Brown v Board of Education

Brown v Board of Education - Brown o Minority children...

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Brown o Minority children deprived of 14 th am equal protection of the law through segregation? o Detrimental effect bc sign of inferiority o Separate but equal inherently unequal o 14 th am-equal protection of the law o Plessy-1896-separate but equal o Vinson-chief justice before warren, died, hesitant to desegregate schools o Unanimous ruling-send clear message, more powerful o Data from social scientists rather than constitutional support & precedent o Consider public education in light of present place in American life o Separate inherently unequal o Applicability of 14 th am’s equal protection clause? o Way court framed opinion would be just as important as what decision held o Racial segregation violated equal protection clause o Give S chance to digest fact that segregation would end o 1954 o Triggered civil rights revolution of 50s and 60s o Shift in role of SC in American life o Lack of rigorous constitutional analysis o Common sense, justice, and fairness more important than doctrinal hairsplitting to
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Unformatted text preview: Warren o Key finding: not on precedent or 14 th am’s history, but belief that racially segregated facilities not equal, could never be equal, detrimental effect on AfAm children o Contemporary social perceptions rather than on doctrine o Paved the way for integration and civil rights movement o VA Senator Harry Byrd-massive resistance, close schools o Alabama Govr George Wallace-blocked UAlabama door-segregation now, segregation tomorrow, segregation forever o Little Rock, AK 9 students not allowed at integrated Central HS by Gov Orval Faubus, used Natl Guard Intervention of Eisenhower-airborne division, federalized natl guard o Brown II Directives to implement new principle With all deliberate speed—too ambiguous District courts o Footnote 11-cite research Law psychology...
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  • Fall '08
  • MortonHorwitz
  • detrimental effect

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