Excerpt from the 14th Amendment:
Section. 1. All persons born or naturalized in the United States and subject to the
jurisdiction thereof, are citizens of the United States and of the State wherein
they reside. 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.
Excerpt from the 1954 Ruling of Brown vs. Board of 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.
Discussion:
o
o
How is the Fourteenth Amendment related to Brown versus Board of Education?
What is the distinction between the Plessy versus Ferguson ruling and that
considered in Brown versus Board of Education?
o
o
o
o
o
Over how many years have cases regarding segregation been brought?
What is the central question that the ruling says must be answered?
What were the effects of segregation on public education?
What were some of the battles that followed this 1954 ruling? How long was the
delay between the federal court ruling and when some states obeyed?
For those who protested this ruling, what were some complaints? For those who
supported this ruling, what were their arguments?
Oral Histories Assignment:
Tomorrow we will be discussing the impact Brown vs. Board of Education had on
education today. To prepare for tomorrow (Wednesday’s) class, we will divide into
three groups to research three major players in this important change to our nation’s
history. Ms. Bishop has assigned you to a group. Within your group, research the
following and be prepared to present/discuss the information you have learned during
tomorrow’s class. The three key individuals are George Wallace of Alabama, Jesse
Helms of North Carolina, and Ruby Bridges/Harriet Love. Please work together to find
out more about your historical figure. The following information should be discussed
within your cooperative groups:
o
o
o
o
a short biography of the person (no more than two paragraphs)
at least two quotes showing support for segregation (George Wallace and
Jesse Helms) or a quote indicating the struggle of integration (Ruby
Bridges)
an important cause that this person supported, and why this was important
to them (this does not have to be related to Civil Rights)
a short paragraph on the present-day political or economic status of the
state in which this person lived
The knowledge gained from today’s research will be used tomorrow in class. Be sure to
take notes with your information so you are prepared for our discussion and lesson.