TOPIC

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US Segregation, Brown v Board of Education
Course: Introduction to Law Intersession 2009 Professor: Jürgen Bröhmer Authors: Isac Elena and Oprea Olga

The given paper was written under the non violation of the Academic Integrity Code and therefore the authors confirm their work and that they have not, by any means, plagiarized.

Outline:

1. Historical background 2. Brown v Board of Education 3. The Aftermath 4. CONCLUSION

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1. Historical Background

By racial segregation we understand the parting of different racial groups in day-to-day life, such as using public facilities, taking meals in a restaurant or even drinking from a water fountain. Segregation may be imposed by community norms in a region or certain laws, nonetheless creating discrimination, economic discrepancy and social unrest. Segregation also implies spatial separation of the races by compulsory use of different institutions such as health care and/or educational institutions by representatives of different races.1

In the United States of America, approximately a century before the notorious Brown case, racial segregation dictated all interracial relations.2 With the abolishment of slavery due to the 13th Amendment of the United States Constitution and 3 years later, in 1868, with the 14th Amendment that guaranteed equality of all U.S citizens in front of the Supreme Court, a fair process as well as equal protection of the laws3 the government tried to eradicate the last reminiscent of slavery and to offer identical protection for black Americans. With the 15th Amendment passed on 3 February 1870 that protected voting rights and the first Civil Rights Act conceded by the Congress in 1875 that stated the “equality of all men before the law”4 United States were moving towards an era of racial equality and fairness, penalties being even imposed for those who denied equivalent access to public places based on the race association.5 This period of time was called The Reconstruction,

Racial Segregation: Wikipedia The free Enciclopedia. 22 January 2009 <http://en.wikipedia.org/wiki/Racial_segregation#cite_note-0>. 2 Wikipedia: The free Enciclopedia. 23 January 2009 <http://en.wikipedia.org/wiki/Brown_v._Board_of_Education#cite_note-41>.Brown v. Board of Education :Wikipedia The free Enciclopedia. 23 January 2009 <http://en.wikipedia.org/wiki/Brown_v._Board_of_Education#cite_note-41>. “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws” U.S. Constitution: Amendment fourteenth - Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection. Supreme Court of the United States. 07 09 1869. 4 "Civil Rights Act of 1875, 18 Stat. Part III, p. 335." 1 March 1875. Teaching American History. <http://www.teachingamericanhistory.org/library/index.asp?document=481>.
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a time of hope for all black citizens when Radical Republicans made an attempt to reconstruct Southern society and integrate African-American citizens in all areas of modern life.

Nonetheless many Confederates resisted reconstruction and Northern rule, a general turmoil being installed in the South, followed by aggression and hostility of white racists against AfricanAmerican people. Southern Democrats resorted to violence to discourage black citizens to vote as they consisted a great percentage of the population in the South and by this threatened the white domination in social and political areas. James Loewen in "Lies My Teacher Told Me" notes that between 1865 and 1867, when white Democrats controlled the government, an average of one black person was murdered by whites every day. Black schools were an especial target of white violence; school buildings were frequently burned, and teachers were flogged and occasionally murdered.6The Compromise of 1877 resolved the created tension. Federal troops are withdrawn from the South in exchange of a general acceptance of Hayes as president of the United States, the reconstruction ends as well as republican, bi-racial government collapses. White democrats begin to mark the onset of a new period in American history known as the “nadir of American race relations” (1877-1901) – an era of worst post-bellum racism during which African American Citizens lost practically all the civil rights gained after the 13th Amendment.7

With no political power, facing increased discrimination and even lynching, blacks are subjected to what are known as the “Jim Crow Laws”- a series of local and state laws that imposed de jure segregation in public transportation, public places and United States Army. AfricanAmerican people were completely excluded out of the social, political and civil life and Whites regained complete influence over the South.

In 1890, not long after the striking down of the Civil Rights Act (1875) by a Supreme Court’s decision that enacted it was unconstitutional in some aspects (referring to Amendment 14th and

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"Documents related to Brown v. Board of Education." The National Archives. 22 January 2009 <http://www.archives.gov/education/lessons/brown-v-board/> 6 Lowen, James. Lies My Teacher told me: Everything your American History Textbook got wrong. Simon & Schuster, 1996. pp158-160 7 Nadir of American Race Relations: Wikipedia. <http://en.wikipedia.org/wiki/Nadir_of_American_race_relations>.

