e cannot accept this proposition. If the two races are to meet on terms of social equality, it must be the result of natural affinities" (Pilgrim 2000).
Justice Henry Brown ruled that the Separate Car Act did "not conflict with the Thirteenth Amendment...A statue which implies merely a legal distinction between the white and colored races…the object of the Fourteenth Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color" (Cozzens 1995). This notion of separation of the races would be perpetuated in Southern legislation, separating whites from blacks in restaurants, theaters, restrooms, and public schools, until the deleterious effects of so-called morally neutral separate but equal legislation were detailed in its 1954 Brown v. Board of Education, under the arren Court. Finally, the Brown decision effectively…...
mlaWorks Cited
Cozzens, Lisa. "Plessy v. Ferguson." Black History. 1995. May 19, 2010.
http://www.watson.org/~lisa/blackhistory/post-civilwar/plessy.html
Pilgrim, David. "Plessy v. Ferguson: Separate isn't equal." Ferris State University. September 2000. http://www.ferris.edu/jimcrow/links/misclink/plessy/
The Constitution does not specifically say either one, so the Court is interpreting the law, but not doing it in the same way each time.
The majority does not seem to understand the significance of its decision as far as other aspects of life. It dismisses the idea that this law would create additional discriminatory laws. The minority believes that "if a state can prescribe, as a rule of civil conduct, that whites and blacks shall not travel as passengers in the same railroad coach, why may it not so regulate the use of the streets of its cities and towns as to compel white citizens to keep on one side of a street and black citizens to keep on the other?"
Finally, the minority opinion also understands the relevance of the case more than the majority. As it points out, "In some of the states, a dominant race -- a…...
Brown v. Board of Education of Topeka
In Plessy v. Ferguson (1896) the United States Supreme Court upheld racial segregation of passengers in railroad coaches as required by Louisiana law. Three years later the Supreme Court was asked to review its first school case dealing with equal treatment of school children. In Cumming v. Richmond County Board of Education (1899) the court found that the temporary cessation of services for minority high-school children did not violate equal protection even though services continued at the high-school for Caucasian children. The Court reasoned that the closing of the school was based on economic considerations, and was not found to represent bad faith or an abuse of discretion. The court concluded that although all must share the burdens and receive the benefits of taxation, school finance was a matter belonging to the states and federal interference without a clear and unmistakable disregard for constitutional…...
mlaWorks Cited
"Brown v. Board of Education." Oracle Think Quest Education Foundation. 2011. 14 June 2011. < http://library.thinkquest.org/J0112391/brown_v__board_of_education.htm>
"Brown v. Board of Education - 1954,1955." United States Courts. The History of Brown v. Board of Education. 2011. 14 June 2011.
Cambron- McCabe, Nelda H., Martha M. McCarthy, and Stephen B. Thomas. Public School Law: Teacher's and Student's Rights. 5th Ed. Boston, MA: Pearson Education Inc., 2004.
Meador, Derrick. "Brown v. Board of Education Summary." About.com. Teaching. New York Times Company. (2011). 16 June 2011.
Brown v. Board of Education
Its Legal and Historical Legacy, then and today
Brown v. Board of Education (1954) is one of the seminal legal markers of the civil rights era. The U.S. Supreme Court's finding in favor of Brown marked the transformation of the civil rights movement from a social and a historical force to one that had created a real, measurable political and legal impact upon American society. It changed American law, invalidating Plessy v. Ferguson 1896's allowance of supposedly separate but equal accommodations between the races. In the minds of African-Americans, the Supreme Court decision stated, there could be no such equality of the races in separation, in actuality, because separation of any racially influenced kind inevitably resulted in inequality, psychologically as well as practically. This was true particularly in the impressionable minds of children.
In arguing as for the relevance of Brown today in education, thus its legacy seems…...
mlaWorks Cited
Brown v. Board of Education. (1954). U.S. Supreme Court Decision. Findlaw. Retrieved on May 3, 2004 at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=347&invol=483
Wilson, Julius. (1999) The Bridge over the Racial Divide. University of California Press.
Brown v Board of Education is one of the most famous landmark cases in American court history. Set against the backdrop of the early 1950s, just as the civil rights movement was beginning to heat up, Brown v Board of Education changed the face of American schools in a significant way and set the stage for further more sweeping reforms in other areas, such as worker discrimination and fair labor laws.
The stage for the conditions that led to Brown v Board of Education was a set of laws that rose out of the civil war restoration period called the Jim Crow laws. These laws varied from state to state and existed primarily in the South. These laws created separation of whites from blacks. Some of these laws include that blacks must sit at the back of the bus and relinquish their seat if a white passenger needed, blacks were supposed…...
mlaWorks Cited
Bolling v Sharpe U.S. District Court, Washington D.C. (1947)
Briggs v Elliott U.S. District Court. (1950)
Brown v. Board of Education, 349 U.S. 294 (1955) (USSC+) Syllabus
Cozzens, Lisa. "Brown v. Board of Education." African-American History. (Online) May 25, 1998. Accessed November, 2002.http://fledge.watson.org/~lisa/blackhistory/early-civilrights/brown.html .
