Reformist Myopia and the Imperative of Progress; Lessons for Post-Brown Era
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Lively, Donald E.
Vanderbilt Law Review
Over the course of two centuries, constitutional law has evolved as both a source and ratification of moral development. The processes of constructing and interpreting the nation's charter have established a unique window through which it is possible to glimpse the fundamental concerns of bygone and present eras and to observe the competition of values and ordering of priorities that define the society. A survey of the complete record discloses innumerable conflicts of law and morality that have arisen, been resolved, and exist now primarily as historical reference points. It also reveals significant business that remains unfinished. Even as the nation has developed and reinvented itself, fundamental problems of race have endured as a seemingly immutable and intractable feature of its cultural landscape. Race was a crucial factor when the union was formed, and later when it ruptured and was reconstructed. It has persisted as an agent of profound division, confoundment, and nonresolution.
Text, 36 pages
Copyright holder of article is Vanderbilt Law Review.
Donald E. Lively, Reformist Myopia and the Imperative of Progress; Lessons for Post-Brown Era, 46
Vand. L. Rev.865 (1993).
April 11, 2016