Brown v. Board of Education of Topeka (1954) is often considered as one of the "most important Supreme Court cases in American history" because it outlawed de jure racial segregation in public education, thus overturning the "separate but equal" doctrine maintained since Plessy v Ferguson (1896). Certainly, it "set the nation on the path toward genuine racial justice". However, its enforcement was not immediate and encountered great resistance. After considering the relationship between races and the constitution prior to 1954, this essay will analyze how the reversal of the "separate but equal" doctrine by the Supreme Court in 1954 was possible, and will examine its consequences. However, the Southern States used the "all deliberate speed" formula to maintain the status quo in public education for 15 years. Despite the path-breaking decision in favor of Brown, the way to genuine racial justice was a long and tortuous one.
[...] (1999) Politics USA, 1st ed. NORTON M.B. et al. (2003), A People and a Nation, brief 6th ed. Table of Cases Alexander v Holmes County (1969) Brown v Board of Education of Topeka (1954) Dred Scott v Sandford (1856) Plessy v Ferguson (1896) MCKEEVER J., ZVESPER J., MAIDMENT R., (1999) Politics USA, 1st ed, p.386 ibid. p.386 National Association for the Advancement of Colored people. [...]
[...] It was not until 1954 that the Court parted from these previous interpretations and adopted a decision highly desirable on moral grounds. However, the Southern States used the deliberate speed” formula to maintain the status quo in public education for 15 years. Therefore, despite Brown, the path to genuine racial justice was therefore a long and tortuous one. Bibliography FALLON R. (2005), The Dynamic Constitution MASON T. and STEPHENSON D.G. (2005), American Constitutional Law, 3rd ed. MCKEEVER J., ZVESPER J., MAIDMENT R. [...]
[...] Constitution. But the decision only increased the northerners' resentment, and this became one of the key points that led to the civil war (1861-1865). At the end of the war, the Thirteenth amendment to the Constitution, abolishing slavery, was passed; and in 1866, the Fourteenth amendment was ratified in response to black codes that the southerners had passed in order to deprive African-American of their civil rights. The Tourteenth amendment overturned the Dred Scott case's decision by granting -in section - citizenship to persons born or naturalised in the United States”. [...]
[...] Thus, the Brown decision did not present a strong constitutional argument. It is seen rather as a “result- oriented jurisdiction”[2] which attested to the decision by the Supreme Court to interpret the Constitution in accordance with social and cultural changes. It is important to note that the Supreme Court did not predate the civil rights movement, but it certainly gave it the influential impetus. Indeed, from 1910, the NAACP[3] had already undertaken a long campaign to denounce the inequality of racial segregation; a campaign that climaxed in the Brown case (in fact a collection of cases brought together by the NAACP in front of the Supreme Court). [...]
[...] But the court decision in Brown v. board of education reversed the Plessy v Ferguson decision on the grounds that “separate educational facilities are inherently unequal” and therefore unconstitutional under equal protection of the laws guaranteed by the Fourteenth amendment”. However, it is interesting to note that the Warren court did not refute the Plessy v Ferguson reasoning and even stated that: ”There are findings below that the Negro and white schools involved have been equalized, or are being equalized with respect to [ ] ‘tangible' factors”. [...]
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