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 is usually interpreted as denoting the
 inferiority of the Negro group. A sense of
 inferiority affects the motivation of a child
 to learn_ Segregation with the sanction of
 the laws therefore, has a tendency to retard
 the educational and mental development of
 Negro children and to deprive them of some of
 the benefits they would receive in a racially
 integrated school system° _lhgl_Y_L_i_/laV_
 been__the ent ' __/_9__19e _ q_e at_
 th_@_ t ime 9__PJ_____/fej_gu___l____h i s_c[ind ing
 _s amply $/&p_p_Qrted_by modgr/l_9_13QrJEhZ
 (citing numerous scientific studies).
 347 U_S. at 494 (emphasis added).
 While arbitrariness and irrationality may not be evident
 from the literal words of a statute, such arbitrariness and
 irrationality may be demonstrated by scientific or other
 empirical evidence° The Supreme Court reaffirmed this principle
 in __r___y__Un_te_ S__a_tes_ 395 UoS. 6_ 90 S.Ct. !532t 23 LoEd.2d
 57 (1969)o There the Court was presented with a challenge to 21
 U.S.C. § 176a_ which provided that persons who possessed
 marijuana in the United States would be presumed to know that the
 marijuana had been illegally imported° After surveying a mass of
 reports_ studies, and articles by experts on the cultivatione
 importation, and distribution of marijuana, the Court concluded
 that it could not be said that '_ o . at least a majority of
 marijuana possessors have learned of the foreign origin of their
 marijuana. 'w _ 52. Accordinglyg in light of the empirical
 data, the Court struck down the presumption as invalid. The
 Court expressly stated:
 A statute based upon a legis!atJve
 declaration of facts is subject to
 constitutional attack on the ground that the
 facts no longer exist; in ruling upon such a

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