Hi Alea
For an interesting tracing of the manner in which Supreme court decisions can change over the years on virtually the same issue, compare the Missouri case Rachel v Walker (1836), and US cases Scott v Sandford (1857), Plessy v Ferguson (1896) and Brown v Board of Education of Topeka, Kansas (1954).
In the era of Rachel v Walker, (which upheld the principle of "once free, always free" and allowed slaves that had set foot on free soil to claim freedom) slavery was not quite so politically supercharged as it would become in 1850 with the addition of the Fugitive Slave Act. Then in 1854, the Scott v Sandford case established a federal ruling that superceded Rachel, and averred that African Americans were not intended to be accorded civil rights by the authors of the Constitution. In fairness to Chief Justice Taney, part of his motivations here was a hope that this decision would avert a civil war. Plessy affirmed the "right" of a state to create public policy which created a segregated condition between African Americans and Whites.
The 1954 Brown decision overturned segregation, in significant part based on the testimony of Kenneth Clark (who later became president of the American Psychological Association). Clark conducted a study which ended with his conclusion that segregation is inherently harmful because the racism behind it is internalized and produces feelings of inferiority. He testified, I believe in a South Carolina Case that was attached to the Brown case, that his research demonstrated that segregation is inherently harmful. His scientific approach, and the general acceptance by that time of Psychology as a legitimate science, played a crucial role in the Brown decision.
The changes that had occured between the Plessy and Brown cases involved in part the growth and popular acceptance of social sciences like Psychology and Sociology, allowing the justices to make a more informed decision. So, we can and do flex our Constitution as new developments arise. You just have to hope the flex is in a positive direction.
AI
