Plessy Vs Ferguson: The Brown Case – School Board In Kansas

Plessy vs Ferguson: The Brown Case – School Board in Kansas

THE BROWN VS CASE SCHOOL BOARD 

The Brown versus School Board case was a case that caused a great impact since this case produced the elimination of school segregation in the United States and giving way to a new beginning in the field of education of that country and it was also the beginning to give way to the elimination of segregation in other areas.

The Brown versus School Board case was one of the most controversial cases in 1951 to 1954 since the segregated schools of that time were the type of education in most states throughout North America, these types of schools were unconstitutional because they performed a Separation of the different races since black children could not be in a white school and vice versa.

But the case of a 6 -and -a -half -year -old girl who was called Linda Brown who lived 10 blocks from her school was going to be announced, which was a black children’s school this I created a controversy since the girl had A school near his home just four blocks but this school was only for white children this was going to create a certain discontent by the father of the girl Oliver Brown who manages all the relevant procedures so that his daughter can study in that school near your house.

The girl when they arrived at school professors and students made the rejection they felt towards Linda Brown after this the authorities of said squad when they heard from the case separated the girl from this school located in the town of Topeka Kansas United States said action caused the disagreement by Mr.

Oliver Brown who made the different efforts to take his case to a judicial field.

Since he believed that the segregated schools were unconstitutional why they made discrimination towards the race because many of these schools also had great benefits towards white people at that time this was going to make a great benefit for society and His lifestyle because there was a well -known motto at that time which was the same but separated this was reflected through the treatment that people in black received.

How were Black Bathroom Bathrooms for Black Wagons for White Wagons This was going to change little by little because it took first step that was the change and acceptance of the people and color of the schools to add to give way to more changes in the future and that everyone can be within the same group and leave behind that concept of equals but separate since it could not be credible that state that New York doing the capital of the world has that political type for its Diversity of race.

There were different social organizations which intervened in this case but the most important was the NAACP the association of the progress of the people of color which I had as the main auditor and a hero that was little ignored in all the awards is Burnett McKinley who was the president of the Association of the Progress of the Color People which was the engine of the whole case since this person brought together Brown and 13 parents who in total would have about 21 children to impose that their rights were enforced since the same as the same but separate is an unusual concept and that would go against the naturalism that promulgates the US Constitution.

McKinley was a person who looked much earlier against racial segregation because he considered that to start the bad grass he would have to do it from the root, so he had to win in court so that his effort is reflected in the laws this character not only had The case of Oliver Brown 2 years before the same one happened a very similar case but due to the lack of evidence and the insecurity felt by people of color about whether they were going to be heard, that case I remain in nothing.

A very curious fact in the Brown case is that the case receives that name because when the case records in the prosecution it should be alphabetically but behind Brown were the remaining 12 parents who wanted to enforce their children’s rights because they felt that this law went against the fourth amendment of the Constitution which makes known.

"All persons born or naturalized in the United States and subject to the same laws are citizens of the United States and the State in which they reside."

Then the Court that I treat in the case took into account the rights of African Americans as a priority since it was not the first similar law said country.

Post events opinion

The Topeka School Ministry does not expect much time for the resolution of the case and made the inclusion of children of color in schools for white children this created an initiative which looked a bit dark. Since in Kansas since in tired there were few communities that have segregated schools because this law was promulgated only to communities that will go from 15000 inhabitants this was going to be the beginning of a difficult task which was going to be changing the thought of an entire country.

This gave way to force the Court to give a promulgation a year after all schools in states that have segregation are immediately discharged and that black children have a correct integration into any types of school freely and guaranteed by law giving way to this type of school segregated so that they will reach their end.

But not everything is pink since different state did not agree with this law a very famous example was that of the year 1957 where governor Orville Faubus disobeyed the rule and did not allow the school integration of children from other races to These white schools since he believed that the same but separated was one of the oldest laws and that corresponded to his moral

This gave way to the president of that time Dwight Eisenhower sent troops to intervene that state and thus be able to enhance the rights of African Americans applying force. In almost the majority of states the elimination of school segregation was normally reached to such an extent that after almost 3 years promulgated the law already existed 723 school districts where racial segregation did not exist and where black children enjoyed the same benefits as other children.

All this was overshadowed because some representatives approved 440 laws which established the elusive law but it was already late because in 1960 almost the majority of children already studied in racially integrated schools which said laws had no relevance

Almost on the western side of North America, racial integration was already a reality but the other face of the currency was the south since it had to only be in the 60s to be with the other states although this law is currently Racial segregation chaos is not yet in force, which is denounced but they take another type of denomination which we call bullying.

Legal problems.

This case began since 1951, starting a change preparation since the Brown case was one of those that was included in the more than 12 school segregation cases the case was called with the name of Oliver Brown because the Stipulus cutting the order in a alphabetical manner giving the name of Brown versus School Board A little recognized character was the lawyer of the entire case to which Thurgood Marshall was who at some point was the first member of the Supreme Court of Afronorteamerican race.

