Brown vs. Board of Education

Brown v. Board of Education 347 U.S. 483 Decided: 1954 Part of the series on

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Brown v. Board of Education was the landmark 1954 decision that overturned the 1896 Plessy vs. Ferguson Supreme Court decision that had allowed "de jure" (legal) segregation and the system of Jim Crow. The Brown decision said it was unconstitutional for any state or city to operate segregated schools—that is, one set of public schools for whites, and one set for blacks.

The lawsuit involved the Board of Education in Topeka, Kansas. It was brought by the NAACP Legal Defense Fund, a small organization entirely separate from the much better known NAACP. Black lawyer Thurgood Marshall made the winning argument in court.

The U. S. Supreme Court under the leadership of Chief Justice Earl Warren unanimously voted to end segregation with Brown. The decision made illegal the dual system of white and black schools in the South and border states. The border states and Florida integrated quickly, but Virginia and the Deep South resisted. At one point in 1957 President Dwight D. Eisenhower sent in the U.S. Army to enforce court-ordered school integration in Little Rock, Arkansas.

Apart from schools, segregation continued in the Southern United States until passage of the Civil Rights Act of 1964. At that point Jim Crow died overnight.

## Contents

* 1 Negotiating the decision
* 2 Text of decision
* 3 Desegregation
* 4 Controversy
* 5 Further reading
* 6 See also
* 7 References

## Negotiating the decision[edit]

Warren acceded to the position of Chief Justice while Brown v. Board of Education was being reargued at the behest of Associate Justice Felix Frankfurter, who ordered re-argument as a stalling tactic, to allow the Court to gather a unanimous consensus around a Brown opinion that would outlaw segregation. Chief Justice Vinson was one such stumbling block.

Warren convened a meeting of the justices, and presented to them the simple argument that the only reason to sustain segregation was an honest belief in the inferiority of African Americans. Warren further submitted that the Court must overrule Plessy to maintain its legitimacy as an institution of liberty, and it must do so unanimously to avoid massive Southern resistance. He began to build a unanimous opinion. Although most justices were immediately convinced, Warren spent some time after this famous speech convincing everyone to sign onto the opinion. Justices Robert Jackson and Stanley Reed finally decided to drop their dissent to what was by then an opinion backed by all the others. The final decision was unanimous.

The very first case put Warren's leadership skills to an extraordinary test. The Legal Defense Fund of the NAACP (a small, primarily white legal group separate from the much better known NAACP) had been waging a systematic legal fight against the "separate but equal" doctrine enunciated in Plessy v. Ferguson (1896) and finally had challenged Plessy in a series of five related cases, which had been argued before the Court in the spring of 1953. However the justices had been unable to decide the issue and asked to rehear the case in fall 1953, with special attention to whether the Fourteenth Amendment's equal protection clause prohibited the operation of separate public schools for whites and blacks.[1]

While all but one justice personally rejected segregation, the self-restraint faction questioned whether the Constitution gave the Court the power to order its end. The activist faction believed the Fourteenth Amendment did give the necessary authority and were pushing to go ahead. Warren, who held only a recess appointment, held his tongue until the Senate, dominated by southerners, confirmed his appointment.

Warren told his colleagues after oral argument that he believed segregation violated the Constitution and that only if one considered African Americans inferior to whites could the practice be upheld. But he did not push for a vote. Instead, he talked with the justices and encouraged them to talk with each other as he sought a common ground on which all could stand. Finally he had eight votes, and the last holdout, Stanley Reed of Kentucky, agreed to join the rest. Warren drafted the basic opinion in Brown v. Board of Education (1954) and kept circulating and revising it until he had an opinion endorsed by all the members of the Court.[2]

## Text of decision[edit]

SUPREME COURT OF THE UNITED STATES

Brown v. Board of Education, 347 U.S. 483 (1954) (USSC+)

Argued December 9, 1952

Reargued December 8, 1953

Decided May 17, 1954

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS*

Syllabus

Segregation of white and Negro children in the public schools of a State solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to Negro children the equal protection of the laws guaranteed by the Fourteenth Amendment—even though the physical facilities and other "tangible" factors of white and Negro schools may be equal.

(a) The history of the Fourteenth Amendment is inconclusive as to its intended effect on public education.

(b) The question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the full development of public education and its present place in American life throughout the Nation.

(c) Where a State has undertaken to provide an opportunity for an education in its public schools, such an opportunity is a right which must be made available to all on equal terms.

(d) Segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities, even though the physical facilities and other "tangible" factors may be equal.

(e) The "separate but equal" doctrine adopted in Plessy v. Ferguson, 163 U.S. 537, has no place in the field of public education.

(f) The cases are restored to the docket for further argument on specified questions relating to the forms of the decrees.

