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Old 10-26-2005, 09:46 AM
etgryphon etgryphon is offline
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Default Re: Judicial Activism

[ QUOTE ]
You have a right to equal treatment under the equal protection clause of the constitution. In other words, in Brown they argued that seperate schools didn't meet the already agreed upon amendment ("seperate is inherintly unequal"), not that they wanted to change the meaning of the amendment itself.

Once again, I'm going on second hand info here.

[/ QUOTE ]

No that is how I understand it. No one can argue that using the same resources(schools) is unequal. It overturned an extra-Constitutional provision of "seperate but equal" which in practice was unequal.

The tricky part was the courts mandating the busing to force integration. That is the only slippery slope. Now, they are legislating a solution.

-Gryph
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