The Brown Decision : A Catalyst For Change Or A Strategic Misstep?

In Brown v FCT (2002) ATC 4273, Mr John Joseph Brown appealed the decision of Brown v FCT (2001) ATC 4294, in which Judge Emmett J of the Full Federal Court, dismissed Brown’s application for appeal to the objection decision of Brown 's amended assessment of income tax for the year ended 30 June 1991 by the Commissioner of Taxation (Brown v FC of T, 2002; Krever, 2014).

The emancipation proclamation was what seemed like the beginning of freedom for African Americans. African Americans fought hard and valiantly in the American Civil war and with the Unions win freedom and peace for blacks seemed to be assured. As most people would quote," Freedom isn 't free." It almost always has a cost. Africans Americans since the origin of this country have literally laid down their lives for the cost of freedom and opportunity in the US. One of the most coveted freedom 's both past and present is the right to suffrage. My paper discusses the many factors leading to and the trials and tribulations involving black 's right to vote. In this paper, I will discuss the constitutional amendments as well as the landmark supreme court cases that affected both the lives and voting rights of African Americans during the time period of 1865 through 1900.

The U.S is known for its liberty and equality. However, the Supreme Court once had to decide on the rights for African Americans. Since the abolishment of slavery, one court case before the Supreme Court sided against the African American plaintiff fighting for equal rights. In this case the plaintiff, Homer Plessy was arguing his right to ride in a "white only" train car. Unfortunately, he lost his case in Plessy vs Ferguson. Decades later, another plaintiff, Oliver Brown, also took a case before the Supreme Court. Conversely, in this case, the Supreme Court sided with the plaintiff in Brown vs Board of Education. This decision began the integration of schools. Despite the fact that these two cases took place almost 60 years apart, they both dealt with a similar issue.

When Dred Scott v. Sandford was decided in 1857, it made an enormous impact on the United States. It riled up both pro- and anti-slavery Americans. It angered many Americans in an extreme example of judicial activism. Some say it made the Civil War inevitable. By the time the dust had settled and the 13th and 14th Amendments reversed the Court’s decision, Dred Scott could be considered one of the worst Supreme Court decisions of all time. And yet, although the case was egregiously wrong, it still can be considered a “great case”.

The spoils of hegemony spread through the American landscape in those ebullient years following World War II. The perks of empire-building abroad translated into an uninterrupted period of economic growth and labor reforms that re-calibrated the national consciousness and allowed, for the first time, the emergence of a middle class with sufficient autonomy and self-awareness to exert political influence and correct the power imbalance that had characterized the first decades of the 20th century. This social Renaissance, however, had been distributed unevenly along racial lines, and no government of the time sought to redress the disparity between white economic advancement and the stagnant conditions imposed on social minorities, ossified as they were by decades of systematic subjugation before society and before the law. Discontent seethed beneath black communities, who felt increasingly isolated -and persecuted- by the same social institutions who had demanded so high a sacrifice during the second World War, a sacrifice summoned and re-visited by the looming threat of a war with Vietnam. The landmark Brown vs. Board of Education was seen by many as a hollow victory, given the lethargic response of the Eisenhower administration to enforce the legislation, particularly in the Southern states where racial tensions, unaddressed by the larger cultural zeitgeist, had metamorphosed into open hostility and palpable contempt. An American president would not align himself with the

The Dynamic Court view’s claim that a major contribution of the courts in civil rights was to give the issue clarity, press political elites to act, poke the consciences of whites, legitimate the grievances of blacks, and fire blacks up to act is not demonstrated. In all the places examined, where evidence supportive of the claim should exist, it does not. The concerns of clear acknowledgement, time, and increased press coverage all cut against the theory.

Brown v. Board of Education (Brown I) was an important Supreme Court ruling during the Civil Rights Era that ruled that laws of segregation in schools to be unconstitutional; a second Brown v. Board of Education (Brown II) ruled that public schools, and by extension colleges, must be integrated. These two cases are most often grouped together as a conglomerate case. Brown v. Board was actually made up of four other rulings which spurred it to go on to the Supreme Court. Prior to this case, black and white students were separated, and they attended ‘separate, but equal facilities’ in the Jim Crow South and throughout the United States. These facilities were not only inferior to those that white Americans were privy to, but these places - ranging from schools to public restrooms - were often inconvenient and outdated. After Brown v. Board was passed, it still took many years for desegregation to occur, but because of the efforts of civil rights activists at that time, public schools became

Throughout the semester we have touched upon many instances for which the legal history of America effects the life of a black America, especially in “We Shall Overcome” Alexander Tsesis takes on the task of looking at civil rights through the “lens of legal history’. “The Ballot or The Bullet” displays the political message that the ‘ballot’ is freedom, and thus power through the freedom to vote. Malcom X hounds in on the political idea that the white man preys on the black man for votes, but then allows filibustering to happen in the Senate so nothing gets passed to promote equality for black Americans. Alexander writes frequently through the book how skewed politics become for blacks once their vote is legalized. That although, they can

Social change comes from a societies understanding and acceptance of controversial topics, laws that enforce social norms and the politics that play a role in such change. The author Gerald Rosenberg of “The Hollow Hope” believes that the Supreme Court is able to bring about social change. Rosenburg main argument seemed to be questioning if a courts ruling that had once been accepted and had standing for several years were to be over turned, would the environment outside of the courtroom suddenly change and be accepting of their division.

