Shelley v. Kraemer, 334 U.S. 1

Supreme Court of the United States

1948

Chapter

9

Title

State Action, Baselines, and the Problem of Private Power

Page

1561

Topic

Judicial Action and the Theory of Government Neutrality

Quick Notes

In the two cases before the Court, black families had purchased homes burdened by restrictive covenants, signed by property owners in the neighborhood that prohibited occupancy by nonwhites.

Rule

o         The Constitution confers upon no individual the right to demand action by the State which results in the denial of equal protection of the laws to other individuals.

Court - Restrictive Covenant Agreement Spectrum

o         When does it not offend the 14th Amendment?

o    If judicial enforcement is not required, then it is merely a voluntary adherence to a private agreement.

o         When does it VIOLATE the 14th Amendment?

o    Once the agreement is secured by judicial enforcement by state courts.

14th Amend. Section 1.

o    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

o    No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;

Due Process

o    nor shall any state deprive any person of life, liberty, or property, without due process of law;

Equal Protection

o    nor deny to any person within its jurisdiction the equal protection of the laws.

Book Name

Constitutional Law : Stone, Seidman, Sunstein, Tushnet.  ISBN:  978-0-7355-7719-0

Issue

o         Whether enforcement by state courts of the restrictive agreements in these cases may be deemed to be the acts of those States? 

o    No, it terms of the agreement are among private individuals WITHOUT judicial enforcement.

o    Yes, once judicial enforcement is required.

o         Whether that action has denied these petitioners the equal protection of the laws which the Amendment was intended to insure? 

o    Yes, these case are an Equal Protection violation of the 14th amendment.

Procedure

Supreme

o         On writs of certiorari to the Supreme Courts of Missouri and Michigan, petitioners challenged decisions that enforced restrictive covenants in deeds of residential property whereby the owner agreed that it should not be used or occupied by any person except a Caucasian

Supreme

o         Supreme Court of Missouri Reversed.

o         Supreme Court of Michigan Reversed

Facts/Cases

Discussion

Key Phrases

Rules/Laws

Pl -   Shelley

Df -   Kraemer

Description

o          In the two cases before the Court, black families had purchased homes burdened by restrictive covenants, signed by property owners in the neighborhood that prohibited occupancy by nonwhites.

Respondent Action

o         Seeking to enforce the covenant provisions.

Court - 14th Amend. Protect Civil Rights protects from State Action

o         It cannot be doubted that among the civil rights intended to be protected from discriminatory state action by the Fourteenth Amendment are the rights to acquire, enjoy, own and dispose of property.

o         Equality in the enjoyment of property rights was regarded by the framers of that Amendment as an essential pre-condition to the realization of other basic civil rights and liberties which the Amendment was intended to guarantee.

14th Amendment

o         All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property

Court - Restrictive Covenant Agreement Spectrum

o         When does it not offend the 14th Amendment?

o    If judicial enforcement is not required, then it is merely a voluntary adherence to a private agreement.

o         When does it VIOLATE the 14th Amendment?

o    Once the agreement is secured by judicial enforcement by state courts.

Court - Holding

o         The Constitution confers upon no individual the right to demand action by the State which results in the denial of equal protection of the laws to other individuals.

o         And it would appear beyond question that the power of the State to create and enforce property interests must be exercised within the boundaries defined by the Fourteenth Amendment.

o         Supreme Court of Missouri Reversed.

o         Supreme Court of Michigan Reversed

Rules

14th Amend. Section 1.

o    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

o    No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;

Due Process

o    nor shall any state deprive any person of life, liberty, or property, without due process of law;

Equal Protection

o    nor deny to any person within its jurisdiction the equal protection of the laws.

Class Notes