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Brown v board of education case history
Legislation that outlines the structure of the federal court system
Brown v board of education case history
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The Judicial Branch clarifies and assigns the laws. It provides the working for the disagreements. The Judicial Branch doesn’t make the laws or enforces the laws, but it explains and assigns the laws. The judicial branch is made up of all the court systems. The Supreme Court is the highest court in the judicial branch. The courts decide the disagreements about the laws and how they should be assigned. The supreme court only hears cases that have made their way through all of the courts. Once the supreme court makes the decision, it can only be changed by another decision made by the supreme court. There has been 7,000 or 7,500 cases sent to the supreme court, only about 90 or 100 will be accepted.The judicial branch (or the supreme court) has the most important powers, it can affect a lot of lives of so many people in a good or bad way. All of the cases that the supreme court …show more content…
Board of Education in 1954 This case is about getting racial fairness. There were a girl named Linda Brown, her friends, her sister, and other black students that wasn’t allowed to enter the white separated schools. NAACP filed a lawsuit on Linda and her group (because they were black) called Oliver Brown. They knew that their XIV amendment rights was excluded by separate schools. At the supreme court it was considered that the separation of schools (for the blacks and whites) was unconstitutional, because it insulted the Equal Protection Clause of the XIV amendment. Texas v. Johnson in 1989 This case is about the I amendment rights that included symbolic speech. In a demonstration, Greg Lee Johnson lit the flag of the U.S. on fire. Many people that were watching was insulted at this, so Johnson was charged and convicted of rudeness of an object that is honored. The case went onto the Supreme Court. When the Supreme court heard about the case, they sided with Johnson and reversed his conviction. Gibbons v. Ogden in
A very controversial court case in American history was Texas vs. Johnson (1984). In 1984, a man named Gregory Lee Johnson followed a group of anti – Reagan protesters to oppose the American exploitation of third world countries. This act of rebellion resulted in the burning of the American flag. Out of a total of approximately one hundred demonstrators who were involved in this ordeal, Johnson was solely charged with a crime. Johnson was arrested under Texas law, which made the burning of the United States or Texas flags crimes. Johnson was convicted and sentenced to one year in jail and fined two thousand dollars for his crime in restitution. Texas reasoned that the police were preventing the breach of peace; consider the flag a symbol of national unity. At Johnson's court trial, he was convicted of aiding, abetting and encouraging the burning of the Texan flag. This, in turn, made Johnson guilty under Texas state law.
The case started with a third-grader named Linda Brown. She was a black girl who lived just seen blocks away from an elementary school for white children. Despite living so close to that particular school, Linda had to walk more than a mile, and through a dangerous railroad switchyard, to get to the black elementary school in which she was enrolled. Oliver Brown, Linda's father tried to get Linda switched to the white school, but the principal of that school refuse to enroll her. After being told that his daughter could not attend the school that was closer to their home and that would be safer for Linda to get to and from, Mr. Brown went to the NAACP for help, and as it turned out, the NAACP had been looking for a case with strong enough merits that it could challenge the issue of segregation in pubic schools. The NAACP found other parents to join the suit and it then filed an injunction seeking to end segregation in the public schools in Kansas (Knappman, 1994, pg 466).
The Judiciary Branch offers checks and balances to the other branches of government. To both the Legislative and Executive branches, the Judicial Branch holds the power of judicial review. The Judicial branch can also declare existing laws as unconstitutional.
Much history came within the Texas v. Johnson case. It all started during the 1984 Republican National Convention, this is where Johnson participated in a political demonstration to protest what policies Regan was administrating (Brennan 1). A march was occurring throughout the city streets, which Johnson did take part in. Johnson burned an American flag while protesters chanted him on (Brennan 1). No person was specifically injured during this protest; although, many witnesses were severely offended (Brennan 1). Johnson was convicted of Desecration of a venerated object, which violated the Texas Statue. The state court of appeals affirmed Texas Court of Criminal Appeals and reversed the case stating it was a form of expressive conduct, so it was alright (Brennan 1). In a 5 to 4 decision the Supreme Court came to the conclusion that Johnson’s burning of the flag was protected under his First Amendment rights (Brennan 1). The court also found that although witnesses may have found it offensive, does not...
