Brown v. Board of Education in the context of "School segregation in the United States"

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⭐ Core Definition: Brown v. Board of Education

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court which ruled that U.S. state laws establishing racial segregation in public schools violate the Equal Protection Clause of the Fourteenth Amendment and hence are unconstitutional, even if the segregated facilities are presumed to be equal. The decision partially overruled the Court's 1896 decision Plessy v. Ferguson, which had held that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that had come to be known as "separate but equal" and was rejected in Brown based on the argument that separate facilities are inherently unequal. The Court's unanimous decision in Brown and its related cases paved the way for integration and was a major victory of the civil rights movement, and a model for many future impact litigation cases.

The case involved the public school system in Topeka, Kansas, which in 1951 had refused to enroll the daughter of local black resident Oliver Brown at the school closest to her home, instead requiring her to ride a bus to a segregated black school farther away. The Browns and twelve other local black families in similar situations filed a class-action lawsuit in U.S. federal court against the Topeka Board of Education, alleging its segregation policy was unconstitutional. A special three-judge court of the U.S. District Court for the District of Kansas heard the case and ruled against the Browns, relying on the precedent of Plessy and its "separate but equal" doctrine. The Browns, represented by NAACP chief counsel Thurgood Marshall, appealed the ruling directly to the Supreme Court, who issued a unanimous 9–0 decision in favor of the Browns. However, the decision's 14 pages did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision in Brown II (1955) only ordered states to desegregate "with all deliberate speed".

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👉 Brown v. Board of Education in the context of School segregation in the United States

School segregation in the United States was the segregation of students in educational facilities based on their race and ethnicity. While not prohibited from having or attending schools, various minorities were barred from most schools that admitted white students. Segregation was enforced by laws inU.S. states, primarily in the Southern United States, although segregation could also occur in informal systems or through social expectations and norms in other areas of the country. Segregation laws were met with resistance by Civil Rights activists and began to be challenged in the 1930s in cases that eventually reached the U.S. Supreme Court.

Segregation continued longstanding exclusionary policies in much of the Southern United States (where most African Americans lived) after the Civil War. Jim Crow laws codified segregation. These laws were influenced by the history of slavery and discrimination in the US. Secondary schools for African Americans in the South were called training schools instead of high schools in order to appease racist whites and focused on vocational education. School integration in the United States took place at different times in different areas and often met resistance. After the ruling of Brown v. Board of Education in 1954, which invalidated segregated-schooling laws, school segregation took de facto form. School segregation declined rapidly during the late 1960s and early 1970s as the government became strict on schools' plans to combat segregation more effectively as a result of Green v. County School Board of New Kent County. Voluntary segregation by income appears to have increased since 1990.

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Brown v. Board of Education in the context of White flight

The white flight, also known as white exodus, refers to the sudden or gradual large-scale migration of white people from areas becoming more racially or ethnoculturally diverse to more racially homogenous suburban or exurban regions. The term has more recently been applied to other migrations by whites from older, inner suburbs to rural areas, as well as from the American Northeast and Midwest to the milder climate in the South and West. The term 'white flight' has also been used for large-scale post-colonial emigration of whites from Africa, or parts of that continent, driven by levels of violent crime and anti-colonial or anti-white state policies. Starting in the 1950s and 1960s, the terms became popular, especially in the United States.

Migration of middle-class white populations was observed during the civil rights movement in the 1950s and 1960s out of cities such as Baltimore, Cleveland, Detroit, Kansas City and Oakland, although racial segregation of public schools had ended there long before the Supreme Court of the United States' decision Brown v. Board of Education in 1954. In the 1970s, attempts to achieve effective desegregation (or "integration") by means of busing in some areas led to more families' moving out of former areas. More generally, some historians suggest that white flight occurred in response to population pressures, both from the large migration of blacks from the rural Southern United States to urban cities of the Northeastern United States, Midwestern United States and the Western United States in the Great Migration and the waves of new immigrants from around the world.

