Unit 3 Assignment 1: Brown And Federalism

Improved Essays
PS1355
Unit 3 Assignment 1: Brown and Federalism
Sierra Baltins
Wednesday

Judicial review is the court’s authority to check on executive or legislative acts to see if they are constitutional or not. The Supreme Court uses the power of judicial review to ban state and federal laws that go against the Constitution. If members of the judicial districts and circuits are unhappy with Supreme Court decisions they may attempt to pass a bill to prevent federal court hearings. This power has been used to point out that “separate but equal” went against the 14th amendment. The 14th amendment meant equal protection, and “separate but equal” made African American students feel inferior to white students.
“Separate but equal” basically gave both blacks and whites equal rights, but blacks were not allowed to be inside a building with whites. A good example is the Jim Crow laws, which were held in the southern states that segregated the two races in separate facilities. Although African Americans had access to the same activities whites are allowed to, the African Americans had a poorer quality. This was acceptable for a long period of time because the Civil Rights cases held in 1883 had stated that Congress
…show more content…
Board of Education, because of the previous court holding Plessy v. Ferguson. The Equal Protection Clause states that no state can discriminate against anyone regardless of skin color, gender, or religious views. LDF lawyers in Brown argued that separate but equal goes against the Equal Protection Clause. The states wanted to take a couple years to successfully desegregate the schools, which the Court deemed as unconstitutional because the states were being “evasive”. After Brown II, federal courts had to be held to integrate the bus systems and more discrimination toward the African Americans. The Civil Rights Act of 1964 was requested by John F. Kennedy to ban public

Related Documents

  • Improved Essays

    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…

    • 920 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    In the play, A Raisin in the Sun, Hansberry reflects on the social changes that were occurring for blacks in America, while including her own experiences with racial issues in the play. Hansberry creates a fictional family, named the Youngers, that represents the typical black-American family living in Southside Chicago in 1954. The Youngers endure many challenges that test their relationships, identities, and beliefs, but overcome their adversities when they come together as a family. Ironically, separate but equal laws nurtured an environment for segregation and ingrained racism. The affirmative action policy was an attempt to eradicate discrimination on a basis of a person’s race, ethnicity, language, sex, religion, disability, sexual…

    • 1440 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    Cordell Adams Holt Legal systems 8 October 2017 Plessy v.s Ferguson and Brown v.s Board of education Huge changes to equal rights in America all started in 1892 from two cases, first Homère Patrice Adolphe Plessy v.s judge John H. Ferguson followed by Oliver Brown v.s Board of Education. The Plessy v.s Ferguson case first created the idea of separate but equal in 1896, but in 1954 that changed, in a good way due to the popular case known as Brown v.s Board of education. These cases Plessy v.s Ferguson and Brown v.s Board of education both severely impacted segregation in America, the reason why we are not splitting up bus seats and schools based on race. First, 1892 the change started with a court decision “separate but equal from…

    • 1066 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    This clause brought down several cases of racism. The Brown v. Board of Education was also a case that dealt with discrimination against African Americans. This issue occurred between the years of 1954-1995 because an African American student wanted to go to a more local school that happened to be all white. Most of the student’s parents were not happy about the Court’s ruling, so they withdrew their kids from that school, finally ending segregation in the public schooling system. African American have not always been treated as equal as they are today..…

    • 625 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Brown v. Board of Education is considered a landmark Supreme Court case due to the fact that it showed the need for racial equality in the United States, and completely changed the legal notion of “separate but equal”. This case was about racial based segregation with children in public schools, because the “separate but equal” rule was violating the…

    • 985 Words
    • 4 Pages
    Great Essays
  • Improved Essays

    Board of Education was the Supreme Court case that overturned Plessy v. Ferguson. Oliver Brown and many other civil rights groups worked together to challenge racial segregation in schools, and ultimately succeeded. Brown took the Board of Education of Topeka to court, but the Federal district court ruled that segregation was constitutional. When five different cases about racial segregation in schools reached the Supreme Court, they were all merged into one case called Brown v. Board of Education. After hearing arguments that racial segregation violated the Equal Protection Clause of the Fourteenth Amendment, Chief Justice Earl Warren ruled in favor of Brown in 1954.…

