Introduction
This research paper analyses the decision of Supreme Court in “Brown v. Board of Education “ 1which has given the way for the desegregation of schools by dismantling earlier system of “segregation” of white and black in schools. The decision is regarded as a land mark one as it had bolstered the confidence of blacks and offered them a hope that by mere being a black in color, they are never prohibited to enjoy equal rights offered under the 14th Amendment to the American constitution.
Analysis
In a landmark judgment in Brown v. Board of Education of Topeka, Kans, Supreme Court of U.S had unanimously ruled against the “separate but equal” principle decided in Plessy v.Ferguson viewing that de jure segregation in the public schools infringed the doctrine of equal protection granted under the law by the 14th Amendment made to the Constitution of U.S. Supreme Court insisted that the “symbol of inferiority “embossed on black or minority children by separation obstructed their whole progress despite of the fact that “equal” physical facilities have been in existence. Supreme Court after hearing subsequent arguments in the case had ordered in 1955 that schools must be “desegregated” with great speed without any further delay.
In realism, Brown v. Board of Education decision had reformed the education system of America as either any black or minority children need not attend separate and commonly asymmetrical schools.
The facts of the case are as follows:
A black student namely Linda Brown had to walk daily one mile to attend her black elementary school where as a white elementary school was very much available which was adjacent to her residence. The efforts of Linda’s father Oliver Brown to get admission in the white school which was adjacent to his residence were failed as principal of the White school was not cooperative because of the fact that he was a black. Aggrieved by this, Brown approached the Advancement of Colored People [NAACP] to redress the prejudice inflicted on blacks. Joined by other affected Blacks, NAACP filed for an injection that would prevent the segregation at Topeka’s public schools.
In the trial case at U.S District Court of Kansas, Judges agreed with view of NAACP that segregation of black and whiles at school levels will not only cause a detrimental effect on black children but also creates a feeling of inferiority complex that would have an impact on colored children’s ability to learn. [The National Centre for Public Research].
However citing the precedent of Plessy V.Ferguson decided by Supreme Court which permitted separate but equal school systems for whites and blacks, trial judges viewed that though they were in favor of NAACP’s pleadings but was unable to extend a decision in their favor as Supreme Court was not yet overruled its earlier decision on Plessy v. Fergusson.
Aggrieved by the trial court’s order, NAACP appealed in the Supreme Court and Supreme Court had struck down its earlier decision in plessy by affirming that “separate but equal” principle “had no place” as of then and ordered desegregation of schools across of America immediately.
What was the larger issue at stake in the Brown decision: Restoring the effective meaning of the 14th amendment in light of Plessy v Ferguson or compelling communities to provide quality education?
In Plessy v.Ferguson, majority held that separation of railway cars was valid as law could treat people separately according to their race, as long as it treated them equally. In Brown v. Board of Education of Topeka, Kans, Supreme Court of U.S had unanimously ruled against the “separate but equal” principle decided in Plessy v.Ferguson viewing that de jure segregation in the public schools infringed the doctrine of equal protection granted under the law by the 14th Amendment made to the Constitution of U.S. It is to be noted that the 14th Amendment offers equal protection to all citizens of U.S.A and every individual is assured the equal protection of equal rights. These rights belong to individuals since they are intrinsic in human nature. Justice Clarence Thomas observed in his concurring opinion in Missouri v Jenkins case that individuals alone can suffer from discrimination and hence such affected individuals can receive the remedy.
Hence, Brown v. Board of Education decision had reformed the education system of America as either any black or minority children need not attend separate and commonly asymmetrical schools.
Thus Brown decision is more appropriately dealing with restoring the effectiveness meaning of 14th Amendment. It does not deal with the aspect of compelling communities to offer quality education.
In other words, Brown decision guarantees that black should share the class room where Whites are also studying and that means, the same quality and standard of education to Blacks should be given.
Thus, Brown decision saw the demise of the “separate but equal” doctrine held in Plessy v. Ferguson.
Was it appropriate for the Supreme Court in 1954 to link enforcement of the 14th Amendment with guaranteeing quality of education?
It is to be noted that the 14th Amendment offers equal protection to all citizens of U.S.A and every individual is assured the equal protection of equal rights. These rights belong to individuals since they are intrinsic in human nature. Justice Clarence Thomas observed in his concurring opinion in Missouri v Jenkins case that individuals alone can suffer from discrimination and hence such affected individuals can receive the remedy.
Hence, Supreme Court is correct in its decision in 1954 to correlate enforcement of the 14th Amendment with guaranteeing quality of education as it relates Black’s equal protection of equal rights in receiving quality education as analogous to what Whites are receiving and without segregation.
To what degree has the Supreme Court remained faithful to the original intents of the Brown decision (i.e. Missouri v Jenkins)?
In Plessy v.Ferguson, majority held that separation of railway cars was valid as law could treat people separately according to their race, as long as it treated them equally. However, while deciding in Brown case, Supreme Court construed its decision in Missouri v. Jenkins as limiting only de jure segregation. In Missouri v. Jenkins, Supreme Court overruled a District Court verdict that demanded the State of Missouri to rectify genuine racial discrimination in schools by funding salary revisions and corrective educational programs.
There is enough reason to suspect that Jenkins’s case mirrors a drift toward relaxation in the guarantee of equal educational circumstances.
Was the Brown decision an idealistic but misguided effort to carryout a Revolution through the law?
Supreme Court held in Brown case that Blacks are having equal rights and Blacks cannot be segregated for the purpose of education and has the right to aggregation in class rooms along with White. In other words, color, race, ethnicity should not be linked by offering separate class rooms for White and Black in educational institutions
Hence, to me Brown decision is an idealistic and it does not represent a misguided effort to carryout a revolution through law. It is an apt and correct effort to remind the equal rights granted to citizens of U.S.A.
Conclusion
It is to be observed that Brown ruling was applied chiefly to Southern school systems where segregation was followed predominantly. [Patterson, 2001]. Though South was reluctant to introduce integration in their school system , ruling in Brown case and the fear of loss of federal funds for noncompliance forced South to adhere the same2. The Brown ruling offered an incredible momentum to the civil-rights movement of 1960’s.
Brown v. Board of Education is not only a land mark judgment but also will be commemorated for ever because it has restored the rights of equality to blacks as enshrined in the 14th Amendment of American Constitution and it had offered equal opportunities for blacks in educational system and it had uphold the black’s rights of equality in education and also bolstered the black’s confidence that they are not inferior than whites just because their skin is black.
Works Cited
- Bergin, K. A. “Silent Covenants: Brown V. Board of Education and the Unfulfilled Hopes for Racial Reform.” Constitutional Commentary 23(2) (2006):271+.
- “Brown V. Board of Education of Topeka, Kans” In The Columbia Encyclopedia (6th ed.). New York: Columbia University Press, 2004.
- Wallenstein, P. “Brown V. Board of Education: Caste, Culture, and the Constitution.” Journal of Southern History, 72(4) (2006): 984+.
Footnotes
- 347 US 483; 74 S.Ct.686
- See “ The Columbia Encyclopedia [2004] Brown v. Board of School