Analysis Of Brown V. Board Of Education Essay examples

920 Words Nov 15th, 2016 4 Pages
Following the groundbreaking and overwhelmingly momentous Supreme Court ruling in Brown v. Board of Education, the “separate but equal” policy was officially held unconstitutional. While many celebrated the decision as a testament to upholding racial equality, Southern white nationalists were not so thrilled with the decision. Thus, they created and submitted the Southern Manifesto, a legislative document condemning Brown as a violation of the balance of constitutional power between the nation and states. Moreover, in the Manifesto legislators contended that the “separate but equal” policy had become a “way of life” (Southern Manifesto on Integration) for the United States and that this decision “destroyed the amicable relations between the white and Negro races” (Southern Manifesto on Integration). Lastly, in the Manifesto it was argued that the Supreme Court had overstepped its bounds in being judicially overly activist and politically charged. In Strauss’s constitutional analysis of Brown v. Board of Education, Common Law Genius, Strauss addresses two of these three arguments: Strauss explains that the “way of life” argument is moot considering the wide range of constitutional challenges to separate but equal policy and the legal vagueness and problems regarding what equal between whites and blacks means. Strauss also addresses the judicial encroachment by explaining that there has been precedent for the Supreme Court to strike down policies that were already in…

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