Professor McCall
American Government
29 April 2016
Brown vs Board of Education
After the civil war, racial tensions in public areas were very high. Supreme Courts allowed each state to mandate their own separate, but equal, policies. In the 1930s, the National Association for the Advancement of Colored People (NAACP) opposed and challenged the Jim Crow laws set forth for the Department of Education. In the 1950s, the court systems realized that separating the races was irrelevant to providing a quality education.
A young black child, Linda Carol Brown, age 8, was not allowed to attend an all-white school that was in her neighborhood. Her parents objected to Linda being bused so far to school since there was one closer to their home. This case was also argued in 1952 and was declared to be similar to cases being heard in South Carolina, Virginia, Delaware, and Washington DC.
The courts response was great opposition to school integration in the South. And many of the Justices wanted to move very cautiously through the court process. Some of the justices who gave past approval for the desegregation now decided that they needed more information about the original framers of the 14th amendment before proceeding any further with arguments in the Supreme Court. The second …show more content…
argument was scheduled for December, 1953.
The public now tempted to interpret the segregation of students as “inherently unequal” as well as completely unconstitutional.
With this historical evidence being put forth about the original intent of the 14th Amendment was found “inconclusive.” In the years to follow, the courts addressed the issue of desegregation. The NAACP wanted it to happen fast and the states warned of the violence if this process was completed too quickly. Even if the original writers of the Fourteenth Amendment did not want to prohibit segregation in education, they did want equal rights in public services. The experiences in the Twentieth century demonstrated the incompatibility of equality.
(Lewis)
In 1957 riots broke out when Arkansas governor used his states National Guard to stop black students from entering a Little Rock High School. Dwight D. Eisenhower, commander in chief, had to invoke his powers to place the Arkansas National guard under, and allow the black students access to the school. (Patterson, 118)
Even after the ruling of the landmark case of Brown vs Board of education came back, the courts held that government-sponsored school segregation was unconstitutional because it violated the 14th Amendment provisions that guarantees equal protection under the law to all citizens. This majority opinion became the legal basis by which all public schools throughtout the South were ordered by the lower courts to end their policy of racial segregation. (Patterson, 361)