CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


BUCHANAN V. WARLEY, 245 U. S. 60 (1917)

Subscribe to Cases that cite 245 U. S. 60 RSS feed for this section



-->

U.S. Supreme Court

Buchanan v. Warley, 245 U.S. 60 (1917)

Buchanan v. Warley

No. 33

Argued April 10, 11, 1916

Restored to docket for reargument April 17, 1916

Reargued April 27, 1917

Decided November 5, 1917

245 U.S. 60

Syllabus

A city ordinance which forbids colored persons to occupy houses in blocks where the greater number of houses are occupied by white persons in practical effect prevents the sale of lots in such blocks to colored persons, and is unconstitutional. A white owner who has made an otherwise valid and enforceable contract to convey such a lot to a colored person for the erection of a house upon it for occupancy by the vendee is deprived, in violation of the Fourteenth Amendment, of an essential element of his property -- the right to dispose of it to a constitutionally qualified purchaser -- and may attack the prohibition under the Fourteenth Amendment in a suit for specific performance of the contract against the vendee.

A city ordinance forbidding colored persons from occupying houses as residences, or places of abode or public assembly, on blocks where the majority of the houses are occupied by white persons for those purposes, and in like manner forbidding white persons when the conditions as to occupancy are reversed, and which bases the interdiction upon color. and nothing more, passes the legitimate bounds of police power, and invades the civil right to acquire, enjoy and use chanroblesvirtualawlibrary

Page 245 U. S. 61

property, which is guaranteed in equal measure to all citizens, white or colored, by the Fourteenth Amendment.

Such a prohibition cannot be sustained upon the grounds that, through race segregation, it serves to diminish miscegenation and promotes the public peace by averting race hostility and conflict, or that it prevents deterioration in value of property owned and occupied by white people; nor does the fact that, upon its face, it applies impartially to both races relieve it from the vice of discrimination or obviate the objection that it deprives of property without due process of law. Plessy v. Ferguson, 163 U. S. 537, and Berea College Case, 211 U. S. 45, distinguished.

165 Kentucky, 559, reversed.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 245 U. S. 69





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED