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Gale Encyclopedia Of American Law 3Rd Edition Volume 11 P13

Gale Encyclopedia of American Law Volume 11 P13 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW BROWN V. BOARD OF EDUCATION 107 discriminates against the blacks the United States courts can protect them. I know it is objected that this is an enlargement of the power of the United States Supreme Court. But it is a power given on the side of liberty power to protect and not power to oppress. For the appeal will come up to this court from the aggrieved individual against the aggressing state. The Western States Of the states west of the Mississippi which ratified the Amendment Nebraska is quite significant because it was admitted to the Union during the life of the 39th Congress and conditions were imposed upon its admission which demonstrate that the Congress which prepared the Amendment intended to eradicate all distinctions based upon race. Nebraska won statehood without having ratified the Amendment. But the enabling Act provided that this act shall take effect with the fundamental and perpetual condition that there shall be no abridgement or denial of the exercise of the elective franchise or any other right to any person by reason of race or color. Act of February 9 1867 ch. 9 sec. 3 14 Stat. 377 emphasis supplied . The Act furthermore required Nebraska to publicly proclaim this fundamental condition as a part of the organization of this state. While the enabling Act was still being considered by Congress the territorial legislature forthwith passed a Bill to remove all distinctions on account of race or color in our public schools 401 since the existing school law restricting the enumeration of pupils to white youths402 had heretofore been administratively construed to exclude colored children from the public schools. This bill failed to enter the statute books for lack of gubernatorial endorse-ment.403 The same session of the legislature by an appropriate resolution recognized the enabling Act s fundamental condition on February 20 1867 and on March 1st Nebraska was proclaimed the 37th state. Two months later a 401Neb. House J. 12th