Following the Civil War, the northern and western states turned to industrialization as immigrants began to take on jobs. However, the South remained mostly agricultural. The South experienced industrial and urban change before World War I, yet still lagged behind the rapid pace of growing cities in the United States. The white South continued to look to past when Congress admitted the ex-Confederate states back into the union and federal troops had withdrawn from the South. The white Southerners were able to freely pursue a system of race relations, which meant that blacks were segregated in most aspects of public life, denied the right to vote, and limited to working as landless farmers. Keith Weldon Medley’s essay discusses the Supreme Court’s

Distinctive within American history, the duration in which Earl Warren served as Chief Justice of the United States Supreme Court (1953 to 1969) witnessed a vigorous court fearless to challenge controversial issues. Changing the way Americans today perceive their relationship with their government, an activist court did much to expand the rights of the individual and the power of the federal government to enforce civil rights legislation. Not since then has the Supreme Court generated so much power in shaping American culture. And because of all what Earl Warren has done he is remembered as one of the most influential Supreme Court Justices in American history. Through all the cases during Earl Warren’s tenure I strongly believe that

Bowman”, a concerned citizen writes to Governor Almond suggesting that the Virginian government has racially devolved since the time of the Founding Fathers, since they wanted to end slavery and racism under the Constitution. The letter initially apologizes for previous insults to the Governor, which provides a more personalized approach to a government official: “I must apologize for the letter I wrote you…it was needlessly harsh and insulting.” Bowman (1959) is defining the racist views of the governor as a barrier to racial inequality in the mode of the Founding Father and by preserving the Constitution: “The issue isn’t to find a path which can technically evade the Constitution…Segregation, racial or class, is outmoded.” In this argument, Bowman (1959) defines the radical devolution of civil rights and liberties, which the Founding Fathers would have desired, yet Virginia has fallen into poor leadership under Governor Almond: “If we cannot find that leadership [of the Founding Fathers] in Virginia, we will have to yield to the federal government.” This letter defines a personalized primary document by a citizen that defines the historical problem of Governor’s Almond’s racist leadership, which goes contrary to the will of the Founding Fathers in terms of desegregation of the public

In the article, “BROWN V. BOARD: Where Are We Now?” by Gary Orfield, the author has written many points in order to support his argument that society should pursue the goal of desegregation in all public schools. So in order to make the analysis of his argument, some of the factors that would need to be checked are the evidence used like facts or examples, the reasoning, and the persuasive elements used. The author characterizes his argument with the usage of colloquial language, his argument was quite easily understood, and made his point more simplistic for readers to understand as well. Orfield creates a certain effect of making readers question whether they should support desegregation in all public schools, backing up the information with his evidence. Gary Orfield’s article “BROWN V. BOARD: Where Are We Now?” demonstrates his capability of developing an argument and backing it up with either evidence, reasoning, word choice, and persuasive elements.

One of the biggest problems Africans Americans faced in America is Segregation, discrimination, racism, prejudice, rebellion, religion, resistance, and protest. These problems have helped shape the Black struggle for justice. Their fight for justice marks a long sequence of events towards their freedom. Provisions of the Constitution affect the operation of government agencies and/or the latitude chief executives and legislatures in the creation and implementation of policies today. The rights and passage of Amendments granted to African Americans in the Constitution serve as a source of “first principles” governing the actions and policies of elected and appointed public servants across the United States. The 15th Amendment Equal Rights: Rights

The judicial branch, in its conception as outlined in Article III of the constitution was designated the “power to interpret the law, determine the constitutionality of the law, and apply it to individual cases (The White House)”. However, since the ratification of the constitution, much like the other two branches of government, the judicial branch has also experienced an expanded delegation of authority and power. This notion is evidenced in the 1803 decision on the case of Marbury v. Madison where the Supreme Court asserted its power of judicial review by ”blocking last-minute appointments by outgoing President John Adams (Chegg)” by declaring that these actions should not be permitted because the supreme court, under chief justice john Marshall declared them unconstitutional(Cornell). This set forth a very powerful precedent for judicial review, one that continues to play a critical role in political discourse today. Although the evolution of the judiciary commenced following the fallout of the 1803 decision, the courts have delegated to themselves a controversial role as policy-makers in response to societal demands and stresses placed upon the political system specifically during and after the civil rights movement that occurred in the United States during the 20th century. This expanded role into the realm of actual policy making is derived from the belief that the constitution is indeed a living and flexible document that must retain the capability for change. As the