Sentences with phrase «constitutional scholars seem»
To begin, many legal historians and constitutional scholars seem to agree that the equal protection clause, as originally understood, did not prohibit segregation, because integration — including integrated schools — involved a «social» right, not a civil right, and therefore fell outside the ambit of that clause.
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Indeed, some constitutional provisions — the Charter's guarantee of freedom of conscience among them — seem to be caught in a vicious circle of mutually reinforcing neglect by courts and scholars alike.