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Critically discuss the nature of childrens rights
Plessy v Ferguson case brief
Critically discuss the nature of childrens rights
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Brown v. Board of Education, which was the 1954 Supreme Court decision ordering America’s public schools to be desegregated, has become one of the most time-honored decisions in American constitutional law, and in American history as a whole. Brown has redefined the meaning of equality of opportunity, it established a principle that all children have a constitutional right to attend school without discrimination. With time, the principles of equality that were established, because of the Brown trial, extended beyond desegregation to disability, sexuality, bilingual education, gender, the children of undocumented immigrants, and related issues of civil equality. The Brown decision has generated numerous writings that are used to understand the meaning of the decision; Brown v. Board of Education, …show more content…
written by James T. Patterson, examines the political, social, legal, and educational controversies that sparked in the 1940s from the Brown trial. Patterson looks at a range of questions, which included questions like, could the courts have done more to demand compliance with Brown, and did Brown deeply influence the Civil Rights movement? He also analyzes the origins and consequences, and examines the aftermath of Brown. The big question that is addressed throughout the book is whether Brown marked a step toward civil rights. Patterson starts the book by telling the story of Chief Justice Earl Warren became outraged when he discovered that his black chauffeur could not find any lodging in the city of Richmond while Warren was visiting Civil War sites. In 1954, Earl Warren and the Supreme Court agreed on the decision to overturn Plessy vs. Ferguson. Later in the book, Patterson brings the narrative to the present, and asks questions about the usefulness of court-ordered busing for achieving school desegregation and to what extent courts can or should play a major role in social change in a democratic society. He ends by examining the relationship between the much-debated academic or “racial achievement gap” and school desegregation. Throughout the book, Patterson introduces a range of characters that help animate the story, like African Americans who dared to challenge Jim Crow with lawsuits; to Thurgood Marshall, who was the chief attorney for the black families that initiated the trial. Patterson, in his introduction, looked at the limitations to Brown; particularly in the structure of racial inequality in the United States. He shows that, as much as Jim Crow angered people like Warren, it did not anger them enough to change their outlook on American society, they did not even free their black chauffeurs. He shows America’s stance, and the conflict with it, towards race. Patterson’s view points the way to more extensive understandings of Brown, and to new historical inquiries. In his narrative, Patterson talks about the struggle African Americans go through in order to receive a decent education.
In 1896, the Supreme Court decided in the Plessy v. Ferguson trial, that “separate but equal” schools for blacks and whites did not violate the Fourteenth Amendment. Eventually, “separate but equal” became an aspect of American life. He also uses his view points to help describe the San Antonio v. Rodriguez case, which had the potential to revolutionize funding in public schools. The decision of San Antonio v. Rodriguez could have helped the United States take a step towards social and racial equality in America. Patterson shows that the upper middle class whites supported this racial equality, as long as it was cost free, and as long as it did not take away from their own kid’s education. However, the Supreme Court did not agree with Rodriguez and it was ruled 5-4, meaning that education will continue to be controlled locally. As Rodriguez’ trial decision was made clear, the topic of desegregation in schools became a more complex topic, especially once it moved out of the south; due to the fact that many northerners were opposed to
desegregation. In Patterson’s conclusion, he refers to the Brown trial in 1954 as a watershed event, meaning that the country had basically separated into two sides on this topic in America. In the end, the Brown decision brought not as many ground-breaking changes in relations to race that some had hoped for. Patterson examined both sides of the decision and showed clarity and balance while doing so.
Before the decision of Brown v. Board of Education, many people accepted school segregation and, in most of the southern states, required segregation. Schools during this time were supposed to uphold the “separate but equal” standard set during the 1896 case of Plessy v. Ferguson; however, most, if not all, of the “black” schools were not comparable to the “white” schools. The resources the “white” schools had available definitely exceed the resources given to “black” schools not only in quantity, but also in quality. Brown v. Board of Education was not the first case that assaulted the public school segregation in the south. The title of the case was shortened from Oliver Brown ET. Al. v. the Board of Education of Topeka Kansas. The official titled included reference to the other twelve cases that were started in the early 1950’s that came from South Carolina, Virginia, Delaware and the District of Columbia. The case carried Oliver Brown’s name because he was the only male parent fighting for integration. The case of Brown v. Board o...
The Plessy vs. Ferguson (1896) ‘equal but separate’ decision robbed it of its meaning and confirmed this wasn’t the case as the court indicated this ruling did not violate black citizenship and did not imply superior and inferior treatment ,but it indeed did as it openly permitted racial discrimination in a landmark decision of a 8-1 majority ruling, it being said was controversial, as white schools and facilities received near to more than double funding than black facilities negatively contradicted the movement previous efforts on equality and maintaining that oppression on
The case started with a third-grader named Linda Brown. She was a black girl who lived just seen blocks away from an elementary school for white children. Despite living so close to that particular school, Linda had to walk more than a mile, and through a dangerous railroad switchyard, to get to the black elementary school in which she was enrolled. Oliver Brown, Linda's father tried to get Linda switched to the white school, but the principal of that school refuse to enroll her. After being told that his daughter could not attend the school that was closer to their home and that would be safer for Linda to get to and from, Mr. Brown went to the NAACP for help, and as it turned out, the NAACP had been looking for a case with strong enough merits that it could challenge the issue of segregation in pubic schools. The NAACP found other parents to join the suit and it then filed an injunction seeking to end segregation in the public schools in Kansas (Knappman, 1994, pg 466).
