Brown V. Board of Education

Brown v. the Board of Education was a case that helped shaped America’s education system into what it is today. ‘Separate but equal’ is phrase well attributed to the civil rights movement in all aspects of life: water fountains, movie theaters, restaurants, bathrooms, schools, and much more. This phrase was coined legal in Plessy v. Ferguson in 1896. Plessy v. Ferguson said that racial segregation of public facilities was legal so long as they were ‘equal.’ Before this even, Black Codes, passed in 1865 under President Johnson legalized the segregation of public facilities including schools. In 1868, the Fourteenth Amendment was ratified guaranteeing all citizens equal protection under the law. Still, though, blacks were not given equal opportunities when it came to voting, schooling and many other inherent rights. 1875 brought the Civil Rights Act that prohibited the discrimination in places of public accommodation. These places of public accommodation did not seem to include educational facilities. Jim Crow Laws become widespread in 1887, legalizing racial separation. These downfalls were paused by development of the Nation Association for the Advancement of Colored People that was founded in 1909. This association began to fight the discriminatory policies plaguing the country, especially in the southern areas. Finally Brown v. the Board of Education fought these decisions, stating that ‘separate but equal’ and discrimination allowed by the latter decisions did not have a

When Confederate states wanted to join the Union after Civil war, they were required to undertake “Civil War” Amendments. The Thirteenth, Fourteenth and Fifteenth Amendments were developed, with each supporting equality within the states. However, these Amendments proved to be insufficient in the provision of equal rights to African American citizens (Medley,2003). In the late 19th Century, laws limiting civil rights of the Blacks swept through state legislatures. Segregation then became a requirement in both Southern and Northern states.

The intellectual roots of Plessy v. Ferguson, the landmark United States Supreme Court decision upholding the constitutionality of racial segregation in 1896 under the doctrine of "separate but equal" were, in part, tied to the scientific racism of the era.[32][33] However, the popular support for the decision was more likely a result of the racist beliefs held by many whites at the time.[34] In deciding Brown v. Board of Education, the Supreme Court rejected the ideas of scientific racists about the need for segregation, especially in schools. The Court buttressed its holding by citing (in footnote 11) social science research about the harms to black children caused by segregated schools.

Protection Clause of the Fourteenth Amendment which made segregation illegal. Eventually, the Supreme Court came to the conclusion that separate public facilities were “inherently unequal” (McBride 1). Brown vs. Board challenged and signaled the end of Jim Crow and “separate but equal” clause.

shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of

Board of Education(1954) case were Linda Brown, Oliver Brown, Robert Carter, Harold Fatzer, Jack Greenberg, Thurgood Marshall, Frank D. Reeves, Charles Scott, and John Scott("Teaching with documents:," ). Linda lived not to far from a local African American school, but her father had other plans for her and wanted her to go to an all white school so that she could obtain a better education. She was denied the opportunity, so her father teamed up with the National Association for the Advancement of Colored People(NAACP). The 14th Amendment was violated when she was denied the right to go to the all white school(Collins). The 14th Amendment says that a states have to give citizen equal protection under all circumstances. Brown v. Board of Education was not immediately ruled. This case ruling was deliberately thought through and started the trend of desegregating schools years later. In the opinion they believed that segregating the white and black students was the right thing to do. Students would be “offended or intimidated” if they had peers of a different race. That was their way of saying that she should not be allowed to attend the all white school in her community. This case had no had no dissenting opinion. By the case beginning combined to other similar case it was brought to the Supreme Court. They overruled “separate but equal” because of the previous case Plessy v. Ferguson because it violate the 14th amendment("Brown v. Board," 2012).

The 13th Amendment says that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Formally abolishing slavery in the United States, the 13th Amendment was passed by the Congress on January 31, 1865, and ratified by the states on December 6, 1865. This amendment was unique and different from the other amendments which are the 14th and 15th. The 13th amendment abolished slavery, but the 14th was unique also because it overturned the Dred Scott decision, and it counted all citizens, including slaves, as citizens in the US. The 15th amendment gave African Americans the right to vote.

Plessey vs Ferguson- Decision by the US Supreme Court that confirmed the principle of “separate but equal” and minority segregation.

The school that she wanted to go to was only five blocks away (Infoplease). The school board of Topeka instead assigned her to a school that was almost twenty-one blocks away. The Board of Topeka segregated their elementary schools based on the skin color of a person. When the parents of Linda Brown discovered that she was rejected from going to a school that was segregated, they filed a law suit to the Supreme Court (Infoplease).

The case Brown v. Board of Ed originated from African Americans desiring to be enrolled into the white public schools in their area. Schools were segregated under the separate but equal doctrine established in the court case Plessy v. Ferguson. The African Americans felt that their schools were not equal and that they were deprived of the protection of their fourteenth amendment that states “All persons born or naturalized in the

Topeka, Kansas, 1950, a young African-American girl named Linda Brown had to walk a mile to get to her school, crossing a railroad switchyard. She lived seven blocks from an all white school. Linda’s father, Oliver, tried to enroll her into the all white school. The school denied her because of the color of her skin. Segregation was widespread throughout our nation. Blacks believed that the “separate but equal” saying was false. They felt that whites had more educational opportunities. Mr. Brown, along with the NAACP and many civic leaders, fought for equal educational rights for all races. Brown v. The Board of Education case and the events leading up to it had a positive effect on education and society.

The case of Plessy v. Ferguson was a major court case that lead to discrimination against blacks even during the period of "equality." Homer Plessy was 7/8 white and decided to sit in the white section of the train. Immediately, the conductor challenged him and Plessy was arrested and charged with breaking the law made by the state. Embarrassed and offended, Plessy took the case to court and the Supreme Court ruled against Plessy with the verdict of "separate but equal" (Plessy v. Ferguson). However, "Separate" was the only thing many whites heard after this verdict, the situations were nothing to "but equal". White people showed an

In the case of Plessy v. Ferguson, Homer Plessy was arrested for refusing to sit in a Jim Crow car. In this case, the Due Process Clause was addressed when the “separate but equal” doctrine was introduced. Because the “separate but equal” doctrine upheld the constitutionality of segregation, the Supreme Court ruled that the Fourteenth Amendment was not violated. In addition, the Due Process Clause also enforced equality of the two races. As well as the Due Process Clause, the Equal Protection Clause was addressed in this case because “states could not deprive any person of the Equal Protection Clause”(wikipedia). In Plessy’s arguments, he stated that segregated facilities violate the Equal Protection Clause, and because of what the Equal Protection Clause states,

?No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.??Amendment XIV to U.S. Constitution

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (14th Amendment)