Brown v. Board of Education

Answer 6

Brown I - Separate educational facilities based on racial classifications are inherently unequal and violate the Equal Protection Clause of the Fourteenth Amendment.

Brown II - Adequate compliance with the Court’s previous holding that racial discrimination in public education is unconstitutional requires public schools to desegregate “with all deliberate speed.”

Question 7

Where can courts order desegregation measures?

Answer 7

• Courts can only step in and require changes where intentional racial discrimination had occurred. (washington v. Davis)

Question 8

How broad are the Court’s powers?

Answer 8

• Once such a violation was shown, “the scope of a district court’s equitable powers remedy past wrongs is broad.” Swann, Keyes. “Busing of pupils is a legitimate tool of school desegregation.” Swann. However, “the scope of the remedy is determined by the nature and extent of the constitutional violation.” Milliken v. Bradley.

Question 9

When does federal court supervision of local school districts end?

Answer 9

• When “unitary status” has been achieved, i.e. when the effects of past intentional discrimination have been remedied. Green. Unitary status is achieved when: (1) all vestiges of past discrimination have been removed, and (2) schools are in good faith compliance with any existing court orders.

Question 10

Williamson v. Lee Optical

Answer 10

An Oklahoma state law made it unlawful for any person not licensed as an optometrist or ophthalmologist in the state to fit lenses to a face or fashion existing lenses into a frame unless given a prescription by a state-licensed optometrist or ophthalmologist.

• A state may regulate a business if its legislature determines there is a particular health and safety problem at hand and that the regulation in question is a rational way to correct the problem.

Question 11

Boeling v. Sharp

Answer 11

Racial segregation of public schools in the District of Columbia violates the Due Process Clause of the Fifth Amendment.