Brown V. Board Of Education (1954) Simulation

Brown V. Board Of Education (1954) Simulation

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Brown V. Board Of Education (1954) Simulation

Introduction

Justice, equity and equality are all very important elements of a state or a nation. About the United States of America, this brings even more concern when people of colour are denied their rights and privileges. Herein the case of brown versus education board is discussed in a simulation form, which reveals the nature of the American system and how this system affects people of colour. This is brought out in the case of Brown v. Board of Education (1954). In the case, Oliver Brown accused the district education board of segregation of the white students from the black students because he was denied admission into a white school. He came up with a class-action suit against the board of education and stated that the segregation laws violated the 14th Amendment to the constitution. Herein the party and the case are discussed, the argument presented by the accuser, the counter-argument is also considered and finally, the conclusion. This paper discusses this case in a simulation format.

The Party & Case

The case is mainly about the violation of the constitution and the effects of the violation of the constitution towards Oliver Brown, who was denied admission to a white school. Representing Oliver Brown in the case, the client will provide the evidence and the information needed. Oliver Brown was the father of to girl who was denied admission. He went forward and accused the district board of education of denying the student equality since according to the 14th Amendment, the blacks and the whites were supposed to interact freely and learn together. However, in cases that were difficult to be together, the resources and amenities present in the schools had to be the same for both the whites and the blacks, and this was one thing that was warring. This is because segregation not only considered the resources available but also the social effect on black students was too much to be just left alone.

The social effect the segregation had on the black students was very bad in that when the students saw that they were supposed to go to a certain school because of their skin colour, the one thing that came to their mind was the fact that they were less superior. The quality of education they were going to get from that school was very poor, and they were not going to benefit (Brown v. Board of Education (1954), n.d.). The good thing about observing the 14th Amendment and making sure that both whites and blacks were equal is social justice and an equal share of the resources available.

The fact that the party discriminated against was a black person also made the case very ambiguous. It was easy for most people within the justice system to do away with the case and decide against brown. This shows the continuous systemic racism which has always existed within the American system, with its roots in the slavery form ingrained into the minds of the whites about the blacks. Oliver Brown and her daughter were black made him lose the case in the district court and failed admission into the white school, respectively. The failure to be admitted into the white school was a big issue since it was not just denial and being given a better or equally good chance (Ethridge, 1979). Oliver’s daughter was denied a chance at the white school, which was the closest school to their home, and given a chance in another school that was far away and inconvenient to the girl. This brought out a very large desire to know more about the 14th Amendment and if it provided for this kind of treatment towards the daughter of Oliver brown.

After detailed research and reflection, Oliver brown decided to sue the board of education, and he failed. However, he appealed his case at the united states supreme court, and this was when his intentions were discovered to be very serious since he never gave up. He wanted to fully make sure that he got to all places possible to see her daughter get a quality education without having to go through a hell of experiences in order just to fit into the white led society. He wanted her daughter to get the best education possible, and that would give her everything she needed to become who she wanted to become in her life.

The Argument

The possible arguments range from law to common basic human logic. The major way to convince the judges that the point is valid is to make sure that the facts being talked about are very well documented and connected from law, logic and basic human emotions.

The first and the most important thing is the clear analysis of the 14th Amendment concerning racial relations in schools and how this has affected the American educational system. The 14th Amendment is about the equal application of the law. This Amendment states that the same laws will bind every person within a state, and they are not supposed by any chance to be treated better or in a bad way than the others since this will result in the faulty application of the law, and it is illegal. When a state allows a certain group of people to engage in a certain activity and at the same time denies another group the same right, then it becomes evident that the equal application of the law is not being observed.

