ERIC Number: ED143084
Record Type: RIE
Publication Date: 1977
Reference Count: N/A
The Equal Protection Clause, School Integration, and the Burger Court.
The history of cases before the United States Supreme Court in which minorities have sought relief from discriminatory state laws under the "equal protection clause" of the Fourteenth Amendment (and the "due process clause" of the Fifth Amendment for federal action) suggests that court action in this area has changed over time. Not only has court action regarding the use of the equal protection clause to protect minority rights changed over time, but that change has followed acceptable social attitudes by the majority population toward the minority population. While the title of this paper emphasizes the Burger Court, its broad goal is to show patterns of change by the Supreme Court beginning with cases from the mid-1800s. With the advent of the Burger Court, the courts have adopted four distinct grounds for viewing civil rights cases--the standard legal review, the "suspect classification" approach, the "strict scrutiny" principle, and the "fundamental interest" principle. The result of this shift is likely to be a reduction in the number of civil rights cases being heard. (Author/IRT)
Descriptors: Civil Rights, Constitutional Law, Elementary Secondary Education, Equal Protection, School Desegregation, Social Attitudes, Supreme Court Litigation
Not available separately; See EA 009 780
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 7 of EA 009 780; For related documents, see EA 009 780-797