American Constitutionalism in Historical Perspective (packet)

The Purpose Effect Distinction and Restructuring the Political Process

1. 
   Hunter v. Erikson: p.704 charter amendment requiring any Fair Housing laws to be approved by majority is struck down b/c disproportionate impact on minorities. Referenda targeted at race.
   
2. 
   Washington v. Seattle School District: strikes down initiative which held that no school bd shall req any student to attend a school other than what is nearest to them (prohibits school bd remedies for de facto seg but not for de jure seg) Imposes substantial and unique burden on racial minorities.
   
3. 
   Crawford v. Louisiana Board of Ed., 1982: court upheld referendum forbidding the state from forcing integration thru busing in a de facto area. Rehnquist ct found that a state could constit limit its enforcement power w/in fed standards. Limits state power to order busing to fed ct orders
   
   1. 
      Marshall’s dissent: is just like the Seattle case, d/n see the distinction.
      
   2. 
      Distinction is that in Washington taking power away from school districts and putting it in legislature/school bd. This provision only restrains courts.
      

3. 
   Affirmative action (Race)(pp. 793-840)
   

Powell	Brennan (4)	Stevens (4)
I. Standard of review- strict	I. Intermediate (1) Important purpose (2) Substantially pursued
II. Purposes	II. a. Racism
III. Diversity
IV. Harvard Plan

[Harvard Plan stick figure]

1. 
   2 leading principles:
   
   1.