the woman’s role in a home, he did firmly believe in suffrage and women’s rightful place as equal citizens in society. The suffrage movement ended for him, and for most of its supporters with the passage of the 19thAmendment. Brown v. Board of EducationArgued first in 1952 with Chief Justice VinsenReargued in 1953 with Earl Warren as Chief JusticeWarren’s statement that “I’ve given a lot of thought to this question and I can’t see any way of understanding segregation except as a badge of inferiority to blackpeople. No way in which equality and segregation can go together” positioned issue as a moral questionDecided that “separate but equal” doctrine has no place in field of public educationIn opinion, reference change in nature of public education from 1896 to 1953Segregation, even when facilities may be equal, has a detrimental effect on colored children because of psychological sense of inferioritySegregation thus deprives these children of the equal protection of the law, as guaranteed by the Fourteenth Amendment However, Warren didn’t say court was wrong in deciding Plessy – took dynamic, changing view of constitution – changing circumstances, changing values means that what was lawful in 1896 may not be so now
Footnote eleven, detailing Clark’s study on effect of prejudice using dolls, caused much furor in the South – left court mercy to charges that it was using sociology, not law, in its decisionsDecision was unanimous, all 9 justices were New Dealers who believed in a living constitutionBolling v. SharpeArgued in 1953Concerns racial segregation in public schools of District of Columbia5thamendment, not 14th, applicable in District of Columbia because it is under jurisdiction of federal government5thAmendment doesn’t contain equal protection clause like 14thAmendment doesLiberty under law can’t be restricted except for a proper governmental objectiveSegregation advances no such objective and thus creates burden on colored children that arbitrarily deprives them of their liberty in violation of the due process clauseUnthinkable that Constitution would impose a lesser duty on federal government than it does on statesBrown IIDecided in 1955Leaves it up to district courts to enforce the Brown judgment – local school districts are supposed to desegregate “with all deliberate speed” School authorities are permitted to take their time to “adjust and reconcile public and private needs” and “be flexible in shaping their remedies” but must show that they are acting in good faith to desegregate Because of proximity to local situations, it is left up to district courts to decide whether these school districts are acting in accordance with law Will require schools to make start toward full compliance with ruling However, this does not actually occur – little segregation in Deep South until 1964 Civil Rights Act is passed“The Southern Manifesto”Was written in February – March 1956 and signed by over 100 Southern
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