A history of the 14th Amendment and how it is used today in Courts, including the law and statutes that come from and support it that affect educators. The concept of “discrimination” will also be looked at with the (controversial) proposal that we have an incorrect view and usage of the concept today, including the idea that discrimination is always a bad thing. To the contrary, the idea that discrimination used to have a neutral–if not positive–connotation, as still evidenced in such usage as “the discriminant” in mathematics (quadratic formula) and having “discriminating tastes”. This older–and more correct–view can still be seen operating in Supreme Court jurisprudence in the “Rational Basis/Strict Scrutiny Test” used in deciding 14th Amendment claims.
