Difference between revisions of "Missouri v. Jenkins"
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| − | There have been two US Supreme Court cases named '''''Missouri v. Jenkins'''''. | + | There have been two US Supreme Court cases named '''''Missouri v. Jenkins'''''. Both cases involved judicial control over formerly segregated school districts. The first case in 1990 established the ability of a district court to order a school district to raise local taxes and the second ended judicial control and restricted the ability of a district court to retain control over a district once it had remedied constitutional violations. |
| − | ==1990 | + | ==495 U.S. 33 (1990)== |
In '''''Missouri v. Jenkins''''' (1990), the district court had attempted to raise local taxes to finance [[school integration]]. The Supreme Court ruled that the district court could not do that itself, but it could order the local government to do so - despite a state statute limiting taxes. | In '''''Missouri v. Jenkins''''' (1990), the district court had attempted to raise local taxes to finance [[school integration]]. The Supreme Court ruled that the district court could not do that itself, but it could order the local government to do so - despite a state statute limiting taxes. | ||
{{QuoteBox|...a local government with taxing authority may be ordered to levy taxes in excess of the limit set by state statute where there is reason based in the Constitution for not observing the statutory limitation.}} | {{QuoteBox|...a local government with taxing authority may be ordered to levy taxes in excess of the limit set by state statute where there is reason based in the Constitution for not observing the statutory limitation.}} | ||
Revision as of 10:27, November 1, 2009
There have been two US Supreme Court cases named Missouri v. Jenkins. Both cases involved judicial control over formerly segregated school districts. The first case in 1990 established the ability of a district court to order a school district to raise local taxes and the second ended judicial control and restricted the ability of a district court to retain control over a district once it had remedied constitutional violations.
495 U.S. 33 (1990)
In Missouri v. Jenkins (1990), the district court had attempted to raise local taxes to finance school integration. The Supreme Court ruled that the district court could not do that itself, but it could order the local government to do so - despite a state statute limiting taxes.
...a local government with taxing authority may be ordered to levy taxes in excess of the limit set by state statute where there is reason based in the Constitution for not observing the statutory limitation.
Justice Byron White wrote the opinion for the 5-4 Court.
1995 case
In Missouri v. Jenkins (1995), the U.S. Supreme Court ruled to end 18-year-old judicial control over a school district. It ordered the trial court to "bear in mind that its end purpose is not only 'to remedy the violation' to the extent practicable, but also 'to restore state and local authorities to the control of a school system that is operating in compliance with the Constitution.'"
Chief Justice William Rehnquist delivered the opinion of the court.
- Full text of all opinions in the case.