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    Brown V BD of Education of Topeka KS, 1954

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    The Supreme Court overruled the "separate but equal" doctrine established in Plessy v. Ferguson. Chief Justice Earl Warren wrote that segregation deprives black children of equal educational opportunities and protection under the law. The decision expanded federal power over education, which was usually under local control. The Court reviewed evidence and determined that segregated schools generate feelings of inferiority in black children that negatively impact their motivation to learn. Therefore, segregation was found to be unequal and unconstitutional.

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    © All Rights Reserved
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    Brown V BD of Education of Topeka KS, 1954

    Uploaded by

    SantiagoVegaCastro
    40 views5 pages
    The Supreme Court overruled the "separate but equal" doctrine established in Plessy v. Ferguson. Chief Justice Earl Warren wrote that segregation deprives black children of equal educational opportunities and protection under the law. The decision expanded federal power over education, which was usually under local control. The Court reviewed evidence and determined that segregated schools generate feelings of inferiority in black children that negatively impact their motivation to learn. Therefore, segregation was found to be unequal and unconstitutional.

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    Brown v Bd of Education of Topeka KS, 1954

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    The Supreme Court overruled the "separate but equal" doctrine established in Plessy v. Ferguson. Chief Justice Earl Warren wrote that segregation deprives black children of equal educational opportunities and protection under the law. The decision expanded federal power over education, which was usually under local control. The Court reviewed evidence and determined that segregated schools generate feelings of inferiority in black children that negatively impact their motivation to learn. Therefore, segregation was found to be unequal and unconstitutional.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    40 views5 pages

    Brown V BD of Education of Topeka KS, 1954

    Uploaded by

    SantiagoVegaCastro
    The Supreme Court overruled the "separate but equal" doctrine established in Plessy v. Ferguson. Chief Justice Earl Warren wrote that segregation deprives black children of equal educational opportunities and protection under the law. The decision expanded federal power over education, which was usually under local control. The Court reviewed evidence and determined that segregated schools generate feelings of inferiority in black children that negatively impact their motivation to learn. Therefore, segregation was found to be unequal and unconstitutional.

    Copyright:

    © All Rights Reserved
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    of 5

    American VievVs

    DOCUMENTS IN AMERICAN HISTORY

    Robert A. Goldberg
    Eric Hinderaker

    PEARSON
    Custom
    Publishing
    84. Brown v. The Board of Education
    of Topeka, Kansas, 1954

    The SupremeCourtoverruledthe "separatebut equal"doctrineof Plessy v. Ferguson in


    this decision.Segregation,writes ChiefJustice Earl Warren,does depriveBlackchildren
    of equal educationalopportunitiesand protectionof the law. The decisionalso acted to
    expand the power of thefederal governmentin educationalmatters, a jurisdictionusu­
    ally reservedto localschoolboards.What kinds of evidencedid the SupremeCourt use
    to support its decision?Howwas schooldesegregation to be broughtabout?Howquickly?

    WARREN, C. J., These cases come to us from the adhered to that doctrine, but ordered that the
    States of Kansas, South Carolina, Virginia, and plaintiffsbe admitted to the white schools because
    Delaware. They are premised on different facts of their superiority to the Negro schools.
    and differentlocal conditions, but a common legal
    question justifies their consideration together in The plaintiffs contend that segregated public
    this consolidated opinion. schools are not "equal" and cannot be made
    "equal," and that hence they are deprived of the
    In each of the cases, minors of the Negro race, equal protection of the laws. Because of the obvi­
    through their legal representatives, seek the aid ous importance of the question presented, the
    of the courts in obtaining admission to the pub­ Court took jurisdiction. Argument was heard in
    lic schools of their community on a nonsegre­ the 1952 Term, and reargument was heard this
    gated basis. In each instance, they had been Term on certain questions propounded by the
    denied admission to schools attended by white Court.
    children under laws requiring or permitting seg­
    regation according to race. This segregation was Reargument was largely devoted to the cir­
    alleged to deprive the plaintiffs of the equal pro­ cumstances surrounding the adoption of the
    tection of the laws under the Fourteenth Amend­ Fourteenth Amendment in 1868. It covered
    ment. In each of the cases other than the Delaware exhaustively consideration of the Amendment
    case, a three-judge federal district court denied in Congress, ratification by the states, then
    relief to the plaintiffs on the so-called "separate existing practices in racial segregation, and the
    but equal" doctrine announced by this Court in views of proponents and opponents of the
    Plessyv.Ferguson,163 U.S. 537. Under that doc­ Amendment. This discussion and our own
    trine, equality of treatment is accorded when the investigation convince us that, although these
    races are provided substantially equal facilities, sources cast some light, it is not enough to
    even though these facilities be separate. In the resolve the problem with which we are faced.
    Delaware case, the Supreme Court of Delaware At best, they are inconclusive. The most avid

