A Case Of Brown vs Board of Education

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Supreme court cases are rarely considered as only 80 cases will be heard a year with 7000 requests according to The Leadership Conference. One important case that is important due to changing history dramatically was the Brown v. Board of Education Supreme Court case of the United States.

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Brown v. Board of Education was the first case to win race-based segregation as unconstitutional. This case began when Oliver Brown filed a claim after being denied admission to a white school. Brown’s main argument in this case was that that segregation was depriving important aspects of education to children, especially those of color. During this era, there was different schools under for those of color and whites that was not a violation of the separate but equal clause. Brown appealed to the United State Supreme Court by using case Plessy v. Ferguson as authority. Brown argued that this segregation violated the 14th amendment for those of color. The 14th amendment is simply equal protection of the laws to the citizens of the United States. This being mentioned, even people of color, are to be protected of their rights. The important question was if public school segregation deprive children from equal education? After review, the supreme court finalized their majority opinion that it was a violation of the 14th amendment. This case had officially abolished separate but equal slogan.

Majority Opinion:

The supreme court had decided in favor of Oliver Brown v The Board of Education. The law regarding this issue has been changing throughout time. For instance, before segregation, we had slavery. Slavery was in our history along other laws such as the natural born citizen law. The Naturalization Act of 1970 was that anyone born in the United States are natural born citizens of the United States. Along these lines, this law was not seen as unconstitutional because the law was including the slaved individuals. According to the law of theory, natural law, was not accounted for in the Naturalization Act of 1970. Moralistically speaking, is it correct to grant citizenship for the citizens while not giving them the equal rights as a human being? When the supreme court was taking this case into consideration, they used the theory natural law. Typically, in the past instances such as Plessy v. Ferguson, the theory of  Legal Positivism was used by the courts when determining their majority opinion.

As for the Brown v. Board of Education case, the court had used the principles of what is right and what is wrong. They took into account the equality of opportunities that individuals are to be deserving of. A child who is born in the color of a skin out of their control should not be punished or deprived of a public education that those of another skin color receive. The natural law includes that if a law or clause is preventing society from interacting or simply being able to work together, therefore it is unjust. In this case, not being able to receive an education together in a society is unjust.  This leads to other factors such as differences of education that can later affect employment requirements. To begin with, having an education from an institution of colored only would not be sufficient for an employer with a requirement of more adequate education. In other words, this would affect the future employees from working together in a society which disrupts the Natural Law. When the supreme court was deciding, they ensured to encounter present and future implications that may have resulted from different education facilities or institutions.

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