The case started in Topeka, Kansas, a black third-grader named Linda Brown had to walk one mile through a railroad switchyard to get to her black elementary school, even though a white elementary school was only seven blocks away. Linda's father, Oliver Brown, tried to enroll her in the white elementary school seven blocks from her house, but the principal of the school refused simply because the child was black. Brown went to McKinley Burnett, the head of Topeka's branch of the National Association for the Advancement of Colored People (NAACP) and asked for help (All Deliberate Speed pg 23). The NAACP was eager to assist the Browns, as it had long wanted to challenge segregation in public schools. The NAACP was looking for a case like this because they figured if they could just expose what had really been going on in "separate but equal society" that the circumstances really were not separate but equal, bur really much more disadvantaged to the colored people, that everything would be changed. The NAACP was hoping that if they could just prove this to society that the case would uplift most of the separate but equal facilities. The hopes of this case were for much more than just the school system, the colored people wanted to get this case to the top to abolish separate but equal.
While raining, your child walks six blocks to the bus stop with no shelter. When the bus finally arrives, it is in need of thirty minutes to get to school. Eventhough, there is a school a couple blocks down from their house, it is not even a thought in the eyes of the law due to the mere color of their skin. This is not just the story of Oliver Brown and his family, but many other families experiencing discrimination throughout the world. Brown was ready for a change, so he and the NAACP gathered evidence to take on the courts. Through the process of many getting denied the acceptance of their children in school, the National Association for the Advancement of Colored People gathered evidence for a lawsuit against the courts. Oliver Brown and many others were tired of the saying seperate but equal and the inferiority they were given through out their lives. Instead of just accepting the opinions of others and sitting around wanting a change, they stood for what they believed in, becoming the turning point in America. Judith Conaway was the author of the book Brown vs. Board of Education. In this book, Conaway describes in detail, the discrimination and experiences our ancestors had to go through. Through the triumphs they experienced, laws changed where segregation was abolished and everyone is equal. She says that the "supreme court had ruled that racial segregation in public schools denied African Americans equal protection under the law." She also said that the courts agreed that seperate schools harmed black children both academically and psychologically. For example, African American children would choose white dolls over black dolls because the black dolls were considered ugly with their heads down. This decision of the c...
The President of the United States is the head of the Executive branch. The President appoints heads of Federal agencies, such as the Cabinet. Article II of the Constitution states that the President executes the laws created by Congress and also enforces the laws created by Congress. The President has the power to negotiate and sign treaties, the power to grant pardons for Federal crimes. The Vice President and the Cabinet are also a part of the Executive branch. The Vice President should be ready at any time to step into the role of the President should the President become unable to perform the Presidential duties. The Cabinet is made up of the heads of 15 major departments of the government. The Cabinet advised the President on matters of major importance. The Cabinet includes The Secretary of State, The Secretary of the Treasury, The Secretary of Defense, The Attorney General(Justice Department, The Secretary of The Interior, The Secretary of Agriculture, The Secretary of Commerce, The Secretary of Labor, The Secretary of Health and Human Services, The Secretary of Homeland Security, The Secretary of Housing and Urban Development, The Secretary of Transportation, The Secretary of Education, The Secretary of Energy, and The Secretary of Veteran’s Affairs. The President appoints or removes Cabinet members. The Executive branch also includes members of the Armed Services. The Judicial branch is the court systems designed to oversee court cases through the US government. It explains the meaning of the Constitution and the laws that have been passed by Congress. The Supreme Court decides and rules whether or not something is permitted by the Constitution; constitutional or unconstitutional. There are nine Supreme Court Justices, or judges that are nominated by the President and approved by the Senate. They have no
