The Color of Law

The Color of Law

by

Richard Rothstein

Fifth Amendment Term Analysis

One of the 10 amendments comprising the Bill of Rights, the Fifth Amendment to the United States Constitution guarantees a number of legal rights, including “due process of law,” which the Supreme Court has agreed implies “equal protection” for all people. The Fifth Amendment, which guarantees these rights from the federal government, is a precursor to the Fourteenth Amendment, which guarantees people these same rights from state governments. Rothstein argues that the de jure residential segregation of African Americans into ghettos, like the federally-enforced deprivation of financial services to African Americans, clearly violates the Fifth Amendment, and therefore should be banned and remedied by the federal government.
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Fifth Amendment Term Timeline in The Color of Law

The timeline below shows where the term Fifth Amendment appears in The Color of Law. The colored dots and icons indicate which themes are associated with that appearance.
Preface
De Jure vs. De Facto Segregation Theme Icon
Segregation and the Preservation of Racial Caste Theme Icon
Separation of Powers, Legal Activism, and Minority Rights Theme Icon
Systematic housing discrimination is also illegal: it violates not only the Fifth and Fourteenth Amendments to the Constitution, but also the Thirteenth, which both outlaws slavery and... (full context)
Chapter 7: IRS Support and Compliant Regulators
De Jure vs. De Facto Segregation Theme Icon
Racism, Profit, and Political Gain Theme Icon
Separation of Powers, Legal Activism, and Minority Rights Theme Icon
...case, the Supreme Court examined whether giving “tax-exempt status to racially discriminatory schools” violated the Fifth Amendment. The Court ultimately decided the case on other grounds, but Rothstein argues that government... (full context)