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Brown v. Board of Education in the context of Racial segregation in the United States

Facilities and services such as housing, healthcare, education, employment, and transportation have been systematically separated in the United States based on racial categorizations. Notably, racial segregation in the United States was the legally and/or socially enforced separation of African Americans from whites, as well as the separation of other ethnic minorities from majority communities. While mainly referring to the physical separation and provision of separate facilities, it can also refer to other manifestations such as prohibitions against interracial marriage (enforced with anti-miscegenation laws), and the separation of roles within an institution. The U.S. Armed Forces were formally segregated until 1948, as black units were separated from white units but were still typically led by white officers.

In the 1857 Dred Scott case (Dred Scott v. Sandford), the U.S. Supreme Court found that Black people were not and could never be U.S. citizens and that the U.S. Constitution and civil rights did not apply to them. Congress passed the Civil Rights Act of 1875, but it was overturned by the U.S. Supreme Court in 1883 in the Civil Rights Cases. The U.S. Supreme Court upheld the constitutionality of segregation in Plessy v. Ferguson (1896), so long as "separate but equal" facilities were provided, a requirement that was rarely met. The doctrine's applicability to public schools was unanimously overturned in Brown v. Board of Education (1954). In the following years, the court further ruled against racial segregation in several landmark cases including Heart of Atlanta Motel, Inc. v. United States (1964), which helped bring an end to the Jim Crow laws.

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Brown v. Board of Education in the context of Compact theory

In United States constitutional theory, compact theory is an interpretation of the Constitution which asserts the United States was formed through a compact agreed upon by all the states, and that the federal government is thus a creation of the states. Consequently, under the theory, states are the final arbiters over whether the federal government has overstepped the limits of its authority as set forth in the compact. Compact theory contrasts with contract theory, which holds that the United States was formed with the consent of the people—rather than the consent of the states—and thus the federal government has supreme jurisdiction over the states. Compact theory has never been upheld by the courts.

Compact theory featured heavily in arguments by southern political leaders in the run up to the American Civil War that states had a right to nullify federal law and to secede from the union. It also featured in southern arguments opposing desegregation after the 1954 Supreme Court decision in Brown v. Board of Education. The theory also entered into the Mexico–United States border crisis of the early 2020s.

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Brown v. Board of Education in the context of Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and its enactment was bitterly contested. States of the defeated Confederacy were required to ratify it to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions, such as Brown v. Board of Education (1954; prohibiting racial segregation in public schools), Loving v. Virginia (1967; ending interracial marriage bans), Roe v. Wade (1973; recognizing federal right to abortion until overturned in 2022), Bush v. Gore (2000; settling 2000 presidential election), Obergefell v. Hodges (2015; extending right to marry to same-sex couples), and Students for Fair Admissions v. Harvard (2023; prohibiting affirmative action in most college admissions).

The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause broadly defines citizenship, superseding the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens. The Privileges or Immunities Clause was interpreted in the Slaughter-House Cases (1873) as preventing states from impeding federal rights, such as the freedom of movement. The Due Process Clause builds on the Fifth Amendment to prohibit all levels of government from depriving people of life, liberty, or property without substantive and procedural due process. Additionally, the Due Process Clause supports the incorporation doctrine, by which portions of the Bill of Rights have been applied to the states. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction.

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Brown v. Board of Education in the context of Desegregation busing in the United States

Desegregation busing (also known as integrated busing, forced busing, or simply busing) was a civil rights measure in the United States that came to national prominence in the 1970s. The goal of desegregation busing was to diversify the racial make-up of public schools by transporting students to more distant areas with less diverse student populations. Typically, this involved the busing of black students to schools out of district that were majority white. However, busing also occurred vice versa with the busing of white students to majority black schools.

