Separate is not Equal

America has a long history between African-American and Caucasian white people that has a negative connotation in our society. Then there was the history of slavery and segregation along with all the negative tails we reminisce over when any racism issue presents itself. The very fact that there was a case such a Brown v. the Board of Education of Topeka (1954) where black students had to fight for equal education as white students is one of these reminders. African Americans have never been treated fairly any time in history based on societies moral and values.

It has always been a court’s decision the black people’s defense to enforce the law. This case was no exception and the supreme judge’s rulings based on the 14th amendment was interpreted correctly. I agree that the Supreme Court made the right decision to integrate black and white students because separate is not equal.

There is nothing in history that would have proved that African American schools would have received equal funding for their education. This court case was in full swing post-slavery and a time of segregation. Black businesses, home, and church were being burned down. In addition, many black people were lynched and killed because of their existence. The white supremacist and hatred groups in all walks of life from politicians to street gangs had not done anything to make African American believed that there would be equality for black students in their own schools (Daniels & Pereira, 2017). It is mainly because of this why I stand by the supreme court’s decision. The fourteenth amendment was interpreted that a separate education would have violated human rights of equality. Recalling from history black people were deprived of literacy and was barred from learning how to read and write (Fantuzzu, 2018). Therefore, what justification does the history of America gives black student not to fight for equal education?

Schools are federally and state funded as a resource to make dreams come through. The constitution states that everyone is equal, then equal education presumable falls under this law. It seems like as time went by, people over all had become more enlighten in education and justification. It was about 60 years before this case was Plessy v. Ferguson (1896) were three judges ruled that separate can be equal (Golub, 2015). As a result, many African American students were deprived of quality education over the years. However, with persistence black people became enlighten about the laws and request that the law be reviewed again. This is to show that the American society in a work in progress where the same laws are being redefine repeatedly (Barnes & Chemerinsky, 2018). Inequality in education still goes on to this day. The reformation continues in our society

As we look at the American society today, one can see a reflection of what it would be like hadn’t the court agree that black students have the right to equal education. Living in New York City, one can see the difference in funding of education. Schools in the poor community such as South Bronx, parts of Mt. Vernon and another inner-city neighborhood are poorly funded. The schools in upper-middle-class areas and where wealthy people reside are more funded. Most people living poor neighborhood with underfunded schools are minorities. On the other hand, schools that are well funded are in the upper middle class and wealthy neighborhoods that have more white people living there (Dodge, 2018). Well-founded schools have more resources and programs than others underfunded schools. Funded schools have more recreational programs, academic programs, a wider variety of sports programs. More funded schools have music and scientific programs, library and computer resources. In addition, students who attend these types of schools get more exposure to a variety of learning environments and are bound to achieve more in life. On the other hand, students who attend schools that are underfunded, have less exposure to quality education and are deprived of succeeding in life (Fiss, 2018).

It is a disgrace to see parents must use someone’s address to get their children into a highly funded school. They do this because the school system that’s in America still have spectrums of inequalities. Minority parents in a poor neighborhood want the best for their children so that their improvised condition can be changed (Dodge, 2108). Many times, it’s board cast on the local news and in the newspapers how the United Federation of Teachers (UFT) union would protest for better funding for inner city schools in addition to better pay. On many occasions, schools and the union would rally up parents and supporters to go up to Albany to lobby for funding to provide better resources in a poor neighborhood (Fantuzzu, 2018). If this is happening now, just imagine how it was in the 1950s. It could have been predicted that poor black children would have never received equal education, its not even happen now.

The 14th Amendment written and implemented by Abraham Lincoln has been one of the most used laws in the constitution to solve issues of injustice and inequality. Nowhere better has it been proven reliably than one of America’s landmark cases as in Brown v. the Board of Education of Topeka, (1956). I agree with Judge Chief Justice Warren of the court that “in the field of public education, the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.” (Urofsky, 2015).’

There were oppositions to integrated schools for years before this case. Plessy v. Ferguson (1896) was one of the many education setbacks in American history as far as race and education is a concern (Golub, 2015). Opposers who did not want their children integrated for no specific reason. Its only based on the color of skin and inferiority complex. For argument sake, let’s say that it is possible that separate is equal. The federal government would have to create an entire department of education for minorities. In addition, it would have to create separate schools and agencies to oversee these schools. Judging from the history in America, are people supposed to believe that separate would be have equal? I don’t think so; there would have been many discrepancies to carry out such jurisdictions. Not to mention such departments would have been overwhelmed with corruptions, unorganized bureaucracy, unequal funding, and lack support. It would have never worked (Landford, 2018).

As we look back today, how would it look if the Plessy v. Ferguson (1896) law was still in place in a civilized well productive country like America? What would people in other countries think about us? America operates as the world’s big brother. The country that contributes to the aide of other countries in need is going to have its own country divided. This is the United States of America. The land of freedom and opportunities. The land that embarks on its patriotism and proudly waves its flag in the name of liberty. Oh, say can you see, that segregation contradicts everything America stands for. The American constitution applies to everybody. However, some people believed that the constitution is only applies to some and not others. Some believe that the laws of this land are in favor of the elite. It takes laws like the Equal Opportunity Acts and Affirmative Action (1964) to continuously fix and enforce the true meaning of existing laws (Atiram, 2018). We still see the remnances of an unbalanced system today. I would not be surprised if there are more civil rights cases in the future.This is the second time that a case of such manner has been presented before judges of the Supreme Court. In 1896 in the Plessy v. Ferguson, Supreme Court judges have ruled in favor that separate is equal. That black and white students can be equally educated in separate schools.

