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The opinion in Brown relied on a number of constitutional theories and historical facts to arrive at the decision that segregated schools were unconstitutional. Briefly describe what these laws and facts were, and tell me what do you think is the most important part of the decision in Brown and why you think so

Submitted: 234 days and 9 hours ago.
Category: Homework
Value: $35
Status: AWAITING EXPERT REPLY
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Posted by Tutor Tina 234 days and 8 hours ago.

Info Request

Hello XXXXXXXXXX,
I will be happy to do this assignment for you. When is it due? Are you supposed to cite references or is this just a personal opinion based on your reading?

234 days and 8 hours ago.

Reply

no I do not need to cite. It is just a short opinion paper.It is due tomorrow but I only need to fill in another half of page before my last paragraph.I was sick the day of this lecture, so thats why i'm stuck.this is what I have so far.
                   In his Majority opinion, Chief Justice Warren explains why the question presented is so important. The first issue is whether the adoption of the Fourteenth Amendment in 1868 applies to this case and specifically public education. Warren states that it does not. Contributing to this is that the south has not yet adopted the movement towards free common schools. The first case to come to the Court involving separate but equal (Warren states) is Plessy v. Ferguson in 1896. This case however did not involve education, but instead involved transportation. The separate but equal doctrine was not tested in the six cases the Supreme Court had seen dealing with this issue. “In none of these cases was it necessary to re-examine the doctrine to grant relief to the Negro plaintiff,” (Warren). In Sweatt v. Painter the Supreme Court did not decide on whether   Plessy v. Ferguson applied to public education. In the cases bundled with Brown, This question is directly presented so the Supreme Court must address it in some manner.   
              The most important question in the case was whether segregation of children in public schools solely on the basis of race deprives the minority children of the equal protection of the laws guaranteed by the 14th Amendment? Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to the races. The white and black schools approached equality in terms of buildings, curricula, qualifications, and teacher salaries.



            last paragraph-    
        The most important part of the decision was that separation according to race is inherently not equal. Despite the equalization of the schools by "objective" factors such as teachers, facilities, and funding, intangible issues foster and maintain inequality. Racial segregation in public education has a detrimental effect on minority children because it is viewed and interpreted by society as a sign of inferiority. The long-held doctrine that separate facilities were permissible provided they were equal was rejected. Separate but equal is inherently unequal in the context of public education. This opinion, which was unanimous, was the final straw in breaking the back of all forms of state sanctioned and maintained racial separation.

Posted by Tutor Tina 234 days and 8 hours ago.

Info Request

Do you mind if I just write an opinion paper and you incorporate it into your paper how you choose? The only reason is because I have already begun writing it. There will be parts you can include in the introduction body and conclusion.

234 days and 8 hours ago.

Reply

sure, no problem. Thank You.

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Expert: Tutor Tina
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Answered: 4/2/2009

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2yrs of college 3.76 GPA University of Phoenix Criminal Justice 10 yrs tutoring 10 yrs Essay &Resea

Posted by Tutor Tina 234 days and 8 hours ago.

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Im sorry I should have proof read that. Give me a few more minutes to fine tune it.

Posted by Tutor Tina 234 days and 7 hours ago.

Info Request

Thank you for the accept!

Here is a better version and I will close the question. I am already paid so do not worry about replying or accepting. Thank you so much for your business.

During the early 1950’s segregation was considered normal. As long as the public agreed that this way of schooling was normal then this way was accepted and therefore legal. This was until the court case decision of “Brown v/s The Board of Education”. There were many factors that contributed to the case origination and conclusion. These opinions lead to 21 states agreeing that segregation of schools was unconstitutional. The opinion that was the catalyst for the Brown case was the opinion of XXXXX XXXXX’s father Oliver Brown. Because Linda had to walk a mile to get to her school, which was segregated for blacks, and she would only have to walk seven blocks if she was white, he felt that that this was unfair. He gained the support of other black parents and children and together they came to the conclusion that this was unconstitutional. They all agreed that the message being sent to black people was “they were inferior” and therefore they were not treated equally which is a violation of civil rights. A question came to mind for the Supreme Court when making a decision. This question was whether or not our fore fathers who authored the 14th amendment had the segregation of blacks and the school systems in mind when the amendment was adopted. On May 17, 1954, Chief Justice Earl Warren read the decision of the unanimous Court:
"We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does...We conclude that in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.”

The most important part of the Supreme Court’s decision and justification thereof is the fact that an expert witness named Dr Hugh W. Speer testified. He testified, “….. if the colored children are denied the experience in school of associating with white children, who represent 90 percent of our national society in which these colored children must live, then the colored child's curriculum is being greatly curtailed. The Topeka curriculum or any school curriculum cannot be equal under segregation." This makes perfect sense therefore justifies, in my mind, the court ruling.

218 days and 11 hours ago.

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Hello I sent you another question. The subject is this is for tina tutor.

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