Brown v. The Board of Education
"Brown v. Board of Education of Topeka" Brian Duingan. 22 January 2018 www.britannica.com/event/Brown-v-Board-of-Education-of-Topeka
Brown v. Board of Education of Topeka was argued on December 9, 1952; the attorney who argued on behalf of the plaintiffs was Thurgood Marshall, who later served as an associate justice of the Supreme Court (1967-91). The case was reargued on December 8, 1953, to address the question of whether the framers of the Fourteenth Amendment would have understood it to be inconsistent with racial segregation in public education. The 1954 decision found that the historical evidence bearing on the issue was inconclusive.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."
"History - Brown v. Board of Education Re-enactment" United States Courts. 17 January 2018 http://www.uscourts.gov/ao-operating-status
"The object of the [Fourteenth] amendment was undoubtedly to enforce the equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to endorse social, as distinguished from political, equality. . . If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane."
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"History - Brown v. Board of Education Re-enactment" United States Courts. 17 January 2018 http://www.uscourts.gov/ao-operating-status
Although many people felt that these laws were unjust, it was not until the 1890s that they were directly challenged in court. In 1892, an African-American man named Homer Plessy refused to give up his seat to a white man on a train in New Orleans, as he was required to do by Louisiana state law. For this action he was arrested. Plessy, contending that the Louisiana law separating blacks from whites on trains violated the "equal protection clause" of the Fourteenth Amendment to the U.S. Constitution, decided to fight his arrest in court. "History - Brown v. Board of Education Re-enactment" United States Courts. 17 January 2018 http://www.uscourts.gov/ao-operating-status
"Brown v. Board of Education of Topeka" Brian Duingan. 22 January 2018 www.britannica.com/event/Brown-v-Board-of-Education-of-Topeka
Although the 1954 decision strictly applied only to public schools, it implied that segregation was not permissible in other public facilities. Considered one of the most important rulings in the court's history, Brown v. Board of Education of Topeka helped to inspire the American civil rights movement of the late 1950s and 1960s.The case was heard as a consolidation of four class-action suits filed in four states by the National Association for the Advancement of Colored People (NAACP) on behalf of African American elementary and high school students who had been denied admission to all-white public schools.
"History - Brown v. Board of Education Re-enactment" United States Courts. 17 January 2018 http://www.uscourts.gov/ao-operating-status
Although the Declaration of Independence stated that "All men are created equal," due to the institution of slavery, this statement was not to be grounded in law in the United States until after the Civil War (and, arguably, not completely fulfilled for many years thereafter). In 1865, the Thirteenth Amendment was ratified and finally put an end to slavery.
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"How Brown v. Board of Education Changed—and Didn't Change—American Education" Ronalnd Brownstein, The Atlantic Daily, April 25 2014 www.theatlantic.com/education/archive/2014/04/two-milestones-in-education/361222/
Before Brown, only about one in 40 African-Americans earned a college degree. Now more than one in five hold one. Educational advances have also keyed other gains, including the growth of a substantial black middle-class and health gains that have cut the white-black gap in life expectancy at birth by more than half since 1950.
"Brown v. Board of Education of Topeka" Brian Duingan. 22 January 2018 www.britannica.com/event/Brown-v-Board-of-Education-of-Topeka
Brown v. Board of Education of Topeka, case in which on May 17, 1954, the U.S. Supreme Courtruled 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. The decision declared that separate educational facilities for white and African American students were inherently unequal. It thus rejected as inapplicable to public education the "separate but equal" doctrine, advanced by the Supreme Court in Plessy v. Ferguson (1896), according to which laws mandating separate public facilities for whites and African Americans do not violate the equal-protection clause if the facilities are approximately equal.
"How Brown v. Board of Education Changed—and Didn't Change—American Education" Ronalnd Brownstein, The Atlantic Daily, April 25 2014 www.theatlantic.com/education/archive/2014/04/two-milestones-in-education/361222/
Brown's core mission of encouraging integration can best be defined as unfinished. Many civil-rights advocates, such as Gary Orfield, co director of the Civil Rights Project at UCLA, argue that after gains through the late 1980s, the public-school system is undergoing a "resegregation" that has left African-American and Latino students "experiencing more isolation ... [than] a generation ago." Other analysts question whether segregation is worsening, but no one denies that racial and economic isolation remains daunting:
"History - Brown v. Board of Education Re-enactment" United States Courts. 17 January 2018 http://www.uscourts.gov/ao-operating-status
Despite these Amendments, African Americans were often treated differently than whites in many parts of the country, especially in the South. In fact, many state legislatures enacted laws that led to the legally mandated segregation of the races. In other words, the laws of many states decreed that blacks and whites could not use the same public facilities, ride the same buses, attend the same schools, etc. These laws came to be known as Jim Crow laws.
Brown v. Board of Education of Topeka, Opinion; May 17, 1954; Records of the Supreme Court of the United States; Record Group 267; National Archives. www.ourdocuments.gov/doc.php?flash=false&doc=87
Despite two unanimous decisions and careful, if vague, wording, there was considerable resistance to the Supreme Court's ruling in Brown v. Board of Education. In addition to the obvious disapproving segregationists were some constitutional scholars who felt that the decision went against legal tradition by relying heavily on data supplied by social scientists rather than precedent or established law. Supporters of judicial restraint believed the Court had overstepped its constitutional powers by essentially writing new law.