Opinion

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion.

In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called "separate but equal" doctrine announced by this Court in Plessy v. Ferguson, 163 U.S. 537. Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools.

The plaintiffs contend that segregated public schools are not "equal" and cannot be made "equal," and that hence they are deprived of the equal protection of the laws. Because of the obvious importance of the question presented, the Court took jurisdiction. Argument was heard in the 1952 Term, and reargument was heard this Term on certain questions propounded by the Court.

Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment in 1868. It covered exhaustively consideration of the Amendment in Congress, ratification by the states, then-existing practices in racial segregation, and the views of proponents and opponents of the Amendment. This discussion and our own investigation convince us that, although these sources cast some light, it is not enough to resolve the problem with which we are faced. At best, they are inconclusive. The most avid proponents of the post-War Amendments undoubtedly intended them to remove all legal distinctions among "all persons born or naturalized in the United States." Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect. What others in Congress and the state legislatures had in mind cannot be determined with any degree of certainty.

An additional reason for the inconclusive nature of the Amendment's history with respect to segregated schools is the status of public education at that time. In the South, the movement toward free common schools, supported by general taxation, had not yet taken hold. Education of white children was largely in the hands of private groups. Education of Negroes was almost nonexistent, and practically all of the race were illiterate. In fact, any education of Negroes was forbidden by law in some states. Today, in contrast, many Negroes have achieved outstanding success in the arts and sciences, as well as in the business and professional world. It is true that public school education at the time of the Amendment had advanced further in the North, but the effect of the Amendment on Northern States was generally ignored in the congressional debates. Even in the North, the conditions of public education did not approximate those existing today. The curriculum was usually rudimentary; ungraded schools were common in rural areas; the school term was but three months a year in many states, and compulsory school attendance was virtually unknown. As a consequence, it is not surprising that there should be so little in the history of the Fourteenth Amendment relating to its intended effect on public education.

In the first cases in this Court construing the Fourteenth Amendment, decided shortly after its adoption, the Court interpreted it as proscribing all state-imposed discriminations against the Negro race. The doctrine of "separate but equal" did not make its appearance in this Court until 1896 in the case of Plessy v. Ferguson, supra, involving not education but transportation. American courts have since labored with the doctrine for over half a century. In this Court, there have been six cases involving the "separate but equal" doctrine in the field of public education. In Cumming v. County Board of Education, 175 U.S. 528, and Gong Lum v. Rice, 275 U.S. 78, the validity of the doctrine itself was not challenged. In more recent cases, all on the graduate school level, inequality was found in that specific benefits enjoyed by white students were denied to Negro students of the same educational qualifications. Missouri ex rel. Gaines v. Canada, 305 U.S. 337; Sipuel v. Oklahoma, 332 U.S. 631; Sweatt v. Painter, 339 U.S. 629; McLaurin v. Oklahoma State Regents, 339 U.S. 637. In none of these cases was it necessary to reexamine the doctrine to grant relief to the Negro plaintiff. And in Sweatt v. Painter, supra, the Court expressly reserved decision on the question whether Plessy v. Ferguson should be held inapplicable to public education.

In the instant cases, that question is directly presented. Here, unlike Sweatt v. Painter, there are findings below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other "tangible" factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors in the Negro and white schools involved in each of the cases. We must look instead to the effect of segregation itself on public education.

In approaching this problem, we cannot turn the clock back to 1868, when the Amendment was adopted, or even to 1896, when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout the Nation. Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws.

Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. 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 it, is a right which must be made available to all on equal terms.

We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.

In Sweatt v. Painter, supra, in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on "those qualities which are incapable of objective measurement but which make for greatness in a law school." In McLaurin v. Oklahoma State Regents, supra, the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: ". . . his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession." Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs:

Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system.

Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority. Any language in Plessy v. Ferguson contrary to this finding is rejected.

We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.

Because these are class actions, because of the wide applicability of this decision, and because of the great variety of local conditions, the formulation of decrees in these cases presents problems of considerable complexity. On reargument, the consideration of appropriate relief was necessarily subordinated to the primary question—the constitutionality of segregation in public education. We have now announced that such segregation is a denial of the equal protection of the laws. In order that we may have the full assistance of the parties in formulating decrees, the cases will be restored to the docket, and the parties are requested to present further argument on Questions 4 and 5 previously propounded by the Court for the reargument this Term The Attorney General of the United States is again invited to participate. The Attorneys General of the states requiring or permitting segregation in public education will also be permitted to appear as amici curiae upon request to do so by September 15, 1954, and submission of briefs by October 1, 1954.

It is so ordered.