For fifty five years, Americans accepted segregation between the African American and the white race. In the Plessy v. Ferguson case of 1896, the Supreme Court ruled that public facilities that are “separate but equal” do not violate the jurisdiction of the Fourteenth Amendment. Due to this ruling, all spaces including educational facilities in the South were expectedly segregated. However, in 1951, that assumption was uprooted. Oliver Brown, an African American father, attempted to register his daughter Linda in an all-white public school in Topeka, Kansas; expectedly, he and his daughter were turned away. Brown immediately took the matter to court with the assistance of the National Association for the Advancement of Colored People (NAACP). Rejected by the district court, the case was taken up to the Supreme Court. The attack on segregation was based upon the clauses of the Fifth Amendment including the Due Process Clause. The case also considered the impact of the equal protection clause of the Fourteenth Amendment. Around the same time, four other similar lawsuits appealed to the Court, originating from Delaware, South Carolina, Virginia and the District of Columbia. The Court grouped the five cases into one, naming it after Oliver Brown. The Brown v. Board of Education case was then reargued in 1953.1
In the year of 1896, the court ruled that it was legal to have "separate but equal" schools, in the case Plessy v. Ferguson. Thurgood Marshall, the main lawyer for NAACP decided he was going to challenge this. To do this he used 7 year- old Linda Brown's case. This African American girl was not allowed to attend an all- white school just down the street, rather than one across town. After that, the Brown family asked the court to let her go to the nearby school but sadly lost. Thurgood took little Linda's case all the way to the Supreme Court. They argued saying, that under segregation, schools provided for African Americans were not- and could not be- equal to white schools. On May 17 in the year of 1954, the court gave its ruling, Furthermore,
The Supreme Court, which sees almost 150 petitions per week, called cert petitions, must carefully select the cases that they want to spend their time and effort on (Savage 981). If they didn’t select them carefully, the nine justices would quickly be overrun, so they have put in place a program to weed through the court cases to pick out the small number they will discuss. There are a few criteria that are used to judge whether or not a case will be tried. The first is whether or not the lower courts decided the case based on another one of the Supreme Court’s decisions for they will investigate these in order to withhold or draw back their conclusion that they made in their court case. Another is the case’s party alignment: sometimes the justices will pick cases that will align with their party beliefs, like trying to get a death row inmate off of his death sentence. They also make claims about the “life” of the case- the Supreme Court only hears “live” cases- they do not try to go back in time and re-mark a case that has long since been decided (Savage 981). Lastly, they like to take cases where the lower courts did not decide with one another -these cases can have t o do with interpretations of the law that have been left up to the lower courts and should be specifically defined by the Supreme Court (Savage 982).
The court case came up because of segregation. Black and white people were not allowed to mix in public areas. So when children of both races went to school together, the races were separated. This was brought before the court system because people thought that it violated the black children's 14th amendment rights. The court ruled in favor of the children, unanimously deciding that separating black and white children in classes was indeed a violation of their 14th amendment rights. This was important because it appeared that the courts were starting to lose their ignorance, and were starting to recognize African Americans as American citizens, while at the same time making black and white people more equal(Brown v. Board of
Many challenges had to be faced during the Civil Rights movement of the 1950’s; one of those challenges being the case of Brown v. Board of Education, which tested the ruling in the case of Plessy v. Ferguson back in the year 1896 proclaiming segregation to be constitutional as long as it was “separate but equal”. In this particular case, Thurgood Marshall claimed that forcing African Americans to used separate education facilities was violating the 14th Amendment which gave the right of equality to all citizens under the law of the United States.
The particular issue was whether a black girl, Linda Brown could attend a local, all-white school. Linda had to walk over twenty blocks to get to her school in Topeka even though there was a local school just down the road. Linda's class at her school in Topekawas big, the classrooms were shabby and their were not enough books for each child. The all-white school down her road was much better off, better education with a lot better teaching materials. The poor quality education and environment at Linda's school was because the Topeka Board of Education spent much more money on the white school than on Linda's school for blacks.
The Supreme Court has the highest ruling of all the courts in the land. They by law determine the meaning of the constitution, can create courts inferior to themselves, and serve as an appellate court. I will discuss how they gained their power, things they do to decide on court cases they will review, and how the review process works.
The Supreme Court sits at the top of the federal court system. The Supreme Court is the “court of last resort” for cases coming from both the state and the federal courts. American government has very well organized the policies of supreme courts. The rules and regulations that govern Supreme Court are different and get influenced by various factors.