When Brown vs. Board of Education came to the courts the judges ruled that the school law allowing "separate but equal educations" was unconstitutional which set the stage for the later examination of special education students being "separate but equal" in the district's treatment of their education.
I agree with the decision that was handed down and believe that one justice decision summed up the facts when it comes to any student, including racially divided or special educationally divided or gender divided students when he said:
Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide…...
mlaREFERENCES
Brown vs. Board of Education (accessed 4-23-07)
http://www.watson.org/~lisa/blackhistory/early-civilrights/brown.html
Brown vs. Board of Education (accessed 4-23-07)
Brown vs. Board of Education
A landmark court case that occurred in the early 1950's resulted in the desegregation of public schools. This historic Supreme Court case was known as Brown vs. Board of Education. The place was Topeka, Kansas, 1951. A little girl named Linda Brown and her father, Oliver Brown, attempted to enroll Linda in a neighborhood elementary school that accepted whites only. The request was denied, by the hite elementary school. The little girl only lived a few blocks from the hite elementary school, which would have been a good fit for her. Instead, she ended up traveling about a mile each day to attend the nearest Black school.
Brown decided to request the help of the National Association for the Advancement of Colored People (NAACP). The NAACP was glad to help in the fight. Mr. Brown and the NAACP moved forward and challenged the segregation law. In 1892,…...
mlaWorks Cited
Brown vs. Board of Education, 347 U.S. 483. 1954. Appeal from the United States
District Court for the District of Kansas [online]. Washington, DC: The National
Center
for Public Policy Research; available from
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomplish. At the time when they were incorporated into the Constitution, it required little knowledge of human nature to anticipate that those who had long been regarded as an inferior and subject race would, when suddenly raised to the rank of citizenship, be looked upon with jealousy and positive dislike, and that State laws might be enacted or enforced to perpetuate the distinctions that had before existed. Discriminations against them had been habitual.
100 U.S. 303, 306).
Furthermore, while the Court's decision was based on Strauder's right to an impartial jury, the Court believed that all-white juries were discriminatory against the potential jury pool. It held that:
The very fact…...
mlaReferences
Bolling v. Sharpe, 347 U.S. 497 (1954).
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).
Civil Rights Act of 1875, 18 Stat. Part III, p. 335 (Act of Mar. 1, 1875).
Gratz v. Bollinger, 539 U.S. 244 (2003).
Representative X:
As healthcare legislation continues to be debated in the House and Senate, I would like to express my support for the continuation of one, significant policy that was instituted under the Affordable Care Act (ACA), namely the idea that young people under the age of 26 should be permitted to remain on their family's health insurance policies. The current generation of young people is graduating with more college debt than ever before and many new graduates are forced to take jobs that do not offer full benefits. The rise of freelance employment also means that many young persons may be forced to forgo jobs with health insurance.
Buying independent insurance is a significant cost, even though ensuring that young and healthy people are in the health insurance risk pool is necessary to keep overall healthcare costs low. Preventative early care can also reduce the need for more costly secondary are…...
Ferguson required that the decision of the lower court be affirmed. The Court agreed with Mr. Sweatt. While the University of Texas School of Law "may properly be considered one of the nation's ranking law schools," Justice Vinson wrote for the Court, such could not be said for either version of the law school for African-American students (d. At 633). "n terms of number of the faculty, variety of courses and opportunity for specialization, size of the student body, scope of the library, availability of law review and similar activities, the University of Texas Law School is superior, " noted the Court (d. At 633-634). Moreover, Justice Vinson continued, in no way could the new institution compare with the University of Texas School of law in terms of more intangible measures, either (d. At 634).
Although the decision in Sweatt was a vitally important step in the creation of justice…...
mlaIt was amid this turmoil that the U.S. Supreme Court then issued its decision in Griffin v. County School Board of Prince Edward County, 377 U.S. 218 (1964), or, as the case is colloquially known, Brown II. Faced with the problems and impediments to integration created by Senator Byrd's "massive resistance" campaign in Virginia, the Court made it the responsibility of the U.S. District Courts to implement school desegregation and ordered that they do so "with all deliberate speed." (Id. At 234).
Few today can argue the correctness of the Court's decision in Brown v. Board, or the case that came before it, and upon which it so heavily relied, Sweatt v. Painter. Few cases exist, moreover, that were of greater importance, and so directly affected the lives of so many.
Ultimately, the State did open the Texas State University for Negroes in Houston with "a faculty of five full-time professors; a student body of 23; a library of some 16,500 volumes serviced by a full-time staff; a practice court and legal aid association" (Id. At 633). This law school, at Texas Southern University, is today named the Thurgood Marshall School of Law.
