Essay on Legal Writing Graded Project 2 - Petitioner

1280 Words Feb 3rd, 2012 6 Pages
Brown v Board of Ed. Topeka Kansas (1954) by Alexes Mercado http://www.watson.org/~lisa/blackhistory/early-civilrights/brown.html The 14th Amendment states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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.
In the early 1950's, racial segregation in public schools was normal all across America. Although all the schools were
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Another main argument was that “separate but equal doctrine” was not effective because the accommodations for blacks’ educational institutions were far inferior to those of white. Expert witness, Dr. Hugh W. Speer testified as follows:
"...if the colored children are denied the experience in school of associating with white children, who represent 90 percent of our national society in which these colored children must live, then the colored child's curriculum is being greatly curtailed. The Topeka curriculum or any school curriculum cannot be equal under segregation."
The Board of Education's defense was that segregated schools simply prepared black children for the segregation they would face during adulthood. The Board further argued that segregated schools were not necessarily harmful to black children because many great African Americans, such as Booker T. Washington, and George Washington Carver had overcome more than just segregated schools to achieve what they achieved. They also added that even though the 14th Amendment did not specifically include a ban on segregated education, at the time it was enacted, there was no public education system in the country at the time. Therefore, they would argue that the 14th Amendment would naturally not have addressed

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