The case of brown v. board of education was one of the biggest turning points for African Americans to becoming accepted into white society at the time. Brown vs. Board of education to this day remains one of, if not the most important cases that African Americans have brought to the surface for the better of the United States. Brown v. Board of Education was not simply about children and education (Silent Covenants pg 11); it was about being equal in a society that claims African Americans were treated equal, when in fact they were definitely not. This case was the starting point for many Americans to realize that separate but equal did not work. The separate but equal label did not make sense either, the circumstances were clearly not separate but equal. Brown v. Board of Education brought this out, this case was the reason that blacks and whites no longer have separate restrooms and water fountains, this was the case that truly destroyed the saying separate but equal, Brown vs. Board of education truly made everyone equal.
Kluger, Richard. Simple Justice: The History of Brown V. Board of Education and Black Americas Struggle for Equality.
The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supreme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s...
At the time of the African-American Civil Rights movement, segregation was abundant in all aspects of life. Separation, it seemed, was the new motto for all of America. But change was coming. In order to create a nation of true equality, segregation had to be eradicated throughout all of America. Although most people tend to think that it was only well-known, and popular figureheads such as Martin Luther King Junior or Rosa Parks, who were the sole launchers of the African-American Civil Rights movement, it is the rights and responsibilities involved in the 1954 Brown v. Board of Education decision which have most greatly impacted the world we live in today, based upon how desegregation and busing plans have affected our public school systems and way of life, as well as the lives of countless African-Americans around America. The Brown v. Board of Education decision offered African-Americans a path away from common stereotypes and racism, by empowering many of the people of the United States to take action against conformity and discrimination throughout the movement.
Smith, Alonzo N. “Project Essay” Separate is not equal: Brown v. Board of Education. URL: http://americanhistory.si.edu/brown/resources/pdfs/projectessay.pdf
African Americans are still facing segregation today that was thought to have ended many years ago. Brown v. Board of Education declared the decision of having separate schools for black and white students to be unconstitutional. As Brown v. Board of Education launches its case, we see how it sets the infrastructure to end racial segregation in all public spaces. Today, Brown v. Board of Education has made changes to our educational system and democracy, but hasn’t succeeded to end racial segregation due to the cases still being seen today. Brown v. Board of Education to this day remains one of the most important cases that African Americans have brought to the surface for the good of the United States. Brown v. Board of Education didn’t just focus on children and education, it also focused on how important equality is even when society claimed that African Americans were treated equal, when they weren’t. This was the case that opened the eyes of many American’s to notice that the separate but equal strategy was in fact unlawful.
Patterson, James. “Brown v Board of Education: A Civil Rights Milestone and Its Troubled Legacy (Pivotal Moments in American History).” Oxford University Press., 2001.
“Separate is not equal.” In the case of Plessey vs. Ferguson in 1896 the U.S. Supreme Court said racial segregation didn’t violate the Constitution, so racial segregation became legal. In 1954 the case of Oliver Brown vs. Board of Education of Topeka this case proved that separate is not equal. Oliver Brown vs. Board of Education of Topeka was revolutionary to the education system, because colored people and Caucasians had segregated schools. The Caucasians received a better education and the colored people argued that they were separate but not equal. This would pave the way for integrated schools and change the education system as we knew it.
The Brown vs Board of Education as a major turning point in African American. Brown vs Board of Education was arguably the most important cases that impacted the African Americans and the white society because it brought a whole new perspective on whether “separate but equal” was really equal. The Brown vs Board of Education was made up of five different cases regarding school segregation. “While the facts of each case are different, the main issue in each was the constitutionality of state-sponsored segregation in public schools ("HISTORY OF BROWN V. BOARD OF EDUCATION") .”
“IT IS NO ACCIDENT that the pivotal Supreme Court decision launching the modern civil rights movement was an education case -- the 1954 Brown v. Board of Education of Topeka ruling. IN MANY WAYS, the drive to end segregated education and to put African American and white children in the same classrooms was the most radical and potentially far-reaching aspect of the civil rights movement” (ww.civil rights.com). And since this time the faces of the classroom have changed and been redefined. Students of all races, language backgrounds and learning abilities create a classroom of learners like never before. But, often the impact of the 1954 ruling was questioned because many wondered were all students in a better position now? It wasn’t until 2002 under NCLB that schools now mandated all schools must prove that infact all students were offered the same education. “Under the 2002 law, states are required to test students in reading and math in grades 3–8 and once in high school. All students are expected to meet or exceed state standards in reading and math by 2014” (www.k12.com). Unfortunately,
Unger, Harlow G. "Brown v. Board of Education of Topeka, Kansas." Encyclopedia of American Education, 3rd Edition. New York: Facts On File, Inc., 2007. African-American History Online. Facts On File, Inc. Web. 19 Nov. 2011.
Even though the Brown v. Board of Education was 62 years ago, African Americans are still fighting to have an equal education opportunity. “But many schools are as segregated today as they were before the ruling, and black children throughout the United States are performing at the bottom of the American educational system” (Jackson 1). Nevertheless, it took decades of hard work and struggle by numerous African Americans for a better education system. Education is the key to success, it gives people the knowledge that they need to strive and become more intelligent thinkers, which leads to more opportunities for them in the job industry. Ever since the Civil Rights Act of 1964, which banned discrimination of any kind, African Americans have every right to have this equal educational opportunity like everyone else. But yet, they were stopped in their tracks by disapproving Americans, who confined the succession of African Americans in the education system. Now that we are in the 21st century, there’s still negligence on black’s education. The black community do not have equal education opportunities because of the lack of funding, poverty experienced by the children in the neighborhoods and society’s views of the black community.