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Brown vs board of education argument
Brown vs board of education argument
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I. "Our constitution is colorblind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.” – Justice John Harlan, in his dissenting opinion in the case Plessy v. Ferguson. (History of Brown v. Board of Education) The US Supreme Court has evolved to promote new personal civil rights for African-Americans, ultimately creating a more racially equal society.
II. The first way that the Supreme Court has promoted personal civil rights is its decisions relating to school segregation.
a. Under Chief Justice Earl Warren, the Supreme Court consistently upheld the rights of African-American students who faced discrimination when pursuing their education.
i. In 1950, the Court ruled that universities could not force black students to eat meals separately from white students in McLaurin v. Oklahoma Board of Regents. (History of Brown v. Board of Education) ii. In 1954, the Court unanimously ruled that school segregation was unconstitutional in the landmark case Brown v. Board of Education. (History of Brown v. Board of Education) iii. The Brown decision reversed the “separate but equal” doctrine set forth in a previous 1896 decision, Plessy v. Ferguson. (Law and African Americans: After the Civil War)
b. After the Brown decision, a policy emerged in the South known as “massive resistance”, its sole purpose being to delay or reverse school desegregation. (Massive Resistance)
i. Led by Virginia Senator Harry Byrd, the massive resistance movement espoused the “Southern Manifesto”, which, in part, insinuated that states had the right to segregate schools. (Massive Resistance) ii. In 1958, Byrd called for Virginia schools to be closed rather than integrated. (Massive Resistance)
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...s and Native North Americans. Detroit: UXL, 2003. Student Resources in Context. Web. 24 Nov, 2013.
“Loving Decision: 40 Years of Interracial Unions.” Npr.org. Np, 11 June 2007. Web. 3 Dec. 2013.
"Massive Resistance." Vahistorical.org. N.p., n.d. Web. 03 Dec. 2013
"Richard Perry LOVING Et Ux., Appellants, v. COMMONWEALTH OF VIRGINIA." Cornell.edu. N.p., n.d. Web. 03 Dec. 2013
“Segregation and Desegregation.” Supreme Court Drama: Cases that Changed American Equal Protection and Civil Rights (Part 2). Detroit: UXL, 2011. Student Resources in Context. Web. 24 Nov. 2013
“Supreme Court Upholds Affirmative Action Program, June 27, 1979.” DISCovering U.S. History. Detroit: Gale, 1997. Student Resources in Context. Web. 5 Dec, 2013
“The Supreme Court and Civil Rights.” The Leadership Conference on Civil and Human Rights. Np, nd. Web. 03 Dec 2013
In the 1954 court ruling of Brown v. Board of Education, the Supreme Court ruled that segregation of schools was unconstitutional and violated the Fourteenth Amendment (Justia, n.d.). During the discussion, the separate but equal ruling in 1896 from Plessy v. Ferguson was found to cause black students to feel inferior because white schools were the superior of the two. Furthermore, the ruling states that black students missed out on opportunities that could be provided under a system of desegregation (Justia, n.d.). So the process of classification and how to balance schools according to race began to take place.
The integration of Central High School although not successful on the first day was an important day in history. The entire country was watching. The hate that was pouring out of the mob towards the students was evident. Black reporters were being attacked, stones where being thrown and racial slurs were being shouted, all for the world to see. President Eisenhower noticed and became involved. He sent military in to protect these students and allow them to enter the
It is important, of course, to note that the Supreme Court was not able to immediately create and implement desegregation policy, because the Court does face constraints in the area of local implementation. However, the Brown decision was crucial for the success of the desegregation movement, because it supported the Civil Rights Act and provided a precedent for later decisions like Green that would help to implement the ruling at the district level. The courts were thus able to make decisions in this policy area that profoundly shaped the way that civil rights policy developed in the United States, as the courts were enabled to create successful policy in the area of school desegregation because of the combined influence of federal court
Milton Galamison, a local black leader, was an educated reverend that believed integration was the key to equality. He successfully convinced the Board of Education to institute the “Open Enrollment” plan in 1960. Under this policy, black students in over crowded institutions would have an opportunity to attend under utilized white schools. Three years later, because of the plans ineffectiveness, the “Free Choice Transfer” plan was initiated, allowing for an increased amount of school choices and the remapping of districts. Again, these attempts were futile, causing the black community to explore alternate options. The white groups’ resistance to integration was the reason for subsequent political action to ensure its demise. All across the country, the words of Martin Luther King and the successful integrations of southern colleges were the examples that guided the actions of local civil rights movements. During King’s “I have a dream” speech, he said, “the Negro dream is rooted in the American dream.
In 1896 the Plessy v. Ferguson case made the segregation of blacks and whites legal; and the Supreme Court made the Jim Crow laws legal saying that blacks are “separate but equal.” African Americans knew that was unfair and could especially
At the time of the African-American Civil Rights movement, segregation was abundant in all aspects of life. Separation, it seemed, was the new motto for all of America. But change was coming. In order to create a nation of true equality, segregation had to be eradicated throughout all of America. Although most people tend to think that it was only well-known, and popular figureheads such as Martin Luther King Junior or Rosa Parks, who were the sole launchers of the African-American Civil Rights movement, it is the rights and responsibilities involved in the 1954 Brown v. Board of Education decision which have most greatly impacted the world we live in today, based upon how desegregation and busing plans have affected our public school systems and way of life, as well as the lives of countless African-Americans around America. The Brown v. Board of Education decision offered African-Americans a path away from common stereotypes and racism, by empowering many of the people of the United States to take action against conformity and discrimination throughout the movement.
