Reply #37: "Should" have been done by state legislatures. Had non-federal [View All]

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schools been desegregated by Congress, the Constitutional question would have been "by what authority?" Tying it to the commerce clause would have been a stretch but, depending on the court, might have worked.

However, if the Constitution said, "Congress shall make all rules for schools located within the United States" and Congress had then segregated them by legislation, Brown v. Board as we know it probably wouldn't have occurred. And it would have been shitty, but likely Constitutional.

Constitutional doesn't necessarily equate to good - just ask those engaged in the death penalty debate.

Thanks for asking.