Timeline
American education has evolved considerably since the late 19th century. One of the first philosophers to influence the character of modern American education was John Dewey. Dewey was a progressive, and believed that children should not just sit in classrooms passively memorizing material. Instead, students should learn via experience and interaction with their environments. Dewey's humanistic approach to education revolutionized the ways people thought about schooling and pedagogy. A timeline of American education begins with Dewey, because he was the person to first codify the structure and philosophy of education, and then offer the methods and means to implement those ideas. Dewey is known as a "pragmatist" because of his ability to fuse philosophy and practice, and had "the most significant contribution to the development of educational thinking in the twentieth century," (Smith, 2001).
Maria Montessori was the first female to become a doctor in Italy. Working closely with children inspired…...
mlaReferences
"No Child Left Behind Worsened Education, 48% Of Americans 'Very Familiar' With The Law Say In Gallup Poll," (2012). Huffington Post. Retrieved online: http://www.huffingtonpost.com/2012/08/21/no-child-left-behind-wors_n_1819877.html
Smith, M.K. (2001). John Dewey. Infed. Retrieved online: http://www.infed.org/thinkers/et-dewey.htm
Smith, M.K. (2012). Maria Montessori. Infed. Retrieved online: http://www.infed.org/thinkers/et-mont.htm
Although that case involved jury selection, the Court established a standard for alleging racial discrimination in prosecution. The Court held that the defendant has to show that he is a member of a cognizable racial group, that the prosecutor has acted in a manner having a discriminatory effect, and that the procedure in place allows those who choose to discriminate the leeway to do so. Once a defendant has established a prima facie showing of discrimination, the State then has the burden of proving race-neutrality. (Batson v. Kentucky, 476 U.S. 79, 96-98 (1986)). The clear reasoning of the Batson decision would suggest that since Bass could show that he is an African-American, that African-Americans are disproportionately subject to the death penalty, and that the decision whether to charge a defendant with the death penalty is left to the discretion of the prosecutor, that he has established a prima facie…...
mlaWorks Cited
Batson v. Kentucky, 476 U.S. 79 (1986).
Brown v. Board of Education, 347 U.S. 483 (1954).
Plessy v. Ferguson, 163 U.S. 537 (1896).
United States v. Bass, 2001 FED App. 0340P (6th Cir.).
Same Sex Marriages Should Be Legally Sanctioned
Some of the most pervasive problems that exist within American society today are the problems of prejudice, stemming from fear of what is different and seems to be alien. Only by making what is alien seem to wear a more familiar, human face, can such deep-seated hatred be uprooted and destroyed. Prejudice, and the violence that is the result of such hatred, is particularly virulent against those individuals whom identify as homosexual, even if they wish to form stable and legitimate marital unions until death do them part. One of the reasons for this is because homosexuality is still seen as a vice, rather than as a legitimate bond between two loving people. The solution to this problem is to legally sanction same-sex marriages, giving same-sex unions equal legal and moral legitimacy as heterosexual unions.
Conservative opponents of same-sex marriages are quick to cry that…...
mlaWorks Cited
George, Robert P. (Nov. 28, 2003): "One Man and One Woman." Wall Street Journal. A8.
Thomas, Evan. (July 7, 2003): "The War Over Gay Marriage." Newsweek. P.38.
Supreme Court
In the landmark decision Brown v. Board of Education in 1954, the United States Supreme Court overturned the "separate but equal" standard adopted by the 1892 Plessy v. Ferguson. Until Brown v. Board of Education passed, American public schools were segregated. Brown v. Board of Education transformed American society by outlawing racial segregation. Now that American schools are integrated, the Brown v. Board of Education decision seems immutable. However, the decision potentially represents an overstepping of the Judicial Branch's power. While most people would agree that the decision of Brown v. Board of Education was absolutely mandatory, others would note that from a purely rational standpoint, the Supreme Court overstepped its role as an interpretive body.
In its reasoning, the Court relies on the research conclusion of psychologists as one of the bases of its decision. Although psychology may be considered to be a "soft" science, it is a science…...
statistics showing that English boys are performing worse than their oversees counterparts. Then I list some of the possible reasons boys are falling behind and some of the solutions. I end with what I feel is a viable solution to the problem of boys falling behind.
Are boys in England falling behind there female counterparts? If the answer to this question is yes, then why, and what can be done to address the problem. In an age of fierce competition, it is no longer enough to just let "boys be boys" The question is How can we balance the learning needs of boys with the needs of girls. It seems society is on a pendulum, first favoring boys, then favoring girls. We cannot go back and forth, favoring one gender at a time. The pendulum needs to stop swinging, but how do we balance the needs of boys with the…...
mlaBibliography
Burke, Peter. "Gender Identity, Sex, and School Performance." Social Psychology
Quarterly 52(2): 159-169.
Chanstang, Carol. " Private All-Girl Schools Are Gaining Favor in Light of Reports That
Public Education Suffers From Gender Bias Favoring Male Students." Los
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