The decision of the court was a unanimous decision this was announced because they considered that segregated schools were unconstitutional because in the field of education it was not conceivable that there is the concept of equals but separate because education is the education is main base of the formation of each human being.

Therefore there could be no benefits for some and not for others because the participants of said court were in mind the fourteenth amendment which makes us understand that every person who is born or naturalized and within the jurisdiction of the United States

It has the same rights as others itself, the US Constitution does not see color or race and that it also not only serves to prosecute corrupt thieves but also that laws are enforced and that citizens’ rights are respected are white or African American.

A very relevant fact is that the court was based specifically on the fourteent As mothers and children were based on this, they had a support that was to enforce the sector’s sector rights and which is considered vulnerable

The Court took into account that African -American children should be accepted because many of these schools did not give the possibility of providing first level facilities how they did it with white people, it was also thought to create schools for African -American children who would have with materials of the same quality and the same level as the schools for white people but after an analysis it is. He considered that children could have a certain sentimentality of inferiority and could create a poor performance in the development of their school activities and in their daily lives.

Criteria, approach or method of interpretation applied

There were various guidelines since the court believed that school segregation was not positive for society and another means of solution in the case was trying to implement their own schools for African -American young people who will have the same qualities as a normal school of boys of white boys a relevant and positive appearance.

It was that after the approval of said law that promulgated to eliminate school segregation, this law was established and many schools of all the states that were segregated were given of casualties and school integration was implemented giving way to a positive change in inclusive in the country.

On the other hand, some disagreement was seen in the southern part of North America since these were the sectors where the largest number of segregated schools existed and therefore in some cases the force had to be used to intervene and enforce said law.

The representatives also the Court agreed with the claim since it felt that said law equal but separated was harmful in African -American children in the first instance of the trial, the judges had to be governed according to the law and being established in the Constitution, they were given failures against the plaintiffs there.

At first the case was not won, appeals had to be made by the twenty parents who, although they lost, felt that the appeal was impossible for them to leave the case or lose again because just having reached that courts that It was his greatest triumph. On the part, the acceptance of the people to said law in accordance with the provisions of the Constitution was never tried to be revoked.

Other pecting that helped the sun to the resolution of the case was that the Kansas court due to Plessy’s case against Ferguson where racial segregation was declared constitutional and even in public places where African -American people could not be in the same places as White people therefore the court felt forced to grant this small step due to the little ethics with which they carried the previous case where the rights of African Americans were trampled and left aside.

A relevant aspect in the case was that the Court feels pressed for misconducting laws Civil rights auditors also supported the acceptance of this case since it would be the first step for the elimination of different aspects of segregation.

Not only in the school environment but in other types of racism and did not take much time that after a year and a half there was the case of Martin Luther King headed the boycothing of Alabama Buses in protest against the segregation of public transport.

Why was the unconstitutionality of the legal norm declared?

On May 17, 1954, the United States Supreme Court in the Brown versus School Board determined that segregated public schools are unconstitutional this was the starting point of a social change. Before this historical case many states and the Columbia district had segregated school systems from the racial point of view, covered by the authority of the Supreme Court decision in the Plessy vs. Ferguson of 1896, which allowed segregation provided that the facilities were equal for all.

Oliver Brown from Topeka Kansas, challenged that philosophy of separate but equal in 1951, when he sued the city school board on behalf of his eight -year -old daughter. Brown wanted his daughter to attend the White School, which was five streets of her home, instead of going to school for black children who were at 10 streets away. After verifying that both schools were essential in the essentials a federal court failed against Brown.

Meanwhile, the parents of other black children presented that same type of demands in South Carolina, and Virginia de Occidente. The Delaware Court discovered that black schools were lower than those of their white counterparts and ordered black children to be transferred to white schools. However, school officials appealed the decision and took the case to the Supreme Court.

The Court listened to the arguments of all those cases at the same time. The allegations presented by African -American litigants complemented with data and testimonies of social psychologists and scientists, who explained the reasons why they claimed that segregation was harmful to African -American children.

The Court took into account that African -American children should be accepted because many of these schools did not give the possibility of providing first level facilities how they did it with white people, it was also thought to create schools for African -American children who would have With materials of the same quality and the same level as schools for white people but after an analysis it was considered that children could have a certain sentimentality of inferiority and could create a poor performance in the development of their school activities and in their daily life.

In 1954 the Supreme Court unanimously opinion that in the sphere of education the philosophy of separate but the same is out of place and failed that segregation in public schools denies African -American children the equality of protection under laws, which is one of the guarantees enshrined in the fourteenth amendment.

A very relevant aspect for the opinion of the Court was that the judicial aspects were in mind to keep in mind the non -transferable rights of the American Constitution where iusnaturalism prioritizes if this Constitution did not have present this doctrine would have been very complicated that inclusion occurs of those of African Americans in these schools since the Court acts according to morals and keeping in mind the rights of children in these segregation schools.