Nicholas Tovar
Mrs. Holt
Legal Systems
02 October 2017
Unit 1 Essay: Plessy v. Ferguson & Brown v. Board of Education The landmark power known as judicial review has had many lasting effects on laws known as precedents, from permitting the separation of two races to requiring that all defendants receive attorneys. Precedents regard racial segregation are the basis of what the cases Plessy v. Ferguson and Brown v. Board of Education established when viewed as two components of one story. Plessy v. Ferguson resulted in the “separate, but equal” doctrine allowing African Americans and white Americans to stay separate. Brown v.
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Board of Education, resulted in the overturning of the “separate, but equal” doctrine under the realization that separation is what took away the equality. In the early 1950s, schools in Topeka, Kansas segregated people by race, leaving Linda Brown and her sister to walk through a hazardous railroad switchyard to get to the bus stop for their school. There was a school closer to where they lived, however, it was an all white school. Linda and her family saw the segregation systems as a violation of the Fourteenth Amendment and took it to court. Federal district courts claimed the segregation was harmful to African American youths, however due to the similar qualities the all-black and all-white schools shared, it was deemed fully constitutional under the “separate, but equal” doctrine. The case was taken to the Supreme Court and the court expressed that even though the schools shared similar facilities, segregated schools could never be equal. As such, the “separate, but equal” doctrine was overruled as it violated the Equal Protection Clause of the Fourteenth Amendment. This decision resulted in the precedent that any laws that segregated people, no matter how similar their facilities may be, was unconstitutional.(Paraphrased from www.streetlaw.org) One way the two cases are linked is through their subject matter; that being segregation and racial discrimination. An article written by Alex
Picture this: a world with no color. Would racism still exist? Or would people be discriminated based on other things such as height, weight, or the sound of their voice? We may never know the answer to these questions. Racism is still alive in the United States, but it is not as severe and oppressive as it was during the era of the Jim Crow laws. The 13th amendment freed the slaves in the United States, however, not many white Americans agreed with this. The 13th amendment did not shield the African Americans from oppression, “The segregation and disenfranchisement laws known as ‘Jim Crow’
The Supreme Court has significant impact on molding the society of the United States, so does it play an important role in the process of the realization of equal protection on the right to education. From Plessy to Brown, every case that had milestone meaning indicated the evolution on the equal protection of the right to education, and also marked the progress of American civilization. However, there are different points between Plessy and Brown. Brown v. Board of Education was educational case of black race, but Plessy v. Ferguson is not it; the result of Plessy is isolation but equal, the Brown show us that
The second element of the ruling - the effect it had on African-American supporters and the encouragement if afforded - had a greater impact. Paterson and Willoughby say the 'psychological need for integration6’ had been recognised, what Patterson calls ‘the symbolic value of Brown’7. All three historians agree that African-Americans needed some success to motivate the continued struggle, and this Brown provided. Patterson says activists were ‘extraordinarily heartened by Brown’8. Kevern Verney talks of a ‘renewed hope’9 given to African-Americans. They were similarly helped by Browder v. Gayle in 1956, which ruled the bus segregation in Montgomery unconstitutional, and Boyton v. Virginia in 1960, which extended this ruling to waiting rooms and restaurants. According to Willoughby and Paterson, the ‘clear-cut decision’ came ‘in the knick-of time'10 for the protest movement, which might not have succeeded without the ruling by the court. Even here, however, the court was unable to enforce the actions. One observer recalled a ‘bus station ... still rigorously segregated’11, in 1966. These examples show the Supreme Court as advancing the Civil Rights by passing favourable and motivating rulings, but it certainly fell short when it came to enforcing them. Taking everything into account, the Supreme Court was a force for change, but not without fault, in the later 20th century.
The five reports of school segregation separately went to local courts with no avail. The cases then appealed to the Supreme Court, where they were pooled under the title “Brown v. Board of Education of Topeka, Kansas”. (Good, 31, 32) (Davidson et al. 850)
Everyone has the right to be equal with one another, right? Well not In the two cases, "Plessy V. Ferguson" and "Brown v. Board of Education", they show that we are not equal, but how we can fix these issues. These cases show that we are getting closer to complete equality.
The Supreme Court case Plessy v. Ferguson is known for having established the precedent of “separate but equal.” The case originated in Louisiana and was specifically made to the separate passenger cars that were for the black and white races. The Supreme Court, in this case, upheld the right of Louisiana to separate the races and “this decision provided the legal foundation to justify many other actions by state and local governments to socially separate blacks and whites” (Zimmerman, 1997). It was not until the famous Brown v. Board of Education case in 1954 that the highest court in the land outlawed the principal of segregation and the concept of “separate but equal.”
