Buchanan v. Warley

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Buchanan v. Warley
Seal of the United States Supreme Court.svg
Argued April 10–11, 1916
Reargued April 27, 1917
Decided November 5, 1917
Full case name Buchanan v. Warley
Citations 245 U.S. 60 (more)
38 S. Ct. 16; 62 L. Ed. 149; 1917 U.S. LEXIS 1788
Holding
Louisville, Kentucky ordinance compelling racial segregation of residential housing was unconstitutional in respect to the Fourteenth Amendment
Court membership
Case opinions
Majority Day, joined by unanimous

Buchanan v. Warley, 245 U.S. 60 (1917), was a United States Supreme Court case in which the Court addressed civil government instituted racial segregation in residential areas. The Court held that a Louisville, Kentucky, city ordinance prohibiting the sale of real property to blacks violated the Fourteenth Amendment, which protected freedom of contract, reversing the ruling of the Kentucky Court of Appeals. Unlike prior state court rulings that had overturned racial zoning ordinances on takings clause grounds due to those ordinances' failures to grandfather land owned prior to enactment, the Court in Buchanan ruled that the motive for the Louisville ordinance, race, was an insufficient purpose to make the prohibition constitutional.[1]

See also[edit]

References[edit]

  1. ^ Silver, Christopher (1997). "The Racial Origins of Zoning in American Cities". In Thomas, J. M.; Ritzdorf, M. Urban Planning & the African American Community: In the Shadows. Thousand Oaks, CA: SAGE Publ. ISBN 0-8039-7233-4. 

Further reading[edit]

  • Bernstein, David E. Rehabilitating Lochner: Defending Individual Rights against Progressive Reform. Chapter 5. Chicago: University of Chicago Press, 2011. ISBN 0-226-04353-3
  • Nelson, Arthur C.; Dawkins, Casey J.; Sanchez, Thomas W. (2004). "Urban Containment and Residential Segregation: A Preliminary Investigation". Urban Studies 41 (2): 423–439. doi:10.1080/0042098032000165325. 
  • Rice, Roger L. (1968). "Residential Segregation by Law, 1910-1917". Journal of Southern History (The Journal of Southern History, Vol. 34, No. 2) 34 (2): 179–199. doi:10.2307/2204656. JSTOR 2204656. 

External links[edit]

  • Text of Buchanan v. Warley, 245 U.S. 60 (1916) is available from:  Findlaw  Justia