IRAC - essay case PDF

Title IRAC - essay case
Course Business Law
Institution Duquesne University
Pages 3
File Size 61.8 KB
File Type PDF
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Summary

essay case...


Description

IRAC: Brown v. Board of Education May 25, 2018

Issue:

Does the segregation of children in public schools exclusively only go by on the basis of race deny the minority children of the equal protection of the laws guaranteed by the 14 Amendment? Do separate but equal laws in the area of public education deprive Negro children of the equal protection of the laws?

Facts:

The Plaintiffs, also known as the various Negro children, were denied admission to schools that were attended by white children under laws that permitted or required segregation by race. As a result, the Negro plaintiffs sued, requesting admission to the public schools in their own communities on a “nonsegregated” basis. In addition, Plessy (1896) argued that forcing someone to sit in a certain area or place goes against their own preference, as too they were not given the equal access like everyone else, this was went over in the “Rule of Law”, it is ruled as the “Separate but equal” protection under the law. The individual is allowed to be doing the same thing, but not in the same location.

Rule of Law:

1) 14th Amendment: Greatly used in this case due to it saying that all states will provide equal protection to everyone within their authority. Providing the due process under the law and equally provides all rights to all citizens of this country, regardless of the individuals gender, religious beliefs, and of course the main one in this case, race. 2) “Separate but equal” protection under the law as adopted in Plessy v. Ferguson, 163 U.S. 537

Analysis:

In the instant case, what it comes down to is that even if all physical things are equal in segregated schools such as the classes, salaries between the teachers, or the facilities, there are the intangible things that will be unequal if the students are separated by the color of ones skin. There have been many related issues like this

case where the rulings are found about African American students that should be admitted to a Caucasian school so that the individual of different race would have an equal education opportunity. Nevertheless, there are other arguments that while IRAC: Brown v. Board of Education Misty M. Loar May 25, 2018 not supporting the separation of races, they do not essentially support focused desegregation. There’s been studies that some believe that you can never be fully committed to a decision, but one must be committed to a purpose. With the case of Brown v. Board of Education, all families should be able to choose the school in which their son or daughter is most likely to graduate and succeed there, no matter the race of the children or the school system. As families go through the understanding of the arrangements that a school is using to show purpose, they soon are able to understand that the specific placement of the child will be the best fit for their child. In the end from the Brown v. Board of Education case, it is not the arrangement that matters where the child goes, it’s the purpose and the future for them. (Brown V. Board of Education, 1954)

Conclusion:

Based on the case of Brown V. Board of Education, what the 14th Amendment states is that we can create laws that force an arrangement that disrupts the purpose of our nation, which is to give people equal access. In time, hopefully all people or systems will continue to think of what the big picture is and through what paths that can be accomplished, without denying the rights of anyone to pursue whatever direction they wish to choose regardless of race.

Sources:

Brown V. Board of Education 1954. 347 U.S. 843; http://caselaw.findlaw.com/us-supreme-court...


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