Buchanan v. Warley
Encyclopedia
Buchanan v. Warley, 245 U.S. 60 (1917) was a unanimous United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 decision addressing civil government instituted racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...

 in residential areas. The Court held that a Louisville
Louisville, Kentucky
Louisville is the largest city in the U.S. state of Kentucky, and the county seat of Jefferson County. Since 2003, the city's borders have been coterminous with those of the county because of a city-county merger. The city's population at the 2010 census was 741,096...

, Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...

, city ordinance prohibiting the sale of real property to African Americans violated the Fourteenth Amendment, which protected freedom of contract. Unlike prior state court rulings that had overturned racial zoning ordinances on takings clause grounds due to those ordinances' failures to grandfather
Grandfather clause
Grandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption...

 land owned prior to enactment, the Court in Buchanan ruled that the motive for the Louisville ordinance, race, was an insufficient purpose to make the prohibition constitutional.

See also


Further reading

  • Bernstein, David E. Rehabilitating Lochner: Defending Individual Rights against Progressive Reform. Chapter 5. Chicago: University of Chicago Press, 2011. ISBN 0226043533
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK