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Part V Themes, Ch.40 Constitutionalism Outside the Courts

Ernest A. Young

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

In September 1957, Governor Orval Faubus of Arkansas ordered the National Guard to prevent black students from entering Central High School in Little Rock. The students sought to enter pursuant to a desegregation plan adopted by the Little Rock School Board to comply with the U.S. Supreme Court’s decisions in Brown v. Board of Education.1 Brown had held that racially segregated public schools were unconstitutional, but Faubus disagreed. With Faubus’s support, the Arkansas legislature had enacted “interposition” legislation, directing the state to prevent...
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