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