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Kasz216 said:
akuma587 said:

I think you just misread the holding:

The segregation of children in public schools solely on the basis of race, even though the physical facilities and other tangible factors may be equal, deprives the children of minority group of equal educational opportunities, and amounts to a deprivation of the equal protection of the laws guaranteed by the Fourteenth Amendment to the Federal Constitution. U.S.C.A.Const. Amend. 14.

 

Yes there is something intangiable that is unequal.  Something unmeasurable that causes the equal educational oppututnity to not be equal. 

In regards to something like the law... this isn't relevent... since the law is simply a mechanism.

 

Its not unmeasurable.  You have School X and School Y both run by the government.  If Student A is only allowed to go to School X no matter what he does, then he isn't provided equal protection by the law and the government is not treating him equally.  It isn't relevant that School X may be better or worse than School Y.  It isn't relevant that they may be exactly the same.

I don't even understand what you are trying to say that the law is simply a mechanism.  Law doesn't mean anything in the absence of facts.  Law only has a meaning when it is applied to a set of facts.  Otherwise it is just words on a page.

 



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