Thursday, April 19, 2012

Brown v. Board of Ed

Brown versus the Board of Education, Topeka, was a milestone supreme court case for civil rights. The case was thirteen parents of thirteen children against the United states. The verdict was delivered in May 1954 by the court while under Earl Warren, the vote was unanimous 9-0. Separate educational facilities are inherently unequal and racial segregation was ruled a violation of the Equal Protection Clause under the 14th amendment.

The overlying issue in this debacle over civil rights and segregation. The argument was that segregation was in violation of the Constitution as schools are a sect of the government. While the policy was suppose to be separate but equal, the classrooms were separate but by no means equal. The 3 driving issues in the situation were the schools physical layout, curriculum, and faculty, All of which were found to be in violation of plaintiff's constitutional rights. The NAACP and its local chapter were integral in the counseling and outcome of the case.

The whole issue began when Oliver Brown attempted to enroll his daughter in an all white elementary school. When he was refused he went to the NAACP for further help. The NAACP then took his argument for equal rights to the US District Court of Kansas. The court ruled in favor of the BOE and then the NAACP appealed to the Supreme Court in October 1951.


The trial was overseen by Chief Justice Earl Warren. He was considered to be conservative in his views but wasn't as rigid with his beliefs. Other members of the Court during this case were much more rigidly set in their respective ideologies than Warren. Democratic-minded justices included Hugo Black, William O'Donally, Tom C. Clark, William J. Brennan, Jr., and Abe Fortas. Republican-swayed justices included John M. Harlan II, Potter Stewart, and Byron White.


The arguements were for equal rights between students and to desegregate schools. The main concern issue was separate but equal. As heinous as it was the school did not comply with that and the NAACP used that as their main stallion to win the trial.


With the court striking down the segregation, the verdict would effect some 21 other states and their public school districts. In my opinion, the decision was informed and just. Life, liberty, and the pursuit of happiness apply to all, not those that the majority choose to recognize.

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