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15th) 8Louisiana State Legislature passed Act 111(“The Separate Car Act”) that separated passengers on railroads according to their skin color. In this way black and “colored” peoplecitizens with mixed white and black ancestry, were forced to sit in separate railroad cars. Concerned, several African-American citizens from New Orleans formed the Citizen's Committee to Test the Separate Car Act meant to assess the constitutionality of the law9. On June 7, 1892 a first attempt to break down Jim Crow Laws was attempted, when Homer Plessy, one-eights black and seven-eighths white, boarded on a train of East Louisiana Railroad and sat in the white car refusing to change his seat. He was arrested immediately. Plessy went to Court and argued that the Separate Car Act violated his constitutional rights, in the case known as Homer Adolph Plessy vs. The state of Louisiana. Judge John Howard Fergusson decided against Plessy as well as the Supreme Court of Louisiana and The Supreme court of The United States that upheld Fergusson’s decision.10 The Supreme Court did not find any violation of the 14th Amendment stipulated by the plaintiff enacting that as long as the services provided for both races are equal then there is no harm in racial separation11.”Separate but equal” became the new doctrine that cemented itself for more than 50 years and provided legal basis for segregation as long as supported scientific racism. The lone dissenter, Justice John Harlan said:”Our Constitution is colorblind” correctly foreseeing the dreadful consequences of this ruling upon American society.12 Segregation based on race in public education appeared as a phenomenon even before the Civil War. On its eve educational opportunities for black children became more accessible but increasingly segregated. Segregation came first in the West of the U.S with the banning of all black children to enroll in public schools causing numerous manifestations and legal challenges issued by African American immigrants. The black community struggled to obtain integrated schooling; the first step towards equality being Ward vs. Flood law case issued in 1873 by Harriet Ward who attempted to enroll his daughter in an all-white school in California and was denied that right. Although the California Supreme Court ruled in the favor of the plaintiff reaffirming the right of
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Davis, Ronald L.F. "Creating Jim Crow: In-Depth Essay." Jim Crow History. <http://www.jimcrowhistory.org/history/creating2.htm>. 9 Tsesis, Alexander. "The Thirteenth Amendment and American Freedom." New York: NYU Press, 2004. 74-75. 10 Plessy v. Ferguson: Wikipedia The free Enciclopedia. <http://en.wikipedia.org/wiki/Plessy>. 11 Plessy v. Ferguson. No. 63 U. S. 537. Supreme Court of the United States. 18 May 1896 12 Plessy v. Ferguson. No. 63 U. S. 537. Supreme Court of the United States. 18 May 1896.pp 163 U.S 559

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African Americans to public education it overshadowed the ruling in the Plessy vs. Fergusson case that offered constitutional proof for segregation.13 The National Association for the Advancement of Colored People (NAACP) formed in 1909 to encourage and promote modern black civil rights movement began to focus in the 30’ on the admission of black students into universities that due to financial costs could not be segregated. NAACP leader Charles Houston, in his memorandum devised systematically a strategy to tackle the education problem by the “use of the court as a laboratory” in order to gradually defeat the “separate but equal” doctrine. Starting with 1950 NAACP begun to fight against segregation at the elementary school level, it’s most renowned case being that of Brown vs. Board of Education of Topeka.14

2. Brown v Board of Education

Brown v. Board of Education represents a milestone in the history of the United States. It has changed the course of history in the sphere of education and moreover, it has had an impact on the entire social life in the United States. However, it has not been the first challenge to school segregation. African Americans filed suit against the educational system that imposed segregation even in early times as 1849, in the case of Roberts v. City of Boston.15 As there were many more cases about segregation, when Brown and the NAACP appealed to the Supreme Court, their case was united with other similar cases from different states.16 In consequence, Brown v. Board of Education is made of 5 cases all taking place in different states: Belton v. Gebhart, Delaware

National Register, History and Education Program, National Park Service,Department of the Interior. Racial Desegregation in Public Education in the United States Theme Study. Washigton D.C: National Historic Landmark Survey, August 2000. p.16-17 Documents related to Brown v. Board of Education." The National Archives. 22 January 2009 <http://www.archives.gov/education/lessons/brown-v-board/>.
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Brown Foundation. "Brown v. Board of Education - About the case." 11 April 2004. Brown Foundation for Educational Equity, Excellence and Research. 17 January 2009 <http://brownvboard.org/summary/index.php >. Cozzens, Liza. "Brown v. Board of Education." 25 May 1998. African American. 18 January 2009 <http://fledge.watson.org/~lisa/blackhistory/>.
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195117, Brown v. Board of Education, Kansas 195118, Briggs v. Elliot, South Carolina 195119, Davis v. County School Board of Prince Edward County, Virginia 195120 and Bolling v. C. Melvin Sharpe, Washington 195121. Taking a closer look at the case Brown v. Board of Education, 347 U.S. 483 (1954), we can distinguish 3 phases. First, in 1951 the Supreme Court acknowledged the negative impact on black children, but it ruled that segregation does not violate the 14th Amendment. The decision was based on the 1896 case of Plessy v. Ferguson, which established the doctrine of "separate but equal” and stated that as long as the conditions are the same even if separate, they are the equal.22 Afterwards, in 1954, the case was combined with 4 the other cases and the Court ruled in favor of the plaintiffs, stating that segregation is unequal, proving it without reasonable doubt, and that it violates the 14th Amendment. This was the major turning point when Plessy v. Ferguson decision was overruled. Later on, in 1955 even though the Court’s decision did not receive support everywhere, the decision of desegregating schools with all deliberate speed was taken.23 When the case was reargued, the opinion of the Court was delivered by Mr. Chief Justice Warren. Although often criticized for insufficient constitutional analysis, in Brown he did not make much
Belton v. Gebhart, Delaware 1951 challenged the inferior conditions of two high schools for African Americans which lacked a proper curriculum, extra curricular activities, medical plant and had a bad pupil-teacher ratio. Moreover the students could not attend the high school in their district, but had to ride the ride for one hour, and in some cases were not even provided transportation. The Supreme Court ruled in favor of the plaintiffs, but it did not apply to all the schools in Delaware; http://brownvboard.org/summary/ 18 Brown v. Board of Education, Kansas 1951 – challenged one State law that permitted racial segregation in certain city th based on population. It was the 12 case filed in Kansas aimed to end segregation in schools. The plaintiffs were denied of what they requested. This was a class action, but it was named for one of the plaintiffs Oliver Brown; http://brownvboard.org/summary/. Briggs v. Elliot, South Carolina 1951 – a class action, named after Harry Briggs Sr., which unsuccessfully tried to equalize the conditions in the schools for whites and the ones for African Americans, in terms of transportation, salaries for teachers, buildings and so on; http://brownvboard.org/summary/ 20 Davis v. County School Board of Prince Edward County, Virginia 1951 – started by a student strike, led by the sixteen years old Barbara Johns, and later joined by the NAACP, it aimed to improve the conditions of the few public schools for African Americans. Although the US District Court ruled for the plaintiffs to be provided with equal conditions, the access to the schools for whites in the area was prohibited; http://brownvboard.org/summary/ 21 Bolling v. C. Melvin Sharpe, Washington 1951 – an unsuccessful request for eleven African American students to be admitted in schools for whites was put forward. After the review of Brown in 1954, the Supreme Court ruled for the th plaintiffs, based upon the Fifth Amendment, because the 14 Amendment did not apply to the District of Columbia; http://brownvboard.org/summary/ 22 BROWN v. BOARD OF EDUCATION . No. 347 U.S. 483. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT. 1954. Street Law and The Supreme Court Historical Society. "Diagram of How the Case Moved Through the Court System." 2002. Landmark Cases Supreme Court. 18 January 2009 <http://www.landmarkcases.org/brown/courtsystem.html>.
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reference to the history of the 14th Amendment, but rather he emphasized its importance, concentrating on common sense, fairness and integrity.24 “Warren was not antigovernment, but he believed that the Constitution prohibited the government from acting unfairly against the individual”(Landmark Case Biography, Earl Warren). As a defender of the common man and protector of the civil rights and liberties, Warren addressed the opinion of the Court he the main issues of segregation and argued against it. First, he challenged the “equality of the conditions”. When in 1896 the Court ruled on the doctrine Plessy v. Ferguson, it was considered that separate conditions which are held the same, are in fact equal.25 However, as Warren presented, “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 Pp. 493494”(Thomson Reuters). Furthermore, the plaintiffs argued that schools are and can not be “equal”, therefore they are not assured with the equal protection of the law. It was concluded that separate facilities are inherently unequal.26 Next thing to which Warren drew attention was the 14th Amendment, which according to him had an inconclusive nature. He showed that back in 1868 times were different. Education in the South for blacks was basically inexistent, as the movement for general taxation for common schools has not yet taken place and therefore the education was in the hands of private groups for white children. But in the days of 1950 many African Americans have succeeded in different areas in the professional world. Furthermore, this movement was more advanced in the North but most commonly ignored by the congressional meetings. As a result, it can be understood why there is no much history of the Amendment in relation with public education and so it does not stipulate the public education sphere because of the times back in 1868.27

"Landmark Case Biography, Earl Warren." Landmark Supreme Court Case. 17 January 2009 <http://www.landmarkcases.org/brown/warren.html>. 25 Cornell University Law School. "Plessy v. Ferguson (No. 210) ." Supreme Court Collection. 25 January 2009 <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0163_0537_ZS.html>. BROWN v. BOARD OF EDUCATION . No. 347 U.S. 483. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT. 1954. 27 Thomson Reuters. "US Supreme Court - BROWN v. BOARD OF EDUCATION, 347 U.S. 483 (1954) ." 2009. FindLaw. 18 January 2009 <http://laws.findlaw.com/us/347/483.html>.
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For years since the Plessy vs Ferguson was used in courts, but never was questioned its applicability. In various cases such as Missouri ex rel. Gaines v. Canada; Sipuel v. Oklahoma; Sweatt v. Painter; McLaurin v. Oklahoma State Regents applicability off the doctrine “separate but equal” was not even questioned and courts ruled against the plaintiffs. Furthermore, the doctrine was passed in the field of public transportation, not education. Therefore Warren stretched the idea that the decision in the field of education should not be based on the equality of the conditions, as pointed of in Plessy v Ferguson, but rather on the impact of segregation on the public education.28 The last point addressed in the speech of the Chief Justice was the role of education in the society. If we look through the history of the United States, we can notice the great changes in the society. For example, as mentioned above as well, education in 1950 played an important role and it was becoming more widespread. However with this development, limiting the access of a certain group of people to education, would limit their opportunities and therefore there is an infringement of the equality of rights, which is provided in the Constitution. Warren argued that education is needed in every aspect of life, even in basic responsibilities, such as the army. Therefore he questioned if segregation of schools deprives some parts of the society of the equal opportunities. 29 Going back to the Plessy v Ferguson court case, we can find some interesting ideas that years later, were met in 1954 in Warren’s speech. That is because in many court cases happens so that there are opinions that do not necessarily go with the majority. The justices with a different point of view can write dissents. In 1896 Justice Harlan did not agree with the decision taken. He considered that “such legislation as that here in question is inconsistent, not only with that equality of rights which pertains to citizenship, national and state, but with the personal liberty enjoyed by everyone within the United States.” (American Social History Productions, Inc. ) Years after, the same issue was argued in Brown case and arguments for the common sense and civil liberties were put forward by Mr. Chief Justice Warren, even though the basis for his arguments was slightly different.

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Thomson Reuters. "US Supreme Court - BROWN v. BOARD OF EDUCATION, 347 U.S. 483 (1954) ." 2009. FindLaw. 18 January 2009 <http://laws.findlaw.com/us/347/483.html>. 29 Thomson Reuters. "US Supreme Court - BROWN v. BOARD OF EDUCATION, 347 U.S. 483 (1954) ." 2009. FindLaw. 18 January 2009 <http://laws.findlaw.com/us/347/483.html>.

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In Brown v Board of Education, as well as in many other court cases, scientific proof was presented. In this case was cited the Doll Test of Kenneth Clark. He and his wife conducted a test to examine the effect of segregation on children. They gave a black and a white doll to the children and analyzed their actions. Using their reaction and some questions they proved that there is a psychological damage upon the children. This proof was used by the Supreme Court citing Clark’s paper written in 1950 for the White House Mid-Century Conference on Children and Youth.30 Presenting the other side of the Brown case, we can take a look at the arguments presented in favor of segregation. The first support presented was that people are treated equally under the law stipulated in the Fourteenth Amendment, if they are given the same conditions. The reason for separate schools is because students feel more comfortable in such environment, but they are still treated equally.31 Another reason for ruling for segregation is that in the United States, as a federal system of government, the educational decisions are to be taken by the state and local legislature.32

3. The Aftermath After the verdict in Brown vs. Board of Education was officially stated not everyone truly understood and accepted it, the Supreme Court’s decision being quickly surpassed by the upcoming events. As the African-American citizens began courageously to realize the desegregation promised by Brown case, they had to deal with a powerful resistance coming from the white South. Refusal and opposition towards school desegregation generated boycotts, and violent riots in some regions of the United States, in 1957 President Eisenhower being forced to make use of the Federal Troops in Little Rock, Arkansas to help maintain peace.33
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Kenneth B. Clark's "Doll Test" Notebook; Classifying arguments for the case, Brown v Board of Education, point 2; Street Law and the Supreme Court Historical Society. "Classifying Arguments for Each Side of the Case." Landmark Cases Supreme Court. 23 January 2009 <http://www.landmarkcases.org/brown/arguments.html>.
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Classifying arguments for the case, Brown v Board of Education, point 7; Street Law and the Supreme Court Historical Society. "Classifying Arguments for Each Side of the Case." Landmark Cases Supreme Court. 23 January 2009 <http://www.landmarkcases.org/brown/arguments.html>.
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Desegregation: Wikipedia The free Enciclopedia. <http://en.wikipedia.org/wiki/Desegregation#Modern_civil_rights_movement>.

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In the next ten years after the Court stated its decision no sensible changes have been noticed in the public education area as well as concerned other segregated practices like voting, transportation etc. “As late as 1964, only 1.2 percent of black children in the south attended school with whites”34 The reason for this may be partially considered a later Supreme Court ruling known as Brown II (1955) This decision unpleased the supporters of Brown case as the phrase “with all deliberate speed”35 was interpreted ambiguous by many South states and served as a reason to postpone and delay the process of desegregation. Different tactics such as using government’s money to finance “private” segregated schools were applied, triggering also the close-down of many public schools for more than 5 years. Illustrative case of Autherine Lucy-the first AfricanAmerican girl enrolled at the all-white University of Alabama further expelled based on her race36 is once more a proof that the process of desegregation had a very slow pace. Until 1968 having an open-enrollment policy in a school could be considered as following the decision of the Brown case. Things changed when in the same year the Supreme Court invoked an “affirmative duty” to end racial separation (Case of Green v. County School Board of New Kent County)37. Desegregation continued on increased temps and in 1971 reintegration of AfricanAmerican students was encouraged by forced busing of children that were enrolled in desegregated public schools. Although the “busing” policy had its drawbacks, many parents refusing to allow their children to study in a non-neighborhood school nor in a school with a different racial profile it promoted the continuous eradication of de jure segregation. AfricanAmerican people became a vivid part of the society, full partners in social, communal and political,

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Bogart, William A. Consequences. Toronto: University of Toronto Press, 2002.pp 305

Appeal from The United States District Court for The District of Kansas.Brown v. Board of Education. No. 349 U.S. 294. Supreme Court of The United States. 31 May 1955.
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Exhibition. ""With an Even Hand" Brown v. Board at Fifty." The Aftermath. Washington D.C: The Library of Congress, 13 November 2004.

Charles C. Green et al. v.County School Board of New Kent County, VA et al. No. 391 U.S. 430, 88 S.Ct. 1689, 20 L.Ed.2d 716. Supreme Court of the United States. 1968 May 27.