    Brown vs. the Board of Education of Topeka. Kansas. 1954, 347 U.S. 483.

    326
    -------------Chapter 12: Cold War America-------------

    proponents of the post-War Amendments 1896 in the case of Plessy v. Ferguson,supra,


    undoubtedly intended them to remove all legal involving not education but transportation.
    distinctions among "all persons born or natu­ American courts have since labored with the doc­
    ralized in the United States." Their opponents, trine for over half a century. In this Court, there
    just as certainly, were antagonistic to both the have been six cases involving the "separate but
    letter and the spirit of the Amendments and equal" doctrine in the field of public education.
    wished them to have the most limited effect. In Cummingv. CountyBoardof Education,175 U.S.
    What others in Congress and the state legisla­ 528, and GongLum v.Rice,275 U.S. 78, the valid­
    tures had in mind cannot be determined with ity of the doctrine itself was not challenged. In
    any degree of certainty. more recent cases, all on the graduate school
    level, inequality was found in that specific ben­
    An additional reason for the inconclusive nature efits enjoyed by white students were denied to
    of the Amendment's history, with respect to seg­ Negro students of the same educational qualifi­
    regated schools, is the status of public education cations. Missouriex rel.Gainesv. Canada,305 U.S.
    at that time. In the South, the movement toward 337; Sipuelv. Oklahoma, 332 U.S. 631; Sweatt v.
    free common schools, supported by general tax­ Painter,339 U.S. 629; McLaurinv. OklahomaState
    ation, had not yet taken hold. Education of white Regents,339 U.S. 63 7. In none of these cases was
    children was largely in the hands of private it necessary to re-examine the doctrine to grant
    groups. Education of Negroes was almost non­ relief to the Negro plaintiff. And in Sweatt v.
    existent, and practically all of the race were illit­ Painter,supra,the Court expressly reserved deci­
    erate. In fact, any education of Negroes was sion on the question whether Plessyv. Ferguson
    forbidden by law in some states. Today,in con­ should be held inapplicable to public education.
    trast, many Negroes have achieved outstanding
    success in the arts and sciences as well as in the In the instant cases, that question is directly pre­
    business and professional world. It is true that sented. Here, unlike Sweatt v. Painter,there are
    public school education at the time of the Amend­ findings below that the Negro and white schools
    ment had advanced further in the North, but the involved have been equalized, or are being equal­
    effect of the Amendment on Northern States was ized, with respect to buildings, curricula, quali­
    generally ignored in the congressional debates. fications and salaries of teachers, and other
    Even in the North, the conditions of public edu­ "tangible" factors. Our decision, therefore, can­
    cation did not approximate those existing today. not turn on merely a comparison of these tangi­
    The curriculum was usually rudimentary; ble factors in the Negro and white schools
    ungraded schools were common in rural areas; involved in each of the cases.
    the school term was but three months a year in
    many states; and compulsory school attendance We must look instead to the effect of segregation
    was virtually unknown. As a consequence, it is itself on public education.
    not surprising that there should be so little in
    the history of the Fourteenth Amendment relat­ In approaching this problem, we cannot turn the
    ing to its intended effect on public education. clock back to 1868 when the Amendment was
    adopted, or even to 1896 when Plessyv. Fergu­
    In the first cases in this Court construing the son was written. We must consider public edu­
    Fourteenth Amendment, decided shortly after its cation in the light of its full development and
    adoption, the Court interpreted it as proscribing its present place in American life throughout the
    all state-imposed discriminations against the Nation. Only in this way can it be determined if
    Negro race. The doctrine of "separate but equal" segregation in public schools deprives these
    did not make its appearance in this Court until plaintiffs of the equal protection of the laws.

