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"Toward Neutral Principles of Constitutional Law" by Herbert Wechsler and the Brown v. the Board of Education Legal Decision

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CSW COLLEGE

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documents in English
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  1. Personal values entering into the decision
  2. Decisions and judgments based on opinion

In "Toward Neutral Principles of Constitutional Law", Herbert Wechsler brings up difficult issues that are eternally present in cases that make their way up to the Supreme Court. While we often deny these issues and simply assume that the court is making a decision that is "Constitutional" and "reasonable", by deeply analyzing certain cases, we are confronted with the fact that there are many areas of grey with no easy solutions. In the Brown v. Board of Education Supreme Court case, Wechsler criticizes the pretense that the judges have used a "neutral" approach to come to their decision.

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