Bolling v. Sharpe, 347 U.S. 497 (1954) (U.S. Supreme Court)
Bolling v. Sharpe is the indispensable federal counterpart to Brown v.
Does the Fifth Amendment's Due Process Clause prohibit the federal government from maintaining racially segregated public schools in the District of Columbia?
Although the Fifth Amendment lacks an Equal Protection Clause, its guarantee of due process of law embodies an equality component that forbids arbitrary discrimination by the federal government. Classifications based solely on race demand especially careful scrutiny and may be so unjustifiable as to violate due process. Racial segregation in public education is not reasonably related to any proper governmental objective and therefore violates the Fifth Amendment. Through this principle—often called reverse incorporation—equal protection constraints apply to federal action via the Fifth Amendment's Due Process Clause.
Yes. Racial segregation in the District of Columbia's public schools violates the Due Process Clause of the Fifth Amendment and is unconstitutional.
Bolling v. Sharpe is essential for understanding how equality norms bind the federal government. It closes a textual gap by grounding limits on federal discrimination in the Fifth Amendment's Due Process Clause, rather than the Fourteenth Amendment's Equal Protection Clause. This reverse incorporation principle underlies later cases applying equal protection analysis to federal action, including the modern rule that federal racial classifications trigger strict scrutiny (e.g., Adarand Constructors v. Peña). For law students, Bolling illustrates doctrinal synthesis across amendments, the interplay between due process and equality, and the Court's role in ensuring uniform constitutional protections regardless of whether the actor is state or federal.