Conservatives: How do you figure that Brown v. Board of Education is consistent with "originalism"?
the framers of the 14th amendment didn't think they were desegregating schools at the time.
- Mr. SmartypantsLv 71 month agoFavorite Answer
Originalism is a scam. When Nixon was stuffing the Supreme Court back in the 60s/70s, it was called 'strict constructionism'. But the purpose then, as now, was to maintain control by a powerful elite, to concentrate wealth, to minimize the possibility of change.
You're absolutely right, though. NOBODY in the 1860s believed black people born in slavery could assimilate, live among whites, vote, get educations, etc. etc. Lincoln's plan was to deport back to Africa anyone who would go, and put the rest up on 'reservations' like the Indians. NOBODY anticipated that black kids and white kids would sit side by side in the same schools!
- TroyLv 61 month ago
Who said conservatives even agree with the Brown vs Topeka majority opinion
- 1 month ago
Equal protection of the laws has meaning. It doesn't mean that the government can treat people of different colors differently, with one group being favorably treated compared to another group.
It also meant that school districts could not prevent students from attending because of their skin color.
Was it activist? There are arguments either way. It was a decision far more aligned with the Constitution than, say, Roe v. Wade or the Obergefell decisions ever were.
OTOH, federal judges forcing school districts to make busing plans to force integration was an act of activism and judicial over-reach. It did great harm to the students and the school system, especially when kids were bused across town and far away from their own neighborhoods.
- DCCCLXXXVIIILv 71 month ago
The 1791 Bill of Rights.