When cases about the 14th Amendment are brought before the judges and the jury, there is a very clear consideration of the situation at hand. The two major ways of the court system to look into the issues are rational basis and legitimate state purpose (14th Amendment Equal Protection Clause | United States law, 2020). For example, suppose a state imposes a certain law and a person who feels offended by the same law. In that case, they are allowed to present the issue in a court of law and based on rationality, and the judges decide if the issue is based on ration or legitimate purpose or something else. For example, some police officers getting loans, and others are not being given loans. This can be a valid argument, and it can raise a lot of questions.

There is also suspect classification whereby the state views that a person is a suspect. They are being placed in a situation of segregation or just any situation whereby they cannot get away with their suspected crimes. When a jury realizes that a case involves a case of suspect segregation, it is even looked into deeply. The jury looks at all the factors and decides upon the best interpretation of the law and the case at hand.

In the case of brown versus education board, there is a suspect classification whereby the supreme court had to review the while issue and later came up with their decision, favoured brown due to discrimination he faced because of his daughter wishing to join a white school.

The number one argument is that the 14th Amendment was violated because even though the resources might be the same for the white and the black school, the quality of education and teachers were not the same. The other thing is that the 14th Amendment never mentions it is good to separate blacks and whites (Lutz, 2005). The other argument is that it was not logical for students to be denied access to a nearby school just to be given a chance in a school far away from their home. The other argument was that in the development of the constitution and its amendments, there was a lot that was not yet present. There were new developments that were not foreseen by those who amended the constitution. Therefore we have to be logical and only remain fixed onto a rule that was made when almost no black person attended school.

The Counter Argument

Even though the accuser presents the 14th Amendment as the best weapon, the accused can do the same. The major counter-arguments of the other party would be that the 14th Amendment was not violated in that both schools had the same kind of educational system and that the quality of education was the same (Brown v. Board of Education (1954). From this perspective, therefore, the accused can state that the kind of life that the child chooses to live, whether they feel discriminated against or not, is theirs since they have provided the same resources and everything for both schools. This can add to the accuser’s statement that even though all the material resources are available, how can the teachers be motivated, and how can the black people be helped to deal with their many psychological issues without affecting the performance and success of both schools.

Another counter-argument that the accused can bring up is the case of Plessy v. Ferguson of 1896, which stated that racial segregation did not violate the 14th Amendment. In this case, it is possible that the accused can state that there is no problem with the district board of education practising segregation since the same Supreme Court stated that it was not illegal. The Supreme Court was not supposed to contradict itself by judging otherwise. In the case of Plessy v. Ferguson, the Supreme Court argued that it was not wrong for racial segregation as long as the issues at hand were the same. In this case, the accuser can get information from the accused in that the facilities were the same, but the situations were not the same. In this, therefore, the accuser wins.

The accused’s other argument could be that the accuser was not denied basic rights like the right to education. The accused can state that the accuser was given all the rights only just the inability to choose where to study from the in the real sense when this was denied, it was for the good of the accused since going to a far school enabled her to interact with new people (14th Amendment Equal Protection Clause | United States law, 2020)

. The accuser can learn from this that even though everything can be provided, sometimes the intention matters a lot and not the amount, quantity, and quality of actions taken.

Conclusion

In conclusion, the case of brown versus the board of education does not go through an easy route, but justice is served because brown wins over the board of education. This is justice, and it was what was most needed. There is also a mention of contemporary interpretations of the constitution, which was very important because issues keep coming up and building up, leaving no law to deal with the issue.

References

14th Amendment Equal Protection Clause | United States law. (2020). Www.getlegal.com. https://www.getlegal.com/legal-info-center/14th-amendment-equal-protection-clause/#:~:text=14th%20Amendment%20Equal%20Protection%20Clause%20The%20Equal%20ProtectionBrown v. Board of Education (1954). (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/brown_v_board_of_education_(1954)Ethridge, S. B. (1979). 5.2 Impact of the 1954 Brown v. Topeka Board of Education decision on Black educators. Handbook of Research on Teacher Education, 30(4), 650.

Lutz, B. F. (2005). Post Brown vs. the Board of Education: The effects of the end of court-ordered desegregation.