Brown v Board of Education

Background Information:

In Topeka Kansas, where segregated school systems were part of tradition and law. Black and Whites were forced to learn apart from each other due to the Plessy v Ferguson case, where the "separate but equal" clause was placed. Brown sued the board for violating the 14th amendment, that blacks were not given the same opportunities academically due to segregation of schools based on someones race. Brown argues about how faithful our country can be to a law that was made almost 50 years prior to this case.

Brown's Argument:

• Ethical Argument

• Establishment of schools for different races is ethically unfair

• Can cause angerment and endangerment of others and also causes children of different races to be hostile towards each other

• Children will not be able to cope with being segregated

• Gives a social statues to the races just by the school they go to and blacks will never be able to be in the same class due to segregation

With the segregation law in place, African-Americans can never climb to the same social status as whites because of the academic disadvantage they have. If the races are separated their entire lives then they may become hostile towards each other.

• Bible Argument

• Schools were not the only thing segregated at this time such as churches

• Black christians were fighting for the same rights as white christians to worship in their house of choice

• “God created man in his own image” Genesis

• “Neither slave nor free they are all one in Jesus Christ”

• Gospel was proclaimed to all nations for all people and that all are one without regard to race

God made man in his image so in the word's of the Bible, then all men were created equal. If blacks are fighting for their right to worship in their house of worship then why should they be segregated where they are taught as well?

• Law: Equal Protection Clause

• 14 amendment bans distinction of races

• Unconstitutional to segregate schools solely based on race

• There is nothing equal when it comes to segregation of schools

• We are not allowed to propose distinction based on race

Even though the "separate but equal" clause is the law when it comes to segregation in no way is the education received by blacks compared to whites equal. White schools have more resources and materials such as books and better trained teachers. Under the 14th Amendment, Brown argued that someone should not go to a certain school solely based on the color of their skin.

• Economy: Intuition

• Whites can take bus or walk to white near by schools while blacks have to travel far for school in their own way: financial hardship

• White schools are much nicer than blacks just by the eye

• White campus have better teachers and more resources

• Blacks have lesser classes and less choices to choose from in the curriculum costing more money to transport and teach

• Better books and trained teachers

White students are given schools that are closer to their homes and also provides bus transportation to school. Black students must travel far away on their own expense, giving an unfair financial comparison to whites. White schools may receive funding and donations from outside sources giving them a better environment to learn in along with textbooks and learning materials that some black students may not receive.

Board of Education:

• Segregation

• To keep peace since they are being treated the same and in the correct environment

• Not broke so dont fix it

• Not violating their rights under the 14th since given both races have equal opportunity

The board argues that the segregation of whites and blacks keep the peace. That if black students were to enter the white education system that some students would feel intimidated. Since both races are given school systems to learn in then the board argues that in no way is there any violation of the 14th Amendment.

• Supreme Court should not dictate laws of Topeka Kansas

• Housing, zoning, and segregation

• The living situations were already zoned to the benefit of each race

• The zoning of the races already provides a segregated community so naturally they will go to the schools in their zones

• Outside resources such as donators

• Federal govt cannot control these laws, home rule: community to make decision on their own

Even if black students were given the right to choose the school they attended, the zoning in which they live in would just go to the schools in their zone. Segregation of housing already provides a color barrier and there has not been any problems as they argue. The Board argues that the community should be the ones to determine if the school system should be segregated. The federal government should have no say in the state's laws when it comes to how a state should run its education.

• Ethical and Racial Problems

• Non Segregation would cause fights and tension

• Outside funding for private schools give better situation to whites but you can not control how and who donates money to school

• Could make the black children in a white school intimidated an fearful in the community, in their school from other white children

Since the races already live apart from each other, putting them together everyday for almost 8 hours could cause problems. This could cause violent and academic problems. A black student may not succeed solely based on the environment they are in, an all white student body could bring down the self-esteem of some students. The board argues that the races prefer to learn with each other.

• Law

• No law that says whites and blacks must attend school together

• Blacks would be behind blacks in education and would take time for them to catch up

• Blacks still trying to catch up from slavery and jim crow laws so they can feel safe and secure with their own race

The Board also argues that with slavery and the Jim Crow era that black people are much further behind the academic level of whites. With this being said black people may not feel safe in school. With racism still very active in the country black students may be bullied by the students and in some cases the teachers and that is just how they were brought up. Back then almost every white person grew up racist due to their parents being from the Jim Crow era, giving a hostile attitude towards these black students.

• Constitution

• 1896 segregation made legal from plessy v ferguson

• The nation has been thriving with the equal but different situation

• Equal opportunity in their available schools

• If Brown won there would be issues so why change what is working?

• Uphold this past court decision

• Loss trust of people if they make this switch of a movement towards civil rights

In conclusion, the Board wrapped up their arguments by stating that if the law is working leave it alone. Segregation has been legal since 19896 so why should they change it? The country had been doing well with the current status it is in since blacks were given available schools an equal opportunity. The government cannot stop people from funding or donating to white schools. Also, if the Supreme Court was to change their minds on this law then the trust of the people would be lost. That they can make any law then take it away just like that seeing that the segregation laws are only 50 years old.

Conclusion:

In my own opinion and also with the case the verdict went towards Brown. The Supreme Court ruled that the segregation of schools was unconstitutional under the "separate but equal" clause. That even though black students are provided with an education for themselves they are not getting equal opportunities when it came to graduating and attending different types of schools. Yes these races are already segregated but keeping them that way could result in a greater color barrier than can never be broken in future events. By giving the verdict of the case to Brown, African-American students were able to attend any school no matter their race or color. This came out as a win for the black community and the civil-rights battle paving the way for other unconstitutional segregation laws.