Law Essay Sample: Brown V. Board Education

Published: 2022-05-13 22:07:20
Law Essay Sample: Brown V. Board Education
Type of paper:  Research paper
Categories: Racism Discrimination Law
Pages: 5
Wordcount: 1228 words
11 min read
143 views

Brown V. Board of Education, Kansas is identified to be one of the most magnificent milestones in the general history of America since it all started as a process that formed part and parcel of racial integration. Being that it started with schools, it is important to note that those schools that were not segregated had a severe difference and all were identified not to be equal in the general quality, this hence made the African American families control the general fight for ensuring equality. According to Brown v. Board, it was demonstrated clearly that there should be an integration of public schools and it is important to note that through this decision from the court. Serious controversy throughout the whole United States was created, and without the effect of this case, United States would still go through the entire process of segregation. The supreme court ruling had once and finally brought an end to the segregation of nation's schools that had been in existing during the period that African American were offered the rights to attend schools. Probably in the entire twentieth century, this ruling is one important legal victories that happened in the civil rights history. In this case, an aspect of one's choosing concerning the decision of the supreme court decision on Brown v Board of Education will be looked into.

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Methodology

In Brown v. Board of Education that is the main Kansas case, the plaintiffs, in this case, are identified to Negro children of the elementary school. Their complaint is brought in district court in the United States, with the court being identified as the Kansas district court to ensure an enjoining of Kansas statute enforcement which doesn't require but permit a total of more than 15,000 to establish a different school facility for white and Negro students.

Plessy v. Ferguson and Brown v Board of Education trial cases were both critical and came at a critical time in which the blacks were standing up for their rights. As a result of the Plessy v. Ferguson case, the Jim Crow Laws were established. These were segregation laws that violated many rights that had been granted to African-Americans through the 13th, 14th and 15th Amendments. Jim Crow phrase became popular as an offensive black code, and some laws that came with it were stringent as if the blacks were still in slavery. On the other hand, Brown v the Board of Education trial case struck down "separate but equal" rule as unconstitutional. The ruling was a significant milestone in the civil rights movement to allow the integration of all citizens irrespective of their race

The Supreme Court creates no law, neither does it command any armies and has no general affiliation with the politicians or politics. However, some of the statement and written opinions have in the past changed the general course on the history of America. The supreme court made a unanimous decision on May 7th, 1954 on the case Brown V. Board of education Topeka, Kansas 347, United States, 483.One great claim that can be raised by the whole process is that the Brown ruling played one important role in impacting the civil rights movement. Considering the Blacks, the ruling was associated with an ensuring impact that even if things were tough, the federal government was with them.

The Brown decision is identified as a landmark since it played a significant role in overturning the legal policies that were built by the Plessy v. Ferguson decision that made legal the general practice of separate, though equal. Concerning the decision that was raised by Plessy, it is important to note that the 14th got the interpretation differently that equality according to the law could be achieved through a facility that is properly segregated. On the other hand, the decision by Brown came about as a result of series of decisions by the supreme court on some of the specific educational problems. It made a positive impact on how the society was viewed race, and it played a significant role in ensuring equality in nations schools.

One of the first contributions was that the universities must ensure the admission of Blacks to graduate facilities. This gave the blacks a greater opportunity more in cases where the Black institutions were not offering some of the courses that they desired. Through the Brown decision, it motivated the case of Sipuel v. Board of Regents of the Oklahoma University, where the court made a ruling the Black community was to be offered equal chance with other individuals and they were to be admitted in the state Universities since they provided enough chances that was technically not available in most of the schools that Black could attend. It is important to note that through the decision by Brown, it demonstrated that separate institution was identified as ipso facto unequal and this was a great gap the blacks had to fulfill by fighting for full equality and generally achieving greater level of positive gain. However due to the fact that few means were existing in the general, things were getting clearer that few gains were being achieved by the year 1960, one unique year that led to the formation of the Civil Rights movement.

Just immediately after the Brown decision, it acted like a great relieve to the general Black society and most Black parents got the encouragement of sending their children to White schools and rebellion and retaliation was the norm to some the schools that were rejecting the idea. From time to time, the decision made by Brown continues to mean various things to different individuals at different moments in time. As reported by Professor Jack Balkin, the meaning of Browns decision shifted over a period of time because of the similarities that are making a shift on the political center. According to Balkin, it is observed that the Brown decision we are having today has been domesticated and formalized in that it has turned out to be limited in its remedial scope.

Even though the Brown decision delivered a manifest civil right victory and came up with one of the strongest movement that led to integrating the public schools. Various interpretation has currently risen and Browns decision is creating different meanings to different individuals at every moment of time. On the other hand, it is important to note that even though the net contribution of the Brown decision good to the public schools in America, complains have been in the past raised that the America's public-school integration has remained unclear and what has come out to be clear was that Brown was just influential

Reference

Brown Henderson, Cheryl, and Steven M. Brown. "Brown versus Board at 62: Marching back into the future." Education, Citizenship and Social Justice 12, no. 3 (2017): 244-251.

Hockett, Jeffrey D. "Brown v. Board of Education and the Symbolic Uses of Supreme Court Decisions in American Politics." Juris Poiesis 20, no. 23 (2017): 68-124.

Tate, William F., and Mark C. Hogrebe. "Show Me: Diversity and Isolation Indicators of Spatial Segregation Within and Across Missouri's School Districts." Peabody Journal of Education (2017): 1-18.

Lopez, Gerardo R., and Rebeca Burciaga. "The troublesome legacy of Brown v. Board of Education." Educational Administration Quarterly 50, no. 5 (2014): 796-811.

Rubenser, Lorie. "Brown v. Board of Education of Topeka." The Encyclopedia of Juvenile Delinquency and Justice (2017).

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