"The supposed inconsistency between _Brown_ and the original meaning of the Fourteenth Amendment has assumed enormous importance in modern debate over constitutional theory. Such is the moral authority of _Brown_ that if any particular theory does not produce the conclusion that _Brown_ was correctly decided, the theory is seriously discredited." ORIGINALISM AND THE DESEGREGATION DECISIONS, by Michael W. McConnell, 81 Va. L. Rev. 947 (1995). The article goes against a long-standing consensus and argues that, in fact, _Brown_ was correctly decided under the original meaning of the Amendment. The Topeka school involved in the case is now a National Historic Park. https://www.nps.gov/brvb/index.htm
"The supposed inconsistency between _Brown_ and the original meaning of the Fourteenth Amendment has assumed enormous importance in modern debate over constitutional theory. Such is the moral authority of _Brown_ that if any particular theory does not produce the conclusion that _Brown_ was correctly decided, the theory is seriously discredited." ORIGINALISM AND THE DESEGREGATION DECISIONS, by Michael W. McConnell, 81 Va. L. Rev. 947 (1995). The article goes against a long-standing consensus and argues that, in fact, _Brown_ was correctly decided under the original meaning of the Amendment. The Topeka school involved in the case is now a National Historic Park. https://www.nps.gov/brvb/index.htm
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