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Constitutional Law Keyed to Paulsen
Berea College v. Kentucky
Citation:
211 U.S. 45 (1908)Facts
Berea College was incorporated under Kentucky law with the purpose of educating all persons who attended its institution of learning. The college operated in Madison County, Kentucky, and admitted both white and negro students for instruction at the same time and place. In 1904, Kentucky enacted a statute making it unlawful for any person, corporation, or association to maintain or operate any school where both white and negro races were received as pupils. The statute imposed a $1,000 fine and additional daily fines for continued violations. Berea College was indicted, tried, and convicted under this statute. The college challenged the law as violating the Fourteenth Amendment’s guarantees of due process and equal protection. The Kentucky Court of Appeals affirmed the conviction, holding both that the state had police power to separate the races in private schools and that as a corporation, Berea College had no natural right to teach that the state could not qualify or withhold.
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