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having access to the same educational facilities without the threat of discrimination or race-based aggression.38 Although “Brown may have not been the immediate cause, it was the ultimate one” and by all means triggered The Civil Rights Movement all over The United States, forcing racial integration.39 The Civil rights Act of 1964 and 1968 both signed by President Johnson are one of the most groundbreaking legislations stating that any kind of discrimination based on race, color, religion or nationality is prohibited.40The laws also empowered the government to force desegregation. Most renowned orator and inspirer of the time was Dr. Martin Luther King Jr. whose efforts encouraged the social turnover that lead to the removal of most of the legal basis for racial segregation. His notorious speech “I have a dream” delivered during the March on Washington for Jobs and Freedom in front of about 250000 people galvanized an entire nation serving as a milestone for the Civil Rights Movement in their fight for freedom as well as encouraging the struggle for human rights around the world. Desegregation in public education continued over the years and reached its peak in 1988 according to the Civil Rights Project at Harvard University. Nonetheless starting with the last years of the 20th century a pattern of regression and resegregation may be observed in many regions of the United States. In 2005 the percentage of Black students in a majority white school was at “a lower level than in any year since 1968”41 The Brown case had a major impact not only on the further history of African-American citizens and their struggle for freedom but also on other minorities’ including Mexican, Indian and AsianAmericans. The decision to end de jure segregation concerning black students encouraged other nationalities to speak up and fight against discrimination many Asian-Americans and other

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National Register, History and Education Program, National Park Service,Department of the Interior. Racial Desegregation in Public Education in the United States Theme Study. Washigton D.C: National Historic Landmark Survey, August 2000.
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Bogart, William A. Consequences. Toronto: University of Toronto Press, 2002. Borgna Brunner and Elissa Haney. "Civil rights Timeline." Infoplease. <http://www.infoplease.com/spot/civilrightstimeline1.html>. Jonathan Kozol, "Overcoming Apartheid", The Nation, December 19, 2005. p. 26

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students of color joining the Civil Rights Black-Power Movement that had as integral components The Chicano Movement (1968-1975) and the Native American movement42 In 2004 the United States citizens celebrated the 50th Anniversary of Brown and the end of legal segregation. Although de facto segregation still exists in some regions of the country due to housing patterns and the fact that minorities tend to cluster in their own neighborhoods new strategies like magnet schools and various voucher programs are applied in order to promote multinational diversity and equality. Today U.S. schools welcome students of ever more diverse origins and backgrounds and seek to educate them all, looking forward to end this less formal inheritance of our past43

4. Conclusion

Brown v Board of Education represents a major turning point that brought change and justice in the American society reestablishing the basic American values. It has brought back the democratic beliefs and more then ever, has shaped the society as a whole. It enforced the beliefs of Jefferson who was the man for the common men. He was against slavery, believed in the equal rights of everyone and in the universal education for all Americans. But only after going through a civil war and over a hundred years of conflict between races, the American society would have achieved fair education available to all Americans.44 Another aspect that can be derived from the Brown v Board of Education case is a particularity of the Supreme Court rulings. In the United States common law is used, as it is a case law system, although there are some features of civil law, such as the codified set of rules, which is represented by the Constitution. When dealing with court cases, often is encountered that decisions which are based on the same amendment, can have a different outcome. As an example we can provide the
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National Register, History and Education Program, National Park Service,Department of the Interior. Racial Desegregation in Public Education in the United States Theme Study. Washigton D.C: National Historic Landmark Survey, August 2000.pp 68-70 Appeal from The United States District Court for The District of Kansas.Brown v. Board of Education. No. 349 U.S. 294. Supreme Court of The United States. 31 May 1955. "50th Anniversary of Brown v. Board of Education,Landmark 1954 U.S. Supreme Court decision banned school segregation." 17 May 2004. <http://www.america.gov/st/diversity-english/2004/May/20080207162815jmnamdeirf0.7715723.html>.
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PBS. "Brown v. Board of Education Issue: Racial Segregation in Public Schools." Public Broadcasting Service (PBS). 22 January 2009 <http://www.pbs.org/jefferson/enlight/brown.htm>.