Together with No. 2, Briggs et al. v. Elliott et al., on appeal from the United States District Court for the Eastern District of South Carolina, argued December 9–10, 1952, reargued December 7–8, 1953; No. 4, Davis et al. v. County School Board of Prince Edward County, Virginia, et al. , on appeal from the United States District Court for the Eastern District of Virginia, argued December 10, 1952, reargued December 7–8, 1953, and No. 10, Gebhart et al. v. Belton et al., on certiorari to the Supreme Court of Delaware, argued December 11, 1952, reargued December 9, 1953.

## Desegregation[edit]

The unanimity Warren achieved helped speed the drive to desegregate public schools, which mostly came about in 1969–74, during the administration of President Richard M. Nixon. Throughout his years as Chief, Warren succeeded in keeping all decisions concerning segregation unanimous. Brown applied to schools, but soon the Court enlarged the concept to other state actions, striking down racial classification in many areas. Congress ratified the process in the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Warren did compromise by agreeing to Frankfurter's demand that the Court go slowly in implementing desegregation; Warren used Frankfurter's suggestion that a 1955 decision (Brown II) include the phrase "all deliberate speed."[3]

The Brown decision of 1954 marked, in dramatic fashion, the radical shift in the Court's--and the nation's--priorities from issues of property rights to civil liberties. Under Warren the courts became an active partner in governing the nation, although still not coequal. Warren never saw the courts as a backward-looking branch of government.

The Brown decision was a powerful moral statement clad in a weak constitutional analysis; Warren was never a legal scholar on a par with Frankfurter or a great advocate of particular doctrines, as was Black. Instead, he believed that in all branches of government common sense, decency, and elemental justice were decisive, not stare decisis, tradition or the text of the Constitution. He wanted results. He never felt that doctrine alone should be allowed to deprive people of justice. He felt racial segregation was simply wrong, and Brown, whatever its doctrinal defects, remains a landmark decision primarily because of Warren's majestic interpretation of the equal protection clause to mean that children should not be shunted to a separate world reserved for minorities.

## Controversy[edit]

Although the ruling ultimately proved just and removed segregation, which had been unconstitutional under the Fourteenth Amendment, the ruling itself and how it came to that has been deemed controversial. Most of the controversy involved it being among the Warren Court's decisions to radically legislate from the bench and expanding judicial power significantly, which was itself a violation of the separation of powers. In addition, while they did correctly confirm that Separate but Equal violated the Fourteenth Amendment, they also utilized pop-psychology indicating that black children preferred a white doll over a black doll due to "confusion" caused by segregation, ironically because, while Fourteenth Amendment deemed it unconstitutional to actually segregate schools, it also doesn't have the constitutional power to outlaw segregated schools at the same time.[4] The ruling also ultimately set forth the path for far more rulings that deviated even further from the constitution and were ruled by a whim, starting with the next ruling, nicknamed Brown II, and by the 1960s stopped having any restraint via Mapp v. Ohio in 1961, which infamously resulted in evidence being excluded from a criminal court if it was gotten without a valid search warrant, despite the Police having their own separate duty to take action regarding those details, and Brown Shoe Co. v. United States, which deemed two shoe companies leading to an illegal monopoly despite the two companies combined market share of domestic production and sales only amounted to 4% and 2%, respectively.[5][6]

The Brown ruling was criticized by constitutional scholar Raoul Berger in his 1977 book Government by Judiciary, who argued that the draftsmen of the Fourteenth Amendment did not intend to prohibit segregated schooling.[7] Even in response to Michael McConnell's research on this topic, Raoul Berger argued that the Republican politicians who argued in the 1870s that the Fourteenth Amendment prohibits segregated schooling were trying to rewrite the contents of the 14th Amendment relative to how this Amendment was understood back in 1866-1868.[8]

## Further reading[edit]

* Patterson, James T.  Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy (2001) online edition
* Powe, Lucas A.. The Warren Court and American Politics (2002) excerpt and text search

## See also[edit]

* Black history

## References[edit]

1. ↑ See Smithsonian, “Separate is Not Equal: Brown v. Board of Education’’
2. ↑ For text see BROWN v. BOARD OF EDUCATION, 347 U.S. 483 (1954)
3. ↑ Robert L. Carter, "The Warren Court and Desegregation," Michigan Law Review, Vol. 67, No. 2 (Dec., 1968), pp. 237-248 in JSTOR
4. ↑ Kevin Gutzman, The Politically Incorrect Guide to the Constitution (Washington, D.C.: Regnery, 2007), 195.
5. ↑ Paul Finkelman and Melvin I. Urofsky, Landmark Cases of the United States Supreme Court (Washington, D.C.: CQ Press, 2003), 281.
6. ↑ Jonathan Leaf, The Politically Incorrect Guide to the Sixties (Washington, D.C.: Regnery, 2009), 132-3.
7. ↑ [1]
8. ↑ [2]