After about 60 years, African American students brought this issue to our take under the councils of their representatives that separate is not equal. That they would like to seek justice as an American according to the 14t h Amendment. These cases have complied from different states that were students face immense oppression in obtaining equality in education.

Since this country has become independent in 1776, we are constantly going through a revolution in how we represent our beliefs and uphold our laws. As result, America is continuously going through a revolution to make each citizen experience this patriotism. As result, not only do the laws keep this society in line with patriotism and our beliefs. A faction of people also reforms the way how society is constructed through various social movements. It brings into question, does the law conserve a society or do the people equivocate the laws. It has come to my knowledge that our check and balance system for the United States involves the Supreme Court, Congress, the Executive branch and the People.

Many factions of people have caused the laws to be interpreted, upheld and changed. In the domain of equality, civil rights, and education, there is no exception. Issues with discrimination and justice have come to our tables more than any other types for cases for interpretation. Most of the time, it takes the people who are the 4th branch of the government to bring issues to our attention that would have never been reviewed by any of the three branches of government. Due to the protest and complaint of the people why the 15th amendment was ratified to give all citizens the right to vote. African American men could vote, but women of any race could not vote. It was the people that led to the creation of the 19th amendment and for it to be ratified in 1920 which gave women the right to vote. 1848 was the major turn for women at Seneca Falls where 300 people signed the Declaration of Sentiment to bring to the attention of the government to end discrimination against women (Trachtman, 2016).

Education is one of America’s prized possession where we believed in order to succeed in life, one must acquire the proper tools. Education is the dominant factor in becoming in one’s achievement. As we reflect on this court case, we would be depriving the youths of America the proper tools to exercise their rights as an American. We would not be upholding our beliefs that the forth branch is right this time again. The 14th amendment clearly states equality for all. The very idea of separate schools already violates any laws that written and implemented for the purpose of equality. Evidently, African American seek justice by filing this case because they were not receiving the same manner of education as their white counterparts. This not based on psychological onions and assumptions. African American teachers and counsel have presented factual evidence that supports their belief that they are being funded unequally and treated unfairly. If we believe in the United States that provide opportunities, then we cannot stand by and watch as only one set of our American born youths represents the American dreams. The government cannot be view as the barricade for the youths of tomorrow success. We cannot be the stumbling blocks for dreams.

In a democratic society, the representation of freedom has no place. Our knowledge, experience, education, and wits does not overpower that of the majority which is the people who we made a vow to serve and protect. These are the people that rely on us to be unbiased, truthful, upheld the constitution in good faith. In many events, we will see how the courts must interpret the laws, put our own biases aside and provide the majority, the forth their rights. This the case in the Civil Rights Act (1964), Roe v. Wade of (1973), and same-sex marriage rights in the case of Obergefell v Hodges (2015), (Trachtman, 2016). It took the people to made us aware that there are faults in the way how we interpret our laws. Since the Plessy v. Ferguson (1957) case until now, the people were right then and did not receive proper justice. Now we have a chance to provide due process to the citizens of America.

Separate schools are not equal under the laws of the constitution and have no place to be upheld in the United States of America. We have unanimously concluded that separate cannot be equal.

End

As we look over American history, there have been surmountable cases of inequality in various aspects of our culture and society. Equality for all in the field of education has a history of its own. As Harlan mentions in his dissent in the Plessy v. Ferguson case, “the constitution is color blind and neither knows nor tolerate classes among citizens…all citizens are created equal.” (Malveaux, 2017).’

References

1. Atiram, B. (2108). From Brown to Rule 23: The rise and fall of social reform class action Review of Litigation, 37(1), 47-87.
2. Barnes, M. L., & Chemerinsky, E. (2018). What can Brown do for you? Addressing McCleskey V. Kemp as a flawed standard for measuring the constitutionally significant risk of race bias. Northwestern University Law Review, 112(6), 1293-1336.
3. Daniels, G.B., & Pereira, R. (2017). Equal protection as a vehicle for equal access and opportunity: Constance Baker Motley and the Fourteen Amendment in Education Cases. Columbia Law Review, 117(7), 1779-1802.
4. Dodge, J. (2018). Redrawing school district lines: Reducing the link between educational inequality and economic inequality. Georgetown Journal on Poverty Law & Policy, 26(1), 165-184.
5. Fantuzzu, J. (2018). Admitting a sense of superiority: Aggrandized higher education status as an objection to educational inequality. Studies in Philosophy & Education, 37(6), 579-593.
6. Fiss, O (2018). The accumulation of disadvantages. California Law Review, 106(6), 1945-1967.
7. Golub, M. (2015). Plessy as ‘Passing’. Judicial Responses to ambiguously raced bodies in Plessy v. Ferguson. Law and Society Review 39(3), 563-600.
8. Landford, C. L. (2018). Appealing to the brooding spirit of the law: Good and evil in landmark judicial dissents. Argumentation & Advocacy, 44(3), 119-129.
9. Malveaux, S.M (2107). The modern class action rule: Its civil roots and relevance today. Kansas Law Review 66 (2), 325-396.
10. Trachtman, M.G. (2016). The Supremes’ Greatest Hits, 2nd Revised & Updated Ed.: The 44 Supreme Court cases that most directly affect your life. New York, NY: Sterling Publishing Co.
11. Urofsky, M.I. (2015). Dissent and the Supreme Court: Its role in the court’s history and the nations’ constitutional dialogue. Pantheon Books: New York, NY.

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