The 14th Amendment was a milestone in the United States history. It is the sole amendment that keeps our people and their rights together. The rights of the people are a major aspect to keeping the American society going in a positive direction. With no rights, the government of the United States would be purely communism with one leader giving all of the orders. In most cases, history has proven that way of running your society is not the most successful way of doing things. Other than the American citizens, another major factor that the 14th Amendment affects is the education system. Keeping the equality between all students is key in today's world. One of the most grossing arguments is on how to have total equality with all races, genders …show more content…
The amount of unfairness that went on at the time affected everyone socially, economically, and with their education. No person can peacefully learn when they are scared about what might happen to them when they walk outside. Everybody at school is there for a reason. To get an education and further grow socially and intellectually as a person. Yes, segregation and inequality was happening all over no matter who you were, but when it comes to education the unfairness should cease as you are only there to learn. A popular case that has left its mark on the United States for years to come is Brown vs. Board of Education. Scott F. Johnson, a Professor at Concord Law School at Kaplan University states the court's decision as, “We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs…are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the 14th Amendment.” This is a very essential quote for this topic especially. As stated earlier, Johnson is saying that there is no reason for inequality to take place where kids are trying to receive an education. In most cases, those students truly
Click here to unlock this and over one million essaysShow More
Argument found in 13th: The abuse of the 13th amendment is an extension to slavery, which was supposedly abolished when the it was introduced, because of the exception clause found in the amendment. AGREE: The 13th amendment has an exception clause that states slavery and involuntary services are illegal except as a punishment for crime. After the Civil had ended and slaves were let free, many police officers were arresting African American people. The south was able to use the African American prisoners as slaves.
IV. Addressing the opposition A. Argument 1 The Plaintiff has argued that this regulation is in best interest for the public and provides security for the society as a whole. They want the regulation to be considered Constitutional because it was voted on by the majority and therefore, it is in the best interest of the community and should therefore be enacted. This argument does not speak to the constitutional issue of the case. The Supreme Court’s main objective is to protect individuals and minorities from oppressive government.
Nowhere in the Constitution does it state that women are citizens. Women have never been legally declared persons in this country, not by the Founding Fathers, not by the Constitution, not by the Supreme Court. The Fifteenth Amendment guarantees to right to vote to all U.S. citizens, whatever their race, whether they had been born free or born a slave, but it didn’t include women the right to vote. Women fought along for the abolition of slavery. When the battle was won, black men got the right to vote.
The 14th Amendment right to equal protection as recognized under Baker v Carr designed on the surface to ensure fair participation in the democratic process, however, it is more so a check on the majority. As Baker v Carr introduces, the 14th Amendment does not cover all types of discrimination. For example, discrimination by the means of improper districting of a state, intentional or not, is not covered by the Constitution. However, what the 14th Amendment does do effectively is put a check on the majority will through rights. The majority rules and the only way to prevent this is through rights, which dictate what people are and are not allowed to do.
The 14th Amendment of the U.S. Constitution protects any person within their jurisdiction of their due process and equal protection. The Equal Protection Clause under the 14th Amendment requires the states to apply their laws equally to any person within their jurisdiction. The equal protection clause aims to provide equal application of the law. It is also crucial to the protection of civil rights. There should be no discrimination in its application.
An important case that shapes how things play out from then on lies with Brown V. Board of Education, but its predecessor Plessy V. Furguson gives some context about how even with the end to slavery and African Americans subsequent gaining of rights, racism and prejudice was still active and even more so encouraged (U.S Court). The court established that even though races could be segregated, they must be considered inherently equal in the eyes of the law (U.S Court). However the Brown V. The Board of Education case shows that this notion is untrue, as facilities segregated were inherently unequal, the court ultimately ruled this practice illegal and led to the desegregation of schools and other segregated public spaces (U.S Court). But even with this ruling from the court many schools across the country, particularly in the south, resisted the ruling and continued to maintain segregated schools (National Museum). A key point of interest that came from this, is the incident with Little Rock High School with nine students becoming icons (National Museum).
America has been through many trying times, and we’ve somehow found a solution for every problem. Some solutions weren’t always the best but in that moment of time they were ‘good enough’. Slavery solved the labor shortage and created a cheap mass workforce for colonial plantations. Freeing the slaves was an attempt to solve post-civil war problems and stitch the nation back together. ‘Separate but equal’ rulings in courts were trying to smooth over the fact that blacks were not equal.
Although the United States had made education for all citizens a major goal in the 1940s there was still large amounts of prejudice and discrimination in the school system. The report states that “We have failed to provide Negroes and, to a lesser extent, other minority group members with equality of educational opportunities in our public school institutions”(Truman). This quote shows another civil rights issue of certain Americans getting treated unfairly based on race because every American deserves the same amount of education. Discrimination in public schools is more prominent in the South where there are lower funds for public schools. The souths segregated school system directly discriminates against blacks.
It has been used to protect virtually all of the rights granted in the Bill of Rights. Certain clauses have their own meaning, such as the Due Process clause, which enabled states to make their own laws and the Equal Protection clause which orders all individuals to be treated as equals. The Fourteenth Amendment has many meanings, yet it has other, overlooked powers that can be put into use
Board of Education is a very important landmark case. This case addressed the constitutionality of segregation in public schools back in the early 1950s. When the case was heard in a U.S. District Court a three-judge panel ruled in favor of the school boards. The plaintiffs then appealed to the U.S. Supreme Court. The Supreme Court went through all its procedures and eventually decided that “Separate educational facilities are inherently unequal” ().
These decisions also made it so job discrimination in federally funded programs were not allowed. In 1954, the U.S. Supreme Court announced a resolution that changed the way students went to school. At the end of the Brown v. Board of Education case, the Supreme Court said that "separate educational facilities are inherently unequal" (Morrison 19). Chief Justice Earl Warren said, "We conclude that in the field of public education, the doctrine of separate but equal has no place" (Somervill
The segregation of schools based on a students skin color was in place until 1954. On May 17th of that year, during the Supreme Court case of Brown v. Board of Education, it was declared that separate public schools for black and white students was unconstitutional. However, before this, the segregation of schools was a common practice throughout the country. In the 1950s there were many differences in the way that black public schools and white public schools were treated with very few similarities. The differences between the black and white schools encouraged racism which made the amount of discrimination against blacks even greater.
Brown vs. Board of Education (1954) declared that separate public schools for African American and White children is unconstitutional. This ruling paved the way for desegregation and was a major victory for the civil rights movement. In regards to providing an equal education I believe this ruling did help to level the playing field. All students would now be receiving equal education and facilities giving them equal opportunity. I do know that it didn 't exactly go down peacefully and many African Americans still did not receive fair treatment for many many years but it was a stepping stone to move education in the right direction.
Thanks to civil rights activists, in 1954 the case of Brown v. The Board of Education of Topeka was held and the Supreme Court determined that separating students based on race was unequal and deemed the act unlawful (CITATION 324). The relationship between society and the education system is forever adjusting, however the twentieth century provided the United States with an entirely new take on what education should look like for all