Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution. Courts have asserted that such protections stem from the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." Substantive due process demarcates the line between acts that courts deem subject to government regulation or legislation and those they consider beyond the reach of governmental interference. Whether the Fifth or Fourteenth Amendments were intended to serve that function continues to be a matter of scholarly as well as judicial discussion and dissent. In 2022, Justice Clarence Thomas called on the Supreme Court to reconsider all of its rulings that were based on substantive due process.
Charles Hamilton Houston was an American lawyer. He was the dean of Howard University Law School and NAACP first special counsel. A graduate of Amherst College and Harvard Law School, Houston played a significant role in dismantling Jim Crow laws, especially attacking segregation in schools and racial housing covenants. He earned the title "The Man Who Killed Jim Crow".
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.
The NAACP Legal Defense and Educational Fund, Inc. is an American civil rights organization and law firm based in New York City.
The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820 and is located at 207 West High Street in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give the Supreme Court exclusive jurisdiction – the sole legal power to hear – over five types of cases on appeal. Pursuant to Article V, Section 3 of the Missouri Constitution, these cases involve:
Blockbusting was a business practice in the United States in which real estate agents and building developers convinced residents in a particular area to sell their property at below-market prices. This was achieved by fearmongering the homeowners, telling them that racial minorities would soon be moving into their neighborhoods. The blockbusters would then sell those same houses at inflated prices to black families seeking upward mobility. Blockbusting became prominent after post-World War II bans on explicitly segregationist real estate practices. By the 1980s it had mostly disappeared in the United States after changes to the law and real estate market.
A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied covenant of good faith is presumed.
California Proposition 14 was a November 1964 initiative ballot measure that amended the California state constitution to nullify the 1963 Rumford Fair Housing Act, thereby allowing property sellers, landlords and their agents to openly discriminate on ethnic grounds when selling or letting accommodations, as they had been permitted to before 1963. The proposition became law after receiving support from 65% of voters. In 1966, the California Supreme Court in a 5–2 split decision declared Proposition 14 unconstitutional under the equal protection clause of the United States Constitution. The U.S. Supreme Court affirmed that decision in 1967 in Reitman v. Mulkey.
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 17, established in 2015, underscores the link between promoting human rights and sustaining peace.
The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868.
Hansberry v. Lee, 311 U.S. 32 (1940), is a famous and commonly-used case in civil procedure classes for teaching that res judicata does not apply to an individual whose interests were not adequately represented in a prior class action. The case was successfully argued by the civil rights attorney Earl B. Dickerson.
An unenforceable contract or transaction is one that is valid but one the court will not enforce. Unenforceable is usually used in contradiction to void and voidable. If the parties perform the agreement, it will be valid, but the court will not compel them if they do not.
The Washington Park Subdivision is the name of the historic 3-city block by 4-city block subdivision in the northwest corner of the Woodlawn community area, on the South Side of Chicago in Illinois that stands in the place of the original Washington Park Race Track. The area evolved as a redevelopment of the land previously occupied by the racetrack. It was originally an exclusively white neighborhood that included residential housing, amusement parks, and beer gardens.
Loren Miller was an American journalist, civil rights activist, attorney, and judge. Miller was appointed to the Los Angeles County Superior Court by governor Edmund G. "Pat" Brown in 1964 and served until his death in 1967. Miller was a specialist in housing discrimination, whose involvement in the early stages of the Civil Rights Movement earned him a reputation as a tenacious fighter for equal housing opportunities for minorities. Miller argued some of the most historic civil rights cases ever heard before the Supreme Court of the United States. He was chief counsel before the court in the 1948 decision that led to the outlawing of racial restrictive covenants, Shelley v. Kraemer.
The Shelley House is a historic house at 4600 Labadie Avenue in St. Louis, Missouri. Built in 1906, this duplex was the focus of the 1948 United States Supreme Court case Shelley v. Kraemer, which ruled that judicial enforcement by state courts of racially restrictive covenants violated the Constitution. The house was designated a National Historic Landmark on December 14, 1990.
Corrigan v. Buckley, 271 U.S. 323 (1926), was a US Supreme Court case in 1926 that ruled that the racially-restrictive covenant of multiple residents on S Street NW, between 18th Street and New Hampshire Avenue, in Washington, DC, was a legally-binding document that made the selling of a house to a black family a void contract. This ruling set the precedent upholding racially restrictive covenants in Washington; soon after this ruling, racially restrictive covenants flourished around the nation. Subsequently, in Shelley v. Kraemer (1948) the court reconsidered such covenants and found that racially restrictive covenants are unenforceable.
Ghettos in the United States are typically urban neighborhoods perceived as being high in crime and poverty. The origins of these areas are specific to the United States and its laws, which created ghettos through both legislation and private efforts to segregate America for political, economic, social, and ideological reasons: de jure and de facto segregation. De facto segregation continues today in ways such as residential segregation and school segregation because of contemporary behavior and the historical legacy of de jure segregation.
The Orsel and Minnie McGhee House is a single family home located at 4626 Seebaldt Street in Detroit. The house played a role in the landmark Shelley v. Kraemer Supreme Court decision that determined racially restrictive covenants to be unenforceable. It was listed on the National Register of Historic Places in 2022.
