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Shelley v. Kraemer, 334 U.S. 1 (1948), is a landmark United States Supreme Court case that struck down racially restrictive housing covenants. These are not cases, as has been suggested, in which the States have merely abstained from action, leaving private individuals free to impose such discriminations as they see fit. Use of the properties for residential occupancy, as such, is not forbidden. These are cases in which the purposes of the agreements were secured only by judicial enforcement by state courts of the restrictive terms of the agreements. However, where, as here, the purposes of the agreements and the ... Subject of law: The Post-Civil War Amendments And Civil Rights Legislation: Constitutional Restraints On Private Conduct; Congressional Power To Implement The Amendments. is indicated by page numbers in italics. Accordingly, the appeal was dismissed for want of a substantial question. Casebriefs is concerned with your security, please complete the following, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, I Agree to the End-User License Agreement, The Post-Civil War Amendments And Civil Rights Legislation: Constitutional Restraints On Private Conduct; Congressional Power To Implement The Amendments, The Constitution, Baselines, And The Problem Of Private Power, Application Of The Post Civil War Amendments To Private Conduct: Congressional Power To Enforce The Amendments, The Structure Of The Constitution's Protection Of Civil Rights And Civil Liberties, Servitudes: Public Regulations Of Private Agreements Restricting Land Use, Capitol Federal Savings & Loan Association v. Smith, Equal Protection: Ordinary, “Suspect,” and “Quasi-Suspect” Classifications, Chapter 6.
Your Study Buddy will automatically renew until cancelled. — Excerpted from Shelley v. Kraemer on Wikipedia, the free encyclopedia. [ Footnote 2 ] Kraemer v. Shelley, 1946, 355 Mo. Nor was the question of the validity of court enforcement of the restrictive covenants under the Fifth Amendment properly before the Court, as the opinion of this Court specifically recognizes.5 The only constitutional issue which the appellants had raised in the lower courts, and hence the only constitutional issue before this Court on appeal, was the validity of the covenant agreements as such. 72: Shelley v. Kraemer: Petition for a Writ of Certiorari to the Supreme Court of Missouri, En Banc, and Brief in Support Thereof, Document Description: Supreme Court records on Shelley v. Kraemer, Publication: Supreme Court Records and Briefs, ProQuest Product: Supreme Court Records and Briefs. Adkins v. Children’s Hospital  But that such legislation is also offensive to the rights of those desiring to acquire and occupy property and barred on grounds of race or color, is clear, not only from the language of the opinion in Buchanan v. Warley, supra, but from this Court’s disposition of the case of City of Richmond v. Deans, 1930, 281 U.S. 704 .

Agostini v. Felton 
On January 30, 1945, respondents, as owners of property subject to the terms of the restrictive agreement, brought suit against petitioners in the Circuit Court of Wayne County. Barnes v. Glen Theatre, Inc., 319

Forego a bottle of soda and donate its cost to us for the information you just learned, and feel good about helping to make it available to everyone! State action is apparent whenever the claim involves a statute, regulation, or direct action by the government or one of its subdivisions. The respondents urge that judicial enforcement of private agreements does not amount to state action; or, in any event, the participation of the State is so attenuated in character as not to amount to state action within the meaning of the Fourteenth Amendment.

3. Thus, in Commonwealth of Virginia v. Rives, 1880, 100 U.S. 313, 318 , this Court stated: ‘It is doubtless true that a State may act through different agencies,-either by its legislative, its executive, or its judicial authorities; and the prohibitions of the amendment extend to all action of the State denying equal protection of the laws, whether it be action by one of these agencies or by another.’ In Ex parte Commonwealth of Virginia, 1880, 100 U.S. 339, 347 , the Court observed: ‘A State acts by its legislative, its executive, or its judicial authorities. Ball v. James, 115, 309 U.S. Reports: Shelley v. Kraemer, 334 U.S. 1 (1948). Moore v. Dempsey, 1923, 261 U.S. 86 . We do not understand respondents to urge the contrary. Facts of the Case. Citation22 Ill. 334 U.S. 1, 68 S. Ct. 836, 92 L. Ed. 448, 196 S.W.2d 780; Koehler v. Rowland, 1918, 275 Mo. Abington School Dist. Create your own unique website with customizable templates. Synopsis of Rule of Law. The agreement provided that the restrictions were to remain in effect until January 1, 1960. Principal discussion of a case Pp. Private agreements to exclude persons of designated race or color from the use or occupancy of real estate for residential purposes do not violate the Fourteenth Amendment; but it is violative of the equal protection clause of the Fourteenth Amendment for state courts to enforce them. Marsh v. Alabama, 1946, 326 U.S. 501 . Synopsis of Rule of Law.

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