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Civil Rights Law and Historically Black Colleges

Civil Rights Law and Historically Black Colleges

This chapter will discuss the law surrounding Historically Black Colleges (HBCs). Specifically, the discussion will focus upon the development of civil rights law and its application to HBCs. In particular, this chapter will examine how HBCs have been treated under equal protection principles since Reconstruction. The main focus will be upon the effect of Supreme Court decisions since the Brown v. Board of Education decision in 1954. The first part of the chapter will examine the background of the law in this area, looking at the development of equal protection. The second part of the chapter will look at court cases prior to the Brown decision. The third part of the chapter will discuss the cases decided after Brown in the 1960s, 1970s, and 1980s. The fourth part of the chapter will examine the Supreme Court's 1992 ruling in United States v. Fordice. This case changed the legal standard for analyzing equal protection in the higher education setting. This part of the chapter will also discuss the reaction to Fordice and the possible effects it may have on the future of HBCs.

The Equal Protection Clause is part of the Fourteenth Amendment to the Constitution, enacted after the Civil War. Its primary purpose was to secure free and equal treatment for ex-slaves. Although it has been applied to other areas, it has primarily been used in the realm of race classifications. The Fourteenth Amendment explicitly applies to the states and state actions, although the Supreme Court has held that the federal government is similarly constrained by the Due Process Clause of the Fifth Amendment. The Equal Protection Clause essentially guarantees that persons who are similarly situated will be treated similarly.

The primary issue in the area of equal protection is the effect of government action upon individuals: does this action discriminate against one group of individuals a...

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Civil Rights Law and Historically Black Colleges . (1969, December 31). In LotsofEssays.com. Retrieved 12:34, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1682421.html