While the 1954 U.S. Supreme Court landmark decision in Brown v. Board of Education declared racial segregation in public schools unconstitutional, many American schools continued to remain racially homogeneous. In an effort to address the ongoing de facto segregation in schools, the 1971 Supreme Court decision, Swann v. Charlotte-Mecklenburg Board of Education, ruled that the federal courts could use busing as a further integration tool to achieve racial balance.

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Brown v. Board of Education in the context of Desegregation in the United States

Desegregation is the process of ending the separation of two groups, usually referring to races. Desegregation is typically measured by the index of dissimilarity, allowing researchers to determine whether desegregation efforts are having impact on the settlement patterns of various groups. This is most commonly used in reference to the United States. Desegregation was long a focus of the American civil rights movement, both before and after the US Supreme Court's decision in Brown v. Board of Education, particularly desegregation of the school systems and the military. Racial integration of society was a closely related goal.

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Brown v. Board of Education in the context of Gunnar Myrdal

Karl Gunnar Myrdal (/ˈmɜːrdɑːl, ˈmɪər-/ MUR-dahl, MEER-; Swedish: [ˈɡɵ̌nːar ˈmy̌ːɖɑːl]; 6 December 1898 – 17 May 1987) was a Swedish economist and sociologist. In 1974, he received the Nobel Memorial Prize in Economic Sciences along with Friedrich Hayek for "their pioneering work in the theory of money and economic fluctuations and for their penetrating analysis of the interdependence of economic, social and institutional phenomena." When his wife, Alva Myrdal, received the Nobel Peace Prize in 1982, they became the fourth ever married couple to have won Nobel Prizes, and the first and only to win independent of each other (versus a shared Nobel Prize by scientist spouses).

Myrdal is best known in the United States for his study of race relations, which culminated in his book An American Dilemma: The Negro Problem and Modern Democracy. The study was influential in the 1954 landmark U.S. Supreme Court decision Brown v. Board of Education. In Sweden, his work and political influence were important to the establishment of the Folkhemmet and the welfare state.

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Brown v. Board of Education in the context of Special education in the United States

Special education in the United States enables students with exceptional learning needs to access resources through special education programs. "The idea of excluding students with any disability from public school education can be traced back to 1893, when the Massachusetts Supreme Court expelled a student merely due to poor academic ability". This exclusion would be the basis of education for all individuals with special needs for years to come. In 1954, Brown v. Board of Education sparked the belief that the right to a public education applies to all individuals regardless of race, gender, or disability. Finally, special education programs in the United States were made mandatory in 1975 when the United States Congress passed the Education for All Handicapped Children Act (EAHCA) "(sometimes referred to using the acronyms EAHCA or EHA, or Public Law (PL) 94-142) was enacted by the United States Congress in 1975, in response to discriminatory treatment by public educational agencies against students with disabilities." The EAHCA was later modified to strengthen protections to students with disabilities and renamed the Individuals with Disabilities Education Act (IDEA). IDEA requires states to provide special education and related services consistent with federal standards as a condition of receiving federal funds.

IDEA entitles every student to a free and appropriate public education (FAPE) in the least restrictive environment (LRE). To ensure a FAPE, a team of professionals from the local educational agency and the student's parents to identify the student's unique educational needs, develop annual goals for the student, and determine the placement, program modification, testing accommodations, counseling, and other special services which meet the student's needs. Parents are supposed to be equal participants in this process as well as others that are knowledgeable about the child, the meaning of the data collected through the evaluation, and all placement options. The student's plan, to include the above items, is recorded in a written Individualized Education Program (IEP). The child's placement is typically determined by the annual assessment, based on the child's IEP, and as close in proximity to the child's home as possible. The school is required to develop and implement an IEP that meets the standards of federal and state educational agencies. The state department of education oversees its schools to make sure they are compliant to every student's IEP. If schools fail to comply to the child's IEP, the school district may be put on trial. Parents have the option of refusing Special Education services for their child if they choose.

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