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... ep, both sides lawyers submit written arguments, briefs, to the judges to try and persuade them to make a decision in their favor. In the Brown case, and the other four cases, the plaintiffs argued that segregation was unconstitutional because it causes inequality in education. Also, in the Brown case, nearly two dozen amicus curiae (friend of the court) briefs were submitted, with permission, by organizations and individuals who were not directly involved in the case. These briefs were very influential in the Courts decision.
In the oral step, the lawyers speak for a limited amount of time. They are able to touch up on any unclear points as well as answer any questions the justices have. In order to really understand why the justices came to the decision they did, it is important to examine the Fourteenth Amendment, the more influential amicus curiae briefs, and the oral exchanges between the lawyers and the Court. The Supreme Court struck down the separate but equal doctrine on the grounds that it was in violation of the Fourteenth Amendment.
In the Fourteenth Amendment it states that, No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. The Court, finally, recognized that the idea of separate but equal did abridge the privileges of African American citizens. Segregation caused them to receive an inferior education. The American Veterans Committee, Inc submitted one very powerful brief.
The AVC was an organization of veterans who served in World Wars I and II and the Korean conflict. They urged the Court to uphold the democratic ideals for which they fought. It was explained that in the battles over-seas there was no separation by race, blacks and whites fought side by side. Most importantly though, they wanted to make sure that the Court new they felt that segregation was similar to the racism that they fought against in Word War II, and that it was harmful to our nations welfare. The American Jewish Congress, also, submitted a brief.
It basically stated that unjust injuries to one group would harm everyone. Considering the tragic history of the Jewish people, they were not strangers to persecution. They made it clear that they would not stand passive while one minority was discriminated against because of the color of their skin. The Congress of Industrial Organizations was very interested in maintaining the democratic rights of all citizens. Therefore, they submitted a brief that showed their support for the elimination of segregation. The CIO was directly assaulted by the separate but equal doctrine, because despite the fact that they strongly opposed segregation they were required to segregate their own facilities.
They made it clear to the Court that they wanted to practice non-segregation and non-discrimination in every way. Perhaps one of the most important briefs was the one by the American Federation of Teachers. They explained that segregation in schools was harmful to both the majority and minority groups. It damaged the moral sense of the majority as well as the sense of justice for the minority. They, also, mentioned how in the pledge of allegiance, when people would say one nation, indivisible it was a lie.
The nation was divided into colored and white. The Federation of Citizens Association of D. C. represented many people of different races and backgrounds throughout the country. Their main goal for submitting a brief was to let the justices know that they rejected the idea of segregation, and they wanted to be a part of curing one our democracy's conspicuous failures. They felt that by abolishing segregation we would come closer to being at peace with people from all over the world.
The Attorney General of the United States proposed, in his brief, that America should set an example for the rest of the world and prove that a free democracy is the best form of government ever devised by man. He argued that, by segregating, we were going against our own idea that all men are created equal. At one point he wrote, The color of a mans spindles not diminish or alter his legal status or constitutional rights. Furthermore, he argued that by having discrimination supported by law, we were undermining our societies values: freedom, justice, and equality.
The most accurate idea of why the Court decided the way it did is in the oral arguments heard by the court and what the Justices themselves said. In Brown, 1952, Robert Carter, an attorney for the NCAAP, made it clear that, under the Fourteenth Amendment, no State has the right to use race as a factor in affording educational opportunities among its citizens. He went on to show that the only reason Negro children couldnt attend white schools was because they were Negroes. This oral argument was very important, because it showed that segregation was in violation with the Fourteenth Amendment. In Briggs v. Elliott, 1952, Thurgood Marshall, another attorney for the NCAAP, showed that, through witness accounts, segregation takes away blacks equal status in the school community and injures their self-respect.
John W. Davis, an attorney for the defense, then declared that the witnesses basically were not in the position to say that because they were not directly involved. Marshall went on to say that the main point is: Negroes are taken out of the mainstream of American life in the states. This is was a powerful argument by Marshall, because it showed that the Negro students really were suffering due to segregation. In the Briggs v. Elliott, 1953, Marshall told the Court about how white and black kids are friends, yet they have to be separated in schools.
Also, he made a statement declaring that the Fourteenth Amendment took away the states power to use race. This was an extremely important argument, because it showed how segregation violated the Fourteenth and that children of different races really can get along. Obviously, the best way to answer the question of why the Court decided the way they did would be to look at the Courts decision. In Brown I, 1954, the Court explained that they felt education was perhaps the most important function of the government. With this in mind, they felt that it must be available on equal terms to all citizens.
The Court went on to say that, even though the physical features of the education for the minority was equal to the majority's, segregated schools deprive the minority children of equal opportunities. The Court had shown that they, finally, realized that discriminating due to race in education was very harmful and caused much damage. Knowing that the Court thought of education as the very foundation of good citizenship, it is quite obvious that they wanted to make it the best system that it could possibly be. Why did the Court reverse its outlook after 64 years?
There are, clearly, several reasons. A large factor that was involved was World War II. This war, as horrible as it was, united our nation and helped us realize how important a free democracy really was. Another large factor is that the personnel of the Court changed. The new justices were, obviously, more sympathetic to the African American movement. The timing was right, as well.
The two prior decades were a time of the trend towards the entire nation being supportive of black civil rights. Also, for the first time the Court focused on the effect of segregation itself on education, rather than if the facilities were equal. Even after the Court announced its decision, progress towards actual desegregation was slow. Some areas in the South were scenes of violence between the two races. Ten years after the decision, only ten percent of African Americans in southern states attended desegregated schools. Finally, by the 1960 s the federal government and the Supreme Court had established guidelines in order to accelerate the desegregating process.
The precedent of the Brown case was used to desegregate many other public places in the years to follow. This case was, easily, one of the most influential cases in American history. Segregation, supported by law, based on race was shut down forever. Every life in the nation was affected by it. Even today we are affected. The United States would be a completely different place if not for that decision.
It helped to revolutionize the way that minorities were treated. It changed the morals of the nation. It was no longer okay to discriminate based on race. Studying this giant step in our history is beneficial to show how are nation became what it is today: a place where anyone, of any belief, race, sex, or origin, can come and live without fear of being discriminated against. Bibliography:
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