    • 1660 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Brown v. Board of Education is a historical landmark case that came from Topeka, Kansas where a young girl by the name of Linda Brown was denied admission to her local elementary school for the color of her skin. This supreme court case made the decisive decision between whether racial segregations in public schools is unconstitutional. More decisively the decision that changed the ruling of Plessy v. Ferguson that argued that although people are separate but equal, when it comes to education there is no way to make it fully equal then to integrate. This case was used by the NAACP to fight for Linda Brown. Allowing her and many other people like her to go to the all-white school.…

    • 766 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The concept of Judicial Review was informed so the Supreme Court of the United States reviews whatever legislative act by the constitution validity. Even though the function of Judicial Review is not a main topic in the constitution, it was conformed before it the constitution was adopted. As there were cases being overturned in state houses, the Supreme Court had to fulfill the rule of the Constitution. Judicial Review confirmed that the people of the country would remain supreme to the legislative. Te Supreme Court was the protectors of the Constitution.…

    • 245 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The Civil Rights Act of 1964 was crucial in opening the door for integration of blacks into white schools. Prior to the passage of the Civil Rights Act, integration was not enforced and black families and leaders who were courageous enough to fight for integration were often threatened and became victims of racial violence. Although the 1954 Supreme Court decision, Brown v. Board of Education, ruled that state sanctioned segregation was a violation of the 14th Amendment, many school districts across the country ignored this ruling and continued a policy of segregation. For example, community groups, such as the White Citizens Council, actively fought against integration and often pressured businesses and financial institutions to punish those…

    • 241 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Brown v. Board of Education Brown v. Board of Education was found December 9,1952-May 17,1954. There was many landmark in the United States Supreme Court which many African American didn,t have the rights. Brown v. Board of Education impacted the Civil Rights movement,cases about the litigation on discrimination,The Little Nine Rock,and education. Brown v. Board of Education impacted the Civil Rights movements. Supreme Court said that state laws setting up separate public schools for Black students were unconstitutional.…

    • 747 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The decision on this case affected the decision on the Plessy v. Ferguson case by saying the case did in fact contradict the Fourteenth Amendment and no one is equal if they are separated. According to “FindLaw's United States Supreme Court case and opinions.” (Findlaw, caselaw.findlaw.com/us-supreme-court/347/483.html), " Plessy v. Ferguson, this finding is amply supported by modern authority. Any language in Plessy v. Ferguson contrary to this finding is rejected. " This means that no matter what the decision was in the Plessy v. Ferguson case that Brown v. Board of Education changed the precedent and if any one tried to go against this final decision, they could be…

    • 1298 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The concept of “checks and balances” is a policy implemented by our founders, which separates the three branches of government into the legislative, judicial and executive branches. The main purpose of this system is to ensure that the powers of the national government are separated from one another. The Legislative branch, composed of Congress is broken up into two chambers, the Senate and The House of Representatives. These two chambers are meant to have each state represented in them, of which officials were elected directly by the people in an open election.…

    • 843 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    J. Cecelia Shaulis April 13, 2015 Pols-Y 211 Dalecki Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution.…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Plessy v. Ferguson and Brown v. Board of Education Segregation is one of the problems that the United States have had for years. The Plessy v. Ferguson and Brown v. Board of Education the two cases that changed the course American History. The majority in both Plessy v. Ferguson and Brown v. Board of Education cases are one of the main reasons why these case were found unconstitutional. Another reason why they were found unconstitutional was because they violated the Fourteenth Amendment. The last reason these case were found unconstitutional was due to them segregating people based of of their race.…

    • 1548 Words
    • 7 Pages
    Improved Essays
  • Superior Essays

    Separate But Equal Essay

    • 894 Words
    • 4 Pages

    Separate but Equal Plessy v. Ferguson was the first case to justify segregation using the ‘separate but equal’ doctrine. The Supreme Court’s stand on the Brown v the Board of Education case has been appreciated with much significance. To some people it was a sign of the beginning of the civil rights in the 1950s and the 1960s while to others it was an indication of the crumbling of segregation. The Brown decision is a landmark in history as it overturned the legal policies that had been established by the Plessy v. Ferguson decisions that made practices of separate but equal legal. For a long time, civil rights movements in the first fifty years of the 290th century were concurrent with the policy, separate but equal, in efforts to get a grip…

    • 894 Words
    • 4 Pages
    Superior Essays