The+mountian+shakes


 * BY:Shykira Ross**

Bolling v. sharpe (1954) Race at the time was dealing with the case of segregation in public schools.It also was compared to the brown v. board of education. That addressed school desegregation which led to the context of the equal protection of the Fourteenth Amendment.(The Fourteenth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable search and seizures. The fourteenth amendment only applies to the states so it was insufficent to the school segregation in the federal Dlstrict of columbia.

Facts of the Case: On account of their race, black children in Washington D.C. were denied admission to the same public schools which white children attended.

Question: Did the segregation of the public schools of Washington D.C. violate the due process clause of the Fifth Amendment?

Conclusion: Yes. In a unanimous decision, the Court found that racial discrimination in the public schools of Washington D.C. denied blacks due process of law as protected by the Fifth Amendment. Noting the legal peculiarities of the District of Columbia, Chief Justice Warren recognized that the Fifth Amendment (which applied to the District) did not contain an equal protection clause while the Fourteenth Amendment (which was used as the standard for outlawing school desegregation in Brown v. Board of Education) did. Lacking an equal protection standard to invalidate the District's segregation, Warren creatively relied on the Fifth Amendment's guarantee of "liberty" to find the segregation of the Washington D.C. schools unconstitutional.