Consider two possible zoning laws:
1. The first zoning law excludes "non-white persons" from the community.
2. The second zoning law allows only single-family residential use and thus excludes apartments and duplexes from the community.
In Arlington Heights, the Pls were arguing that zoning law number
2, like zoning law number 1, constituted an unconstitutional racial
classification under the Equal Protection Clause of the 14th Amendment,
because the second law had "racially discriminatory effects."
Do you understand this argument?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Thursday, March 23, 2023
Arlington Heights (page 810)
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