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  • #20829

    I’ve read the Politically Incorrect Guide to the Constitution and Who Killed the Constitution. I have a few questions, but will start with just one: in your opinion was the Plessy decision correct (constitutional)? I am persuaded the 14th Amendment did not intend to desegregate schools or anything else, but is the Plessy “test”, “separate but equal”, in line with the original intent?


    Plessy didn’t establish a test, it merely upheld a statute itself setting that guideline.

    I don’t think that race discrimination by non-government actors was the target of the 14th Amendment, nor do I think that all varieties of government discrimination were targets of the amendment.

    As Tom and I said in WKTC?, the Supreme Court justices who decided Brown didn’t think that the 14th Amendment was meant to address this question either.

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