Accountant

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)

The road to Brown v. Board of Education of Topeka (347 U.S. 74 (1954)), is littered with many Supreme Court cases that have battled for equality in education. The Fourteenth Amendment strengthened the legal rights of newly slaves and became the stomping ground for many Supreme Court decisions.

On May 17, 1954, the Brown v. Board of Education case, stated that segregation of public schools was a violation of the 14th Amendment and was therefore unconstitutional. More importantly, Earl Warren said, “the present was at issue, not the past. ”(The Court’s Decision). In the opinion of justice Warren, the Fourteenth Amendment was not originally intended to prohibit school segregation. In the 1860s, it was uncommon for children to go to school, let alone get an education.

These problems that were being seen at young ages were not likely to go away with time because their learning had already been delayed. Furthermore, the supreme court saw segregation at schools as unconstitutional, “Brown v. Board of Education of Topeka, case in which on May 17, 1954, the U.S. Supreme Court ruled unanimously (9–0) that racial segregation in public schools violated the Fourteenth Amendment to the Constitution, which prohibits the states from denying equal protection of the laws to any person within their jurisdictions,”(Duignan). The education of the student was not the only thing being denied but also the chance to have protection in their own home. The supreme court agreed it was unconstitutional because idea of “Separate but equal,” set up by the Plessy vs. Ferguson court case was not at all being

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).

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 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

Writing for the court, Chief Justice Earl Warren argued that the question of whether racially segregated public schools were inherently unequal, and thus beyond the scope of the separate but equal doctrine, could be answered only by considering “the effect of segregation itself on public education.” Citing the Supreme Court’s rulings in Sweat v. Painter (1950), and McLaurin v. Oklahoma State Regents for Higher Education (1950), which recognized “intangible” inequalities between African American and all-white schools at the graduate

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

We have come to understand public education in the United States as a core principle of one’s rights as a citizen in spite of it not explicitly guaranteed within the Constitution. Despite the passage of the 13th, 14th, and 15th Amendments, we continue to witness the fight for complete and total integration within our public schools and thus, racial equality. The 14th Amendment forbid states from denying any person within its jurisdiction the equal protection of the laws, but was unclear in terms of it’s exact intention with respect to public education. As a result, were unable to see the effective use and enforcement of the 13th, 14th, and 15th Amendments until approximately the 1940s for a number reasons, but I believe that structural racism is the foremost cause. Today, we find ourselves struggling to achieve full integration within our public school system due to the covert intentions behind structural racism and therefore, it’s ability to overpower the law. Structural racism has the ability to impact legal authority in such a way where we end up with a lack of appropriate enforcement legislation at the Supreme Court level and a lack of acknowledgement and remedies for de jure segregation and thus, it is the primary cause of the current segregation within the American public school system.

Throughout history there have been various influential court cases involving Education. These important cases and their outcomes act as milestones on the road to a successful education System in the United States. Topics such as race, religion and gender equality within schools have all been vigorously debated upon and have ultimately played major roles in shaping today 's education system. By examining civil rights and acting upon these rights many important educational court cases have allowed many students a greater chance for efficient and equal learning opportunities in the classroom.

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

White families felt no remorse, claiming that whites were rightfully separated for superiority reasons. Black families felt anger because their children walked through dangerous parts of town for an unequal education. When this was brought up to Kansas’s Board of Education, they believed there was nothing wrong with the education system. The Board argued that all blacks received the same and equal opportunities as white students in other schools. They concluded that their actions were constitutional, as it followed the “separate but equal” ruling established in 1896. The Brown family felt their Fourteenth Amendment was violated. ("Brown v. Board of Education"). The Fourteenth Amendments states to provide equal protection for all citizens of the United States ("14th Amendment"). They appealed their case to the federal district court and, eventually, to the Supreme Court of the United States as well. ("Brown v. Board of Education (1954) School Segregation, Equal Protection."). The Brown vs. Board of Education case was created and trialed in front of Warren Court. As the Chief Justice, Earl Warren’s influence on other Justices would play an important role in the final decision. Warren started the end to segregation. It became the beginning of a court case that would alter black American lives forever.

This inequality and unnecessary act called racism within many school systems can be dated back to 1896 to the Plessy V. Ferguson case which resulted in “separate facilities for education” and an “equal education” (Campbell). This case is what provided us with the term “separate but equal”, this meant that white and black children had to attend separate schools but would supposedly get an equal education. Another case addressing racism in education is the Cumming V. Richmond case in 1899. This case involved three black families who petitioned the court to allow their children to finish their high school education at a white high school, due to the closing of the local black high school which would integrate African Americans and whites under one facility (Campbell). Racial segregation and its unfairness even continued into the 1950’s with the Sweatt V. Painter case involving an African American, Homas Sweatt, who was being denied access to the University of Texas Law School because he was black (Campbell). All of this unfair treatment of separate but equal education continued until 1954 when one of the most popular and familiar cases to all of us occurred, “Brown V. Board of Education”. In this case a young girl from Kansas had to walk 21 blocks to the closet black only school when a

For this situation the Supreme Court's dominant part held that instruction was not an established right, regardless of its "undisputed significance" and as aresult, states were just needed to give the "essential negligible aptitudes fundamental for the happiness regarding the privileges of discourse and full interest in the political methodology." Thisdecision has made it allowable for understudies in poorer school areas to get aninferior training contrasted with those in wealthier school locale.