    327
    ----------American Views: Documents in American History----------

    Today,education is perhaps the most important dren in grade and high schools. To separate them
    function of state and local governments. Com­ from others of similar age and qualifications
    pulsory school attendance laws and the great solely because of their race generates a feeling
    expenditures for education both demonstrate our of inferiority as to their status in the commu­
    recognition of the importance of education to our nity that may affect their hearts and minds in a
    democratic society. It is required in the per­ way unlikely ever to be undone. The effect of this
    formance of our most basic public responsibili­ separation on their educational opportunities was
    ties, even service in the armed forces. It is the well stated by a finding in the Kansas case by a
    very foundation of good citizenship. Today it is court which nevertheless felt compelled to rule
    a principal instrument in awakening the child to against the Negro plaintiffs:
    cultural values, in preparing him for later pro­
    fessional training, and in helping him to adjust "Segregation of white and colored children in
    normally to his environment. In these days, it is public schools has a detrimental effect upon the
    doubtful that any child may reasonably be colored children. The impact is greater when it
    expected to succeed in life if he is denied the has the sanction of the law; for the policy of sep­
    opportunity of an education. Such an opportu­ arating the races is usually interpreted as denot­
    nity, where the state has undertaken to provide ing the inferiority of the negro group. A sense
    it, is a right which must be made available to all of inferiority affects the motivation of a child to
    on equal terms. learn. Segregation with the sanction of law, there­
    fore has a tendency to retard the educational and
    We come then to the question presented: Does mental development of negro children and to
    segregation of children in public schools solely deprive them of some of the benefits they would
    on the basis of race, even though the physical receive in a racial(ly) integrated school system."
    facilities and other "tangible" factors may be
    equal, deprive the children of the minority group Whatever may have been the extent of psycho­
    of equal educational opportunities? We believe logical knowledge at the time of Plessyv. Fergu­
    that it does. son,this finding is amply supported by modern
    authority. Any language in Plessyv. Fergusoncon­
    In Sweattv. Painter;supra in finding that a segre­ trary to this finding is rejected. We conclude that
    gated law school for Negroes could not provide in the field of public education the doctrine of
    them equal educational opportunities, this Court "separate but equal" has no place. Separate edu­
    relied in large part on "those equalities which are cational facilities are inherently unequal. There­
    incapable of objective measurement but which fore, we hold that the plaintiffs and others
    make for greatness in a law school." In McLau­ similarlysituated for whom the actions have been
    rin v.OklahomaState Regents,supra,the Court, in brought are, by reason of the segregation com­
    requiring that a Negro admitted to a white grad­ plained of, deprived of the equal protection of
    uate school be treated like all other students, the laws guaranteed by the Fourteenth Amend­
    again resorted to intangible considerations; ment. This disposition makes unnecessary any
    ". . . his ability to study, to engage in discus­ discussion whether such segregation also violates
    sions and exchange views with other students, the Due Process Clause of the Fourteenth
    and, in general, to learn his profession." Such Amendment. ...
    considerations apply with added force to chil-

    328
    -------------- Chapter 12: Cold War America-------------

    THE COLOR LINE SEGREGATED SOUTHERN WHITES FROM BLACKS UNTIL THE l 96OS. THESE
    WATER FOUNTAINS MAKE REAL THE MEANING OF "SEPARATE BUT EQUAL" AS DEFINED BY WHITE
    OFFICIALS.

    Courtesy of The Library of Congress.

    329

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