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38 Miss. L.J. 179 (1966-1967)
De Facto and De Jure School Segregation - Some Reflected Light on the Fourteenth Amendment from the Civil Rights Act of 1875

handle is hein.journals/mislj38 and id is 189 raw text is: Mississippi Law Journal VOLUME XXXVIII MARCH 1967 NUMBER 2 DE FACTO AND DE JURE SCHOOL SEGREGATION SOME REFLECTED LIGHT ON THE FOURTEENTH AMENDMENT FROM THE CIVIL RIGHTS ACT OF 1875 by Alfred Amns* I. INT ODUCTlON More than ten years after Brown v. Board of Educ.1 race relations and schools are still very much m the news. The continuing number of cases on de facto and de jure school segregation2 has continued public interest in this area. A review of the onginal understanding of the framers of the fourteenth amendment as applied to school segregation is clearly appropriate at this time. Ten years ago, an article reviewing the original intent as reflected in the debates on the fourteenth amendment itself concluded that direct light on the subject was quite scanty3 However, there is abundant reflected light from the debates on the proposed school clause of the bill which ultimately became the Civil Rights Act of 1875.4 The fact that the school clause was ultimately stricken from the bill has no doubt discouraged research in this area. Yet the debates thereon are illuminating for the reflected light they cast on the intent of the four- teenth amendment as it relates to schools. This article will analyze that debate. II. SUM'NEa AND THE AMNESTY BIL. AMENDMENT On May 13, 1870, Senator Charles Sumner, the ultra-equalitarian *Professor of Law, Memphis State Umversity Law School. B.A., 1954, Hunter College; LL.B., 1956, Columbia Umversity- LL.M., 1957, New York University; M.L., 1961, J.S.D., 1962, University of Chicago; Ph.D., 1965, University of Cambridge (England). iBrown v. Board of Educ., 347 U.S. 483 (1954). 2Many recent cases and articles are referred to m Dowell v. School Bd., 244 F Supp. 971 (W.D. Okla. 1965). 3Bickel, The Original Understanding and the Segregation Dectsion, 69 HAiv. L. REv. 1, 56-59 (1959). 418 Stat. 335 (1875).

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