Brown v. Board of Education 14th Amendment Argument
The supreme court of the United States decided that the 14th amendment’s equal protection clause guaranteed African Americans equal protection under the law. But in Plessy v Ferguson it was ruled that the 14th amendment was responsible for the legal equality of African Americans, but not necessarily their social equality. It was decided that racial segregation was not a violation of African Americans' legal equality; segregation as long as each race is receiving equal and adequate facilities did not produce legal inferiority to either white or black people. Educational segregation does not violate the fourteenth amendment’s equal protection clause.
There are schools that are open for black children to attend. There are facilities where these children can learn. There are teachers and mentors who care for these children and want to provide a better future for them. This is not a legal restriction; it is a social norm. For six decades now, there have been separate accommodations for both black and white people: Separate train cars, separate restaurants, separate schools. As long as each child is receiving a public education, they are equal. The board of education provides these students with transportation to and from school, a luxury that some white schools in these districts do not have. Equal Education means that each child receives an education through the public school system.
The facilities they are districted at does not violate the fourteenth amendment as long as each child has a school they can attend. Legal equality protection enables black children the right to obtain an education just as much as it enables white children to obtain an education. The facilities in which this education is cultivated in does not violate legal protection, rather than social equality. In most cases the white schools are farther away from where most black children live.
Transportation, facilities, and convenience are offered to all African Americans attending these schools. Their facilities are adequate as they do receive a public education just as white kids are. This districting we choose to imply is backed up by the separate but equal doctrine and therefore does not violate the equal protection clause of the 14th amendment.
Sources:
https://www.oyez.org/cases/1940-1955/347us483
https://www.history.com/topics/black-history/brown-v-board-of-education-of-topeka
https://www.uscourts.gov/educational-resources/educational-activities/history-brown-v-board-education-re-enactment
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