Brown .v. Board of Education
What historic case did the Court overrule?
The brown case overruled the famous Plessy v. Ferguson 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896) which had upheld segregation of races in schools as long as the facilities, which in this case was the schools provided for the individual races were separate but equal (Alexander & Alexander, 2012).
What is the doctrine of separate but equal?
The doctrine of was a legal doctrine used to justify the system of racial segregation. Under this doctrine, services, public places and facilities were allowed to be separated based on races or colors on the condition that the respective facilities remain equal (Hauser, 1995).
What did the Court say about that doctrine in the case?
The court felt that the doctrine had no place in public education due to the fact that it would deprive children of the minority races equal educational opportunities. The court felt that even though there would have been equality in the amenities, the provision of the services would vary depending on the race size.
How much importance did the Court give to the actual intent of the drafters of the Fourteenth Amendment?
The court, while considering the significance of the creation of the fourteenth amendment did not consider its drafters actual intent. The court felt that the amendment was created during a time when racial segregation was largely being practiced thus there was bound to be partiality in the creation of this law.
What did the Court consider when deciding the case?
The court in making their decision considered the fact that while the facilities provided to all races might have been equals the education provided varied. Thus the court felt that the educational opportunities that were being given to the different races was bound to be different and would effectively short change minority races (Davis & Graham, 1995).
Do you agree with the Court's reasoning in this case?
In this case, I do agree with the court. This is because the doctrine of separate but essentially made it legal for one to segregate particular races. Not only was the doctrine over dated, but it also provided an excuse that had the potential of being used to provide inferior services for minority races.
References
Alexander, K., & Alexander, M. D. (2012). American public school law. Belmont, CA: Wadsworth Cengage Learning.
Davis, A. L., & Graham, B. L. (1995). The Supreme Court, race, and civil rights. Thousand Oaks [u.a.: Sage Publ.
Hauser, P. (1995). Great ambitions: From the "separate but equal" doctrine to the birth of the NAACP (1896-1909). New York: Chelsea House.
