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" Our decision, therefore, cannot turn on merely a comparison of these tangible factors in the Negro and white schools involved in each of the cases. We must look instead to the effect of segregation itself on public education. In approaching this problem,... "
School Life - Página 117
1953
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Justice and Power in Sociolegal Studies

Bryant G. Garth, Austin Sarat - 1998 - 370 páginas
...rhetorical purpose of these references is to anchor the constitutional issue firmly in the present: In approaching this problem, we cannot turn the clock...to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full...
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Integrity and Conscience

Sterling Professor of Political Science and Henry R Luce Director of the MacMillan Center for International and Area Studies Ian Shapiro, Ian Shapiro, Robert Adams - 1998 - 339 páginas
...Chief Justice Earl Warren characterized the historical evidence as "inconclusive" and maintained that "we cannot turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full...
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From Savage to Negro: Anthropology and the Construction of Race, 1896-1954

Lee D. Baker - 1998 - 325 páginas
...pertained to public-school education. To construe the Fourteenth Amendment, he stated that the Court "cannot turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written."51 He then documented how the Supreme Court used social science...
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American Constitutionalism: From Theory to Politics

Stephen M. Griffin - 1998 - 228 páginas
...question of whether segregation in public education was unconstitutional under the Fourteenth Amendment, "we cannot turn the clock back to 1868 when the Amendment was adopted. . . . We must consider public education in the light of its full development and its present place...
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States' Rights and American Federalism: A Documentary History

Lynn Nelson - 1999 - 232 páginas
...necessary to re-examine the doctrine to grant relief to the Negro plaintiff. And in Sweatt v. Painter . . . the Court expressly reserved decision on the question...to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full...
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Debating Southern History: Ideas and Action in the Twentieth Century

Bruce Clayton, John A. Salmond, Emeritus Professor of American History John A Salmond - 1999 - 197 páginas
...labored with the doctrine for over half a century. . . . The Negro and white schools involved [here] have been equalized, or are being equalized, with...to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full...
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The Cultural Study of Law: Reconstructing Legal Scholarship

Paul W. Kahn - 1999 - 169 páginas
...H1s Supreme Court — A Judicial Biograply (1983). 1 1. Consider the language of Brown v. Board of Education: "In approaching this problem, we cannot...to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in light of its full development...
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Judicial Politics: Readings from Judicature

Elliot E. Slotnick, American Judicature Society - 1999 - 648 páginas
...More to the point, Warren found that education in 1954 was simply not the same as it had been in 1868. In approaching this problem, we cannot turn the clock...back to 1868, when the amendment was adopted, or even 1896, when Plessy v. Ferguson was decided. We must consider public education in the light of its full...
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The American Reader: Words That Moved a Nation

Diane Ravitch - 2000 - 656 páginas
...laws. Because of the obvious importance of the question presented, the Court took jurisdiction. . . . There are findings below that the Negro and white...to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full...
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Conscience, Expression, and Privacy

Kermit L. Hall - 2000 - 424 páginas
...a Constitution we are expounding . . . ."* 8 In Brown v. Board of Education, 69 the Court observed: "In approaching this problem, we cannot turn the clock...to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written." 70 The Court's repeated rejection of originalism made it...
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