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cases on segregation discussed above. When in 1896 the Plessy v Ferguson case was brought to court, the decision was ruled against the plaintiffs, based on the non violation of the 14th Amendment. However, in 1954 in Brown case, a decision based on the same amendment, ruled in favor of the plaintiffs, against segregation. Hence, we can conclude that one major feature in the US law system is interpretation, which depends on the time set up and reflects other social factors predominant in that precise time period.

Word Count: 4,163

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"Documents related to Brown v. Board of Education." The National Archives. 22 January 2009 <http://www.archives.gov/education/lessons/brown-v-board/>. "Diagram of How the Case Moved Through the Court System." Landmark Cases Supreme Court. 20 January 2009 <http://www.landmarkcases.org/brown/courtsystem.html>. "Landmark Case Biography, Earl Warren." Landmark Supreme Court Case. 17 January 2009 <http://www.landmarkcases.org/brown/warren.html>. Exhibition. ""With an Even Hand" Brown v. Board at Fifty." The Aftermath. Washington D.C: The Library of Congress, 13 November 2004. Henderson, Cheryl Brown. "Personal Perspective: Brown v. Board 50th Anniversary." The Brown Quarterly Winter 2003: http://brownvboard.org/brwnqurt/05-3/05-3b.htm. Lowen, James. Lies My Teacher told me: Everything your American History Textbook got wrong. Simon & Schuster, 1996. Nadir of American Race Relations: Wikipedia. <http://en.wikipedia.org/wiki/Nadir_of_American_race_relations>. National Register, History and Education Program, National Park Service,Department of the Interior. Racial Desegregation in Public Education in the United States Theme Study. Washigton D.C: National Historic Landmark Survey, August 2000. Plessy v. Ferguson. No. 63 U. S. 537. Supreme Court of the United States. 18 May 1896. Plessy v. Ferguson: Wikipedia The free Enciclopedia. <http://en.wikipedia.org/wiki/Plessy>. PBS. "Brown v. Board of Education Issue: Racial Segregation in Public Schools." Public Broadcasting Service (PBS). 22 January 2009 <http://www.pbs.org/jefferson/enlight/brown.htm>. Racial Segregation in The United States: Wikipedia The free Enciclopedia. <http://en.wikipedia.org/wiki/Racial_segregation_in_the_United_States>. Racial Segregation: Wikipedia The free Enciclopedia. 22 January 2009 <http://en.wikipedia.org/wiki/Racial_segregation#cite_note-0>. Richman, Sheldon. "How Brown v. Board of Education throttled black scooling." Freedom Daily (August 2004). State, U.S Department of. "50th Anniversary of Brown v. Board of Education." 17 May 2004. America.gov. 26 January 2009 <http://www.america.gov/st/diversityenglish/2004/May/20080207162815jmnamdeirf0.7715723.html>. Street Law and the Supreme Court Historical Society. "Classifying Arguments for Each Side of the Case." Landmark Cases Supreme Court. 23 January 2009 <http://www.landmarkcases.org/brown/arguments.html>. 16

Street Law and The Supreme Court Historical Society. "Diagram of How the Case Moved Through the Court System." 2002. Landmark Cases Supreme Court. 18 January 2009 <http://www.landmarkcases.org/brown/courtsystem.html>. The Library of Congress. ""With an even hand" Brown v Board at Fifty." 18 October 2004. Library of Congress Exhibition. 22 January 2009 <http://www.loc.gov/exhibits/brown/brown-brown.html>. Thomson Reuters. "US Supreme Court - BROWN v. BOARD OF EDUCATION, 347 U.S. 483 (1954) ." 2009. FindLaw. 18 January 2009 <http://laws.findlaw.com/us/347/483.html>. Tsesis, Alexander. "The Thirteenth Amendment and American Freedom." New York: NYU Press, 2004. 74-75. U.S. Constitution: Amendment fourteenth - Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection. Supreme Courtof the United States. 07 09 1869. U.S. Constitution: Amendment fourteenth - Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection. Supreme Court of the United States. 07 09 1869.

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