Also, although Little Rock was seen as a success, as the President was behind the blacks, after the incident was over, Governor Faubus closed all schools in Little Rock until 1959 as he would prefer there to be no schools than desegregated schools. This shows that there was always a way for the whites to get around desegregation without much attention being paid to it.
Board of Education in the states occurred of different times. In the border states, desegregated of schools took place easily. Although most whites in the border states opposed desegregating schools, they did not resent it intensely. In these states politicians recognized Brown’s decision, as well as news-papers, religious organization, labor unions, and teachers’ associations. Blacks had political power, money to bring desegregation lawsuits, and branches of the NAACP were strong. In these states Brown supplies public official with the necessary push to do what they would not have done regularly, but not resist
The National Center For Public Research. “Brown v Board of Education, 347 U.S. 483 (1954) (USSC+).” Supreme Court of The United States. 1982 .
Declared in the U.S. Constitution every American or should it be person, is guaranteed civil rights. Civil rights did not just consist of “freedom of speech and assembly,” but as well as “the right to vote, the right to equal protection under the law, and procedural guarantees in criminal and civil rights,” (Dawood). It was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens. “Rights were eventually applied against actions of the state governments in a series of cases decide by the Supreme Court,” Dawood stated. In previous years (1790-1803), the Supreme Court had little say in decisions being made by government. As time went on the Supreme Court took on more responsibility and started making additional decisions, which in time helped minorities gain their civil rights. It took a couple of years, as a matter of fact till the 1900’s for the Supreme Court to get out of the “ideology of white supremacy and the practice of racism,” (Smith). Though the decisions of the Supreme Court were not all that appreciated in the beginning, following the 20th century the court really facilitated in the advancements of civil rights.
In the early 1950's, racial segregation was widely accepted across the nation. It was believed that this would create a better learning atmosphere for white students. Although all school districts across cities and states were supposed to be equal, facilities, teachers, and school conditions were far superior in white schools than black schools. This system was feebly challenged until 1951. In Topeka, Kansas, Oliver Brown attempted to enroll his third-grade daughter to an all white school. Oliver's daughter had to walk more than a mile to her all black school, while the white school was merely seven blocks from their home. Although denied enrollment, Brown appealed all the way to the Supreme Court. In the precedent-setting trial of Brown vs. the Board of Education, Chief Justice Earl Warren declared that the Supreme Court had ruled in favor of Oliver Brown -- no longer would segregation be permitted.
African Americans are still facing segregation today that was thought to have ended many years ago. Brown v. Board of Education declared the decision of having separate schools for black and white students to be unconstitutional. As Brown v. Board of Education launches its case, we see how it sets the infrastructure to end racial segregation in all public spaces. Today, Brown v. Board of Education has made changes to our educational system and democracy, but hasn’t succeeded to end racial segregation due to the cases still being seen today. Brown v. Board of Education to this day remains one of the most important cases that African Americans have brought to the surface for the good of the United States. Brown v. Board of Education didn’t just focus on children and education, it also focused on how important equality is even when society claimed that African Americans were treated equal, when they weren’t. This was the case that opened the eyes of many American’s to notice that the separate but equal strategy was in fact unlawful.
Brown v. Board of the Education in 1954 was a landmark decision in the education arena. The decision maintained that schools that separated students by the color of their skin could no longer be maintained. The court saw this as necessary, since in their mind schools for black students would always be inferior. This inferiority would not be caused by lack of resources, although that usually was a contributing factor to the poor quality of the school, physically and performance-wise. As the Supreme Court saw it, s...
In 1954, the Supreme Court ruled in the case of the Brown v. the Board of Education. This was a very historical moment because their ruling eliminated, the "separate but equal " doctrine. Their ruling called for school integration, although most school were very slow in complying if they complied at all. The NAACP, National Association for the Advancement of Color People, viewed this ruling as a success. The schools lack of the obedience toward this ruling, made it necessary for black activism to make the federal government implement the ruling, and possibly help close the racial gap that existed in places other than public schools. During one of the boycotts for equality, a leader emerged that would never be forgotten. Dr. Martin Luther King, who was leader of the Montgomery bus boycott, quickly became the spokesperson for racial equality. He believed that the civil rights movement would have more success if the black people would use non violent tactics. Some say he was adopting the style of Ghandi. The Southern Christian Leadership Conference, SCLC, was formed by King and other activist in 1957. They were a group of black ministers and activist who agreed to try and possibly help others see the effects of a non violent movement. Also following the strategies set by the SCLC, a group known as the SNCC or the Student Non-Violent Coordinating Committee, began a string of sit-in and campaigns as the black population continued it's fight for equality. It was the undying efforts of the two groups that paved the way for the march on Washington. This march which drew a crowd of at least 200,000, was the place that Dr. King, gave his famous "dream speech." Both the SNCC, and the SCLC were victims of lots of threats and attempted attacks, yet they continued to pursue freedom in a non violent fashion. However near the late 60's they had another problem on their hands. There was a group of activist known as the Black Panthers who were not so eager to adopt the non-violent rule. The believed that the civil rights movement pushed by Dr. King and is non-violent campaign, which was meant to give blacks the right to vote and eliminate segregation, was not solving problems faced in poor black communities. This Black Panther group, stabled the term "black power", which was used a sort of uplifting for the black self esteem.
The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supreme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s...