In 1951 schools were separated by skin color, or segregated. The Brown v. Board of Education trial was brought to court because a third-grader, Linda Brown, was not allowed to attend the elementary school that was closest to her house. She wa required to take the bus to school across town instead. In the trial the point that “Education for Negroes is almost nonexistent(13).” This is an example of how there were old problems in the Fourteenth Amendment that needed to be changed. Another issue that was brought up in the trial was that, “Segregation… has a tendency to retard the educational and mental development of negro children…(19).” Without the proper education at segregated
These cases all involve discrimination, disrespect, and judgment: Plessy v. Ferguson, Brown v. Board of Education, and Loving v. Virginia. We all are different in different ways and we all don't look alike but that shouldn't change how we see each other as people . Being colored or being white doesn't mean anything it's just the skin that God gave you. It doesn't tell you who you are or who you have to be. It's up to you how you act and treat others. “We may have all come on different ships, but we’re in the same boat now.” —Martin Luther King, Jr. Martin Luther King Jr. one of the worlds biggest most known activist helped change our ways from what they were to what they are right now. He helped show that it's ok to be different and in the end all come together as one.
The Plessy V. Ferguson and Brown V. Board of Education are two cases that changed the way that we live today in a quite dramatic way. The Plessy V. Ferguson was a case that promoted segregation. The majority voted for segregation and the minorities opposed the idea and the key precedent that was established after this case was that the U.S. Supreme Court didn't base their trial off of the constitution and instead based their trial upon the statement 'separate but equal'. The Brown V. Board of Education case was a case that completely opposed the idea of 'separate but equal' because the whole case revolved around the fact that a mother wanted her children to go to a school that was easier to get to however it was a school that was only for white children so the mother decided to take the case to court and the majority voted on letting the African American students attend white schools and the minorities voted otherwise. The key precedent that was established after this case was that segregation in schools violates the 14th amendment and it should not be permitted by the U.S. Supreme Court. These two cases were important for the transformation for the America we have today, and they influenced America's thought process and actions significantly.
Brown v. Board of Education was a landmark case that was decided by the Supreme Court of America in 1954. It is a case that is believed to have brought to an end decades of increasing racial segregation that was experienced in America’s public schools. The landmark decision of this case was resolved from six separate cases that originated from four states. The Supreme Court is believed to have preferred rearguments in the case because of its preference for presentation of briefs. The briefs were to be heard from both sides of the case, with the focus being on five fundamental questions. The questions focused on the attorneys’ opinions about whether Congress viewed segregation in public schools when it ratified the 14th amendment (Benoit, 2013). Changes were then made to the Fourteenth Amendment’s Equal Protection Clause.
Assassinations, riots, and boycotting all led up to the society we have today. Whites and blacks were not allowed to be friends, class mates or even be around each other. They had separate things which listed whites only and blacks only. This included schools, railroad cars, and busses.Two key cases are Plessy v.s. Ferguson and Brown v.s. Board of Education. The majority and minority’s decisions for these two cases set precedent that will effect everyone in America. These landmark cases are closely related because they helped provide the true intent of the 13th and 14th amendment. In addition, Plessy v.s. Ferguson and Brown v.s. Board of Education effectively help revolutionize the interpretation of the 13th and 14th amendment.
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
The landmark Supreme Court cases of Dred Scott v. Sandford, Plessy v. Ferguson, and Brown v. Board of Education of Topeka, Kansas have had a tremendous effect on the struggle for equal rights in America. These marker cases have set the precedent for cases dealing with the issue of civil equality for the last 150 years.
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.
“Laundry is the only thing that should be separated by color”(Racism Quotes). The Supreme Court cases Plessy V. Ferguson and Brown V. Board of Education are two landmark cases that changed the course of America history. In the court case of Plessy V. Ferguson Homer Plessy broke the Louisiana Law by sitting in the Coaches instead of in the designated area for the African Americans(Supreme Court Plessy V. Ferguson). Plessy felt that this situation violated his Thirteenth or Fourteenth Amendment.Then in Brown V. Board of Education Oliver Brown took the fact that schools were being segregated to the courts because Brown felt that this violated the fourteenth Amendment. The Thirteenth Amendment before we go any further is that slavery or being owned by someone with more power then you was illegal if it was involuntary. Everyone has the same rights