Brown v. Board of Education of Topeka, Opinion; May 17, 1954; Records of the Supreme Court of the United States; Record Group 267; National Archives. www.ourdocuments.gov/doc.php?flash=false&doc=87
However, minority groups and members of the civil rights movement were buoyed by the Brown decision even without specific directions for implementation. Proponents of judicial activism believed the Supreme Court had appropriately used its position to adapt the basis of the Constitution to address new problems in new times. The Warren Court stayed this course for the next 15 years, deciding cases that significantly affected not only race relations, but also the administration of criminal justice, the operation of the political process, and the separation of church and state.
"Brown v. Board of Education." IMPACT OF BROWN V. BOARD OF EDUCATION. 2009 http://www.history.com/topics/black-history/brown-v-board-of-education-of-topeka
In 1955, a year after the Brown v. Board of Education decision, Rosa Parksrefused to give up her seat on a Montgomery, Alabama bus. Her arrest sparked the Montgomery bus boycott and would lead to other boycotts, sit-ins and demonstrations (many of them led by Martin Luther King Jr.), in a movement that would eventually lead to the toppling of Jim Crow laws across the South. "Brown v. Board of Education." IMPACT OF BROWN V. BOARD OF EDUCATION. 2009 http://www.history.com/topics/black-history/brown-v-board-of-education-of-topeka
"Brown v. Board of Education of Topeka" Brian Duingan. 22 January 2018 www.britannica.com/event/Brown-v-Board-of-Education-of-Topeka
In Brown v. Board of Education of Topeka (1951), Briggs v. Elliott (1951), and Davis v. County School Board of Prince Edward County (1952), U.S. district courts in Kansas, South Carolina, and Virginia, respectively, ruled on the basis of Plessy that the plaintiffs had not been deprived of equal protection because the schools they attended were comparable to the all-white schools or would become so upon the completion of improvements ordered by the district court. In Gebhart v. Belton (1952), however, the Delaware Court of Chancery, also relying on Plessy, found that the plaintiffs' right to equal protection had been violated because the African American schools were inferior to the white schools in almost all relevant respects.
"Brown v. Board of Education of Topeka" Brian Duingan. 22 January 2018 www.britannica.com/event/Brown-v-Board-of-Education-of-Topeka
In a subsequent opinion on the question of relief, commonly referred to as Brown v. Board of Education of Topeka (II), argued April 11-14, 1955, and decided on May 31 of that year, Warren ordered the district courts and local school authorities to take appropriate steps to integrate public schools in their jurisdictions "with all deliberate speed." Public schools in Southern states, however, remained almost completely segregated until the late 1960s. "Brown v. Board of Education of Topeka" Brian Duingan. 22 January 2018 www.britannica.com/event/Brown-v-Board-of-Education-of-Topeka
"How Brown v. Board of Education Changed—and Didn't Change—American Education" Ronalnd Brownstein, The Atlantic Daily, April 25 2014 www.theatlantic.com/education/archive/2014/04/two-milestones-in-education/361222/
Just before Brown, only about one in seven African-Americans, compared with more than one in three whites, held a high school degree. Today, the Census Bureau reports, the share of all African-American adults holding high school degrees (85 percent) nearly equals the share of whites (89 percent); blacks have slightly passed whites on that measure among young adults ages 25 to 29.
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Documents Related Brown v Board of Eduction. 15 August 2016 https://www.archives.gov/education/lessons/brown-v-board/bios.html
Oliver Brown, a minister in his local Topeka, KS, community, challenged Kansas's school segregation laws in the Supreme Court. Mr. Brown's 8-year-old daughter, Linda, was a black girl attending fifth grade in the public schools in Topeka when she was denied admission into a white elementary school. The NAACP and Thurgood Marshall took up Brown's case along with similar cases in South Carolina, Virginia, and Delaware as Brown v. Board of Education. Mr. Brown died in 1961.
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"How Brown v. Board of Education Changed—and Didn't Change—American Education" Ronalnd Brownstein, The Atlantic Daily, April 25 2014 www.theatlantic.com/education/archive/2014/04/two-milestones-in-education/361222/
That demographic transformation is both reinvigorating and reframing Brown's fundamental goal of ensuring educational opportunity for all Americans. The unanimous 1954 Brown decision was a genuine hinge in American history. Although its mandate to dismantle segregated public schools initially faced "massive resistance" across the South, the ruling provided irresistible moral authority to the drive for legal equality that culminated in the passage of the Civil Rights and Voting Rights acts a decade later.
"History - Brown v. Board of Education Re-enactment" United States Courts. 17 January 2018 http://www.uscourts.gov/ao-operating-status
The case that came to be known as Brown v. Board of Education was actually the name given to five separate cases that were heard by the U.S. Supreme Court concerning the issue of segregation in public schools. These cases were Brown v. Board of Education of Topeka, Briggs v. Elliot, Davis v. Board of Education of Prince Edward County (VA.), Bolling v. Sharpe, and Gebhart v. Ethel. While the facts of each case are different, the main issue in each was the constitutionality of state-sponsored segregation in public schools
"Brown v. Board of Education." IMPACT OF BROWN V. BOARD OF EDUCATION. 2009 http://www.history.com/topics/black-history/brown-v-board-of-education-of-topeka
Though the Supreme Court's decision in Brown v. Board didn't achieve school desegregation on its own, the ruling (and the steadfast resistance to it across the South) fueled the nascent civil rights movement in the United States.
"Brown v. Board of Education." IMPACT OF BROWN V. BOARD OF EDUCATION. 2009 http://www.history.com/topics/black-history/brown-v-board-of-education-of-topeka
Today, more than 60 years after Brown v. Board of Education, the debate continues over how to combat racial inequalities in the nation's school system, largely based on residential patterns and differences in resources between schools in wealthier and economically disadvantaged districts across the country.
