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Issues Raised by the Brown Decision
Was the Constitution intended to be colorblind?
Many times has this question been asked, and many times has the answer been undetermined. Although it is impossible for anyone to know the true intentions of the Framers of the Constitution, it is possible for us to look at the Constitution and try to see what the Framers had intended. During the time in which the Constitution was written, there were very, very few minorities and the ones that were present were enslaved, held incredibly low paying jobs, and were treated blatantly unequally. However, despite this obvious inequality, minorities did not uprise or protest, so this sort of thing was not a large political issue at the time. Although, the Framers did allow for an amendment process, so that issues not present at the time it had been written could be included in the Constitution as they came into view on the American political spectrum. By allowing for the amendment process to take place, the Framers allowed the future citizens of America to shape the Constitution. So, whether or not the Constitution was intended to be colorblind, it was made that way by America.
Did the Brown decision promote or demote racial
conflict?
This question has been debated by many and has yet to be answered fully. Many claim that the Brown decision ultimately set Black Americans farther back than they ever had been concerning socio-economic status and integration. Many claim that the Brown decision was the single best thing that could have been done for the black communities across America. However, the Brown decision had many benefits as well as many detriments that became quite obvious years after the decision had been made. One thing that the Brown decision led to was Affirmative Action, which provides equal opportunities for minorities in achieving higher education and in getting jobs. This program actually promoted racial conflict because it allowed possibly underqualified minority students and workers to obtain jobs and educations that non-minorities deserved. This caused the non-minorities to be angered that underqualified people were stealing their jobs and education, solely on the basis of race, was this not reverse racism? Was this not the very thing we were trying to avoid, only in a different setting...non-minorities being discriminated against rather than minorities? In this sense, The Brown decision promoted racial conflict. On the other hand, the Brown decision allowed for minorities to gain much needed work experience and further themselves as a whole.
Was educational integration necessary in order to achieve full and equal citizenship for African-Americans?
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Background
In the town of Topeka, Kansas a girl by the name of Linda Brown was forced to ride a bus 5 miles to school when the local public school was located just 4 blocks from where she lived. Although Linda met all the academic requirements to attend that school, there was one thing that held her back. She was black- and black children were not allowed to attend white children's schools. The landmark decision of Plessy v. Furgeson in 1896 held that the idea of "seperate but equal" concerning public facilities (including schools) did not violate the Constitution. Seperate schools for blacks and whites became almost a basic rule in southern and more rural areas, and segregation was legal. More than 50 years later, in 1954, the doctrine of "seperate but equal" was challenged. In order gain equal educational and social opportunities, leaders of the African-American community decided to take action against the schools of America. A group of 13 parents filed class actions suits against the Board of Education of Topeka Schools with the help of the local chapter of the NAACP. On May 17, 1954, the Supreme Court ruled in a unanimous decision that seperate was not just unconstitutional, but "inherently unequal". It was deemed unconstitutional because it violated the student's 14th amendment rights because they had been separated solely because of the color of their skin. Chief Justice, who delivered the court's decision stated that "segregated schools are not equal and cannot be made equal, and hence they are deprived of the equal protection of the laws." This ruling was infact the single most important and groundbreaking step that America took in favor of Civil Liberties. |
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