The Establishment Clause

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

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

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.

The Equal Protection Clause derives from the Fourteenth Amendment, which specifies “no state shall deny to any person within its jurisdiction the equal protection of the laws…” As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the strict scrutiny has been applied to the cases, in which a fundamental constitutional rights have been infringed or a government action applies to a suspect classification (i.e. race, religion, national background). Specifically, in regards to Bakke v. Regents of University of California, the Supreme Court (“the Court”) concluded that, considering that the University of California, Davis received several Caucasian applicants for its special admission program in 1973 and 1974 and that none of the applicants received the admission to the program since the start, the program unfairly administered in favor of minority races and, therefore, violated the rights of the white applicants under the Equal Protection Clause of the Fourteenth Amendment. Furthermore, from Hopwood v. State of Texas, the Fifth Circuit Court ruled under strict scrutiny that, the affirmative action imposed by the University of Texas School of Law (“the law school”) violates the Fourteenth Amendment since neither the law school nor the University of Texas system has proved a proof of

Furthermore, there was a young girl named Linda Brown who attended a school very far away from her house. On the other hand, there is a school not to far from her ,but it’s an all white school. So Linda Brown and her family took it to court saying that blacks not being able to go to any school is a violation of the 14th amendment. The lower courts shut them down so they appealed the case to the Supreme Court. The dissenting opinion was "We conclude that the doctrine of 'separate but equal ' has no place. Separate educational facilities are inherently unequal." —Chief Justice Earl Warren. This was the precedent that was established and the final decision.The majority opinion was “The "separate but equal" doctrine adopted in Plessy v. Ferguson has no place in the field of public education.(Find Law)”.Which means that they are saying that since the last case happened on a rail car and not public education it shouldn’t have

The reasoning behind the court case Brown v. the Board of Education was that separate education was basically unequal. It played a very important part in desegregating schools. The Fourteenth Amendment states that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall state deprive any person of life, liberty, or property.” This amendment states

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).

In the First Amendment it states, “Congress shall make no law respecting an establishment of religion.” This is known as the Establishment Clause, and it has been a controversial topic of many Supreme Court cases throughout America’s history. There are three different methods of constitutional interpretation--textualism, intentionalism, and pragmatism—that have shaped the Supreme Court’s rulings on the Establishment Clause. The Establishment Clause is usually interpreted in two different ways: “The Establishment Clause prohibits government actions—federal, state, or local—that promote religion,” and that “The Establishment Clause prohibits the establishment of a national religion.” There is a common metaphor that accompanies the Establishment Clause know as the “wall of separation.” The Establishment Clause has this “wall” in order to keep the church and state separate. This is a reoccurring theme I have seen develop throughout various court cases. I studied four different cases that made it to the Supreme Court: Everson vs. Board of Education, Lynch vs. Donnelly, Lee vs. Weisman, and Santa Fe Independent School District vs. Jane Doe. During the brief period of me studying these four cases involving the Establishment Clause, I have inferred that pragmatism has indicated the utmost dominance in shaping the Supreme Court’s rulings on the Establishment Clause.

In the 1950s in Topeka, Kansas Linda Brown, a young African-American girl, had to walk many blocks and by a railroad track just to receive an education. With an all-white school located near her home, because of her race, her family had to walk the extra miles compared to her white neighbors. When her father, Oliver Brown, tried to enroll her in the local school, Linda was refused admission because she was African-American. The Brown v. Board of Education was a justified Supreme Court case because every person has the right to an education and the color of one’s skin should not prevent that, it provided safety and convenience for people, it was an advancement to a more diversified and unified United States, and it overrode another Supreme Court case. Not only did the Brown v. Board of Education case attain to what is on the 14th amendment, it plays a factor in initiating the

Through the monumental court case “Plessy v. Ferguson” of 1896 initiated the establishment of the fourteenth amendment which upheld state racial segregation laws for public facilities under the doctrine of “separate but equal.” However this doctrine did not stand for long thus, “on May 31, 1955, Warren read the Court's unanimous decision, instructing the states to begin desegregation plans “with all deliberate speed. ”(Documents) Without the document having the ability to be tweaked, life for black people in America would be even worse than it already

In the state of Pennsylvania and Rhode Island both states had established a law that allowed the local government to fund educational programs that were religious based. The law was passed in 1968 through the Nonpublic Elementary and Secondary Education Act. Alton Lemon, an instructor, did not agree with the law that had been passed. He believed that is violated the First Amendment. (The First Amendment to the United States Constitution prohibits the making of any law respecting an establishment of religion...)

Board of Education of Topeka, Kansas was a case that also involved discrimination and inequality. It was decided by the U.S. Supreme Court in May, 1954. This case focuses on the segregation of white and black children in public education. In this case Brown argues that segregation based on race, violates the Constitution because in public schools’ African American children were denied equal rights. White children were considered inferior to the black children. The Supreme Court decided that segregated public schools provided unequal schooling for students, and that school segregation was therefore unconstitutional. The “Separate but Equal” law continued to open wider gaps between blacks and whites. Blacks used separate water fountains, restrooms, hospitals, etc. All Public facilities were segregated. Restrictions were also placed on voting rights for blacks. They were granted the right to vote earlier in the 15th Amendment but it was limited by asking for literacy tests, and the redrawing of lines by southern state legislators. A racist ideology was still implanted in the minds of many; blacks were still inferior to the white color. Another attempt to freedom was the opening of the National Association for the advancement for colored people (NAACP). The goal of this organization was to end public segregation and regain the right to vote. The case Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), also influenced the

In order to understand the Lemon Test, it is first important to understand what the Establishment Clause is. According to the Cornell University Law School, Legal Information Institute, the Establishment Clause is as follows, “The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion”. Meaning, that a government run educational institution, is by law required to have a separation of church and state in the a school environment. This includes, but is not limited to: school prayer, moments of silence, bible study, the Pledge of Allegiance, religiously based holiday parties, scientific materials studied, etc (Imber, et. All).

Looking at this example as one complete lesson, where one cannot be completed without the other, I would have to conclude that this lesson could very well violate the Establishment Clause. However, if these lessons are separate then I believe a case could be made that the first lesson does not violate the Establishment Cause while the second lesson may or may not, depending on the court’s perspective.