Our class hosted a mock trial today simulating the famous Supreme Court case, Brown v Board of Education. This case argued the constitutionality of the “separate but equal” precedent set by Plessy v Ferguson.
Read more about the arguments made in Plessy v Ferguson here!
Brown claimed that school segregation violates the “equal protection clause” under the 14th Amendment. Students in our class arguing on behalf of Brown presented that the separate but equal law is arbitrary and capricious, meaning unpredictable and inconsistent. Another student presented the idea that separate but equal is simply a legal fiction. This law may be fair on paper, but it is not fair when applied in reality. Furthermore, it was noted that if African Americans have less educational resources, then the economy will ultimately be damaged for society as a whole.
The education system argued to uphold the separate but equal law. Students arguing on behalf of the board of education explained that the idea of separate facilities for blacks and whites is embedded in American history and culture. It is not “our way” to force these two populations to integrate. This can be seen at the extreme when practicing religion. Moreover, forcing integration would be a drastic change in our culture, and people prefer an incremental change. It was also argued that this issue should not be addressed at the federal level, it is a state’s rights issue. Each state should set aside emotion over logic and recognize that such a change would have a large strain on both communities if integration was enforced.
In the end, Brown won his case, striking down the stare decisis of Plessy v Ferguson and finally integrating schools.
Sources:
https://www.oyez.org/cases/1940-1955/347us483
https://www.ourdocuments.gov/doc.php?flash=false&doc=87
https://www.thirteen.org/wnet/supremecourt/rights/landmark_brown.html
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