con law: april 5 2010 class notes

Gray's Rule.

first, going backward to Dred Scott.
plessy v. ferguson

raising the costs of segregation, to force

handerson
the cold war. thank you commies for giving us free...

brown v. board: the decision is based in a lot of policy
the decisions are written for front-page newspaper consumption
look at 14th amendment for equality and look at segregation (which comes from something outside of the constitution) and the two can't be squared

14th amendment only demands equality of the government, but cannot demand equality of the people. the values of discrimination does not make it government, and does not put it into the reach of government behavior.

adarand constructors. the ruling sets forth the modern doctrine in affirmative action.
strict scrutiny is a test, not a result.... but the dissenters are clear that they don't believe that this method will bring us towards the type of equality that we say we want for our country to have.