norml23 - Page 11
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is greater when it has the sanction of the
law; for the policy of separating the races;
is usually interpreted as denoting the
inferiority of the Negro group. A sense of
inferiority affects the motivation of a chiimd
to learn. Segregation with the sanction of
the law, therefore, has a tendency to retard
the educational and mental development o1'
Negro children and to deprive them of some of
the benefits they would receive in a racially
integrated school system. Whatever may have
been the extent of psychoJogical knowledge at
the time of Plessy v. Ferguson, this finding
is amply supported by modern authority
(citing numerous scientific studies)°
347 U.S. at 494 (emphasis added).
While arbitrariness and irrationality may not be evident
from the _iteral words of a statute, such arbitrariness and
irrationality may be "demonstrate" by scientific or other
empirical evidence. The Supreme Court reaffirmed this principJe
in Leary v. United States, 395 U.S. 6, 90 S.Ct. 1532, 23 L.Ed.2d
57 (1969). There the court was presented with a challenge to 21
UoS.Co 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 articJes by experts on the cultivation, importation,
and distribution of marijuana, the court concluded that it could
not be said that "... at least a majority of marijuana
possessors have [earned of the foreign origin of their
marijuana." Id. at p. 52. Accordingly, the court struck down
the presumption as invalid, in light of the empiricaJ data. The
court expressly stated:
A statute based upon a legislative
declaration of facts is subject to
constitutional attack on the ground that the
facts no Jonger exist; in ruJing upon such a
challenge, a court must, of course, be free
to reexamine the factual declaration°
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