The Segregation Of Public Education

The 1954 court case, Brown vs. Board of Education of Topeka ruled that Linda Brown, a black student who was denied admission into her local elementary school on the basis of her race, was in fact a violation of the Fourteenth Amendment. A unanimous court decision broke the long tradition of de jure segregation riding on the justification of “separate but equal” facilities. It was Chief Justice Earl Warren’s ruling that finally shed light on the fact that “Separate Educational facilities [were] inherently unequal” and that it resulted in the “deprived protection of the laws guaranteed by the Fourteenth Amendment.”

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

However, those that favor judicial restraint on the other hand, and thus favor the status quo and the strict construction of the Constitution are conservatives and Republicans. Two landmark Supreme Court decisions that strictly interpreted the Constitution for its literal meaning were Dred Scott v. Sanford and Plessy v. Ferguson. In the Dred Scott case, the Supreme Court ruled that African Americans did not have the right to sue for their freedom, since they were seen strictly by the law as property and not even citizens of the United States. As well, in Plessy v. Ferguson the Court ruled that segregation of public schools was not unconstitutional, even though African Americans were still seen as equal citizens due to the 14th Amendment to the Constitution ("separate but equal"). However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed judicial activism and ruled racial segregation unconstitutional.

This essay will be on the Segregation in Modern American Schools, how it affects the students, why it occurs, and the strides need to integrate. I picked this topic because I came from a town that was predominantly white. Therefore my school was predominantly white as well. I have always wondered if coming from this type of school has hindered my ability to interact with people of a different race, culture, or background. I also thought of how my education would have been different if I had been taught at a more diverse school. I would have learned more about other types of people not only from my teachers, but from my peers. I have always been interested in this topic and I think it affects more people than we think. Of course, it affects the students, but it also affects the teacher and the mass public. Culturally segregated schools are hindering learning environments. Black teachers teach at black schools, White teachers teach at white schools, so on and so forth with every race. The public is affected; because the schools in their area are not divers meaning their community is not diverse. Diversity is a catalyst for growth in all people. School and education is a great place to start the

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 court case known as the Brown v. the Board of Education is notorious for the fight against educational segregation. The court case fought to show the people that “separate” cannot be “equal”. Things such as “The Doll Test and the Fourteenth Amendment” both reveal the truths about how exactly “seperate” cannot be “equal”.

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.

In an American case, Brown v. Board of Education(1954) and Plessy v. Ferguson(1896), judicial activism has been seen. In both cases, the main issue was race-based segregation. In Plessy v. Ferguson, racial segregation in public facilities was considered to be equal by the Supreme Court of America, whereas in a similar case called Brown v. Board of Education racial segregation of public schooling's was considered to be unequal. In Plessy v. Ferguson the Supreme Court ruled “ separate is equal” because blacks can be treated differently than whites but at the same time be treated equal because of the era that people were living in. The era differentiated the two separate rulings because the judges in Plessy’s case concluded that if they gave blacks the same rights as whites then it would create more problems between the two races, and that it is better for the society because if the Courts struck down the law the most of the white citizens would go against the governments and create more conflicts. Since times have changed and so has the society, the judges could not use the same precedent in the Brown’s case. Hence that, in Plessy v. Ferguson’s case the court ruled separate is equal and in Brown v. School Board of Education ruled separate is not equal because of society's differences. Therefore, the American Supreme Court judges used their own

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.

The Brown vs. Board of Education Doctrine states, “ We conclude in the field of Education the doctrine of “separate but equal” has no place separate educational facilities are inherently unequal. Therefore, we hold the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. THIS REQUIRED THE DESEGREGATION OF SCHOOLS ACROSS AMERICA.

In the 1954 trial Brown v. Board of Ed the supreme court majority agreed that “separate but equal” was shown to be inherently unequal. When several cases of African American students being denied acceptance into schools arrose, life in public schools changed forever. In a decision that supported by the fourteenth amendment, the U.S. supreme court ruled against the segregation of schools and allowed African Americans to attend white schools.

having children attend school based on the color of their skin was unconstitutional and it damaged children, especially African American children. The Court concluded that it was in violation of the Fourteenth Amendment to keep individuals separate based on the color of their skin. The decision in Brown was one of extreme importance and significance that could have represented a new start in the Supreme Court regarding civil rights cases.

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.

Separate educational facilities are inherently unequal… segregation in public education is a denial of the equal protection of the laws.” The Brown decision reversed the Plessy doctrine, and centuries of segregationist practice in America. Its seen as a transforming event and the birth of a political and social revolution. The Brown decision became the cornerstone of the social justice movement of the 1950s and 1960s. It finally brought the spirit of the 14th Amendment into

I 1954, the Courte unanimously agreed that “the doctrine of ‘separate but equal’ has no place in the nation’s public schools” was against the American constitution