Inconclusive Evidence in regards to racial segregation
At argument the parties discussed the history of the adoption of
the 14th Amendment.
We find that the historical sources are inconclusive evidence as
to what the framers of the Amendment meant when enacting the
amendment in 1868 in regard to racial segregation.
Some wanted the 14th Amendment to be broad and all-encompassing,
while others wanted it to be of limited scope.
Proponents wanted to remove ALL legal distinctions among all
person born or naturalized in the United States.
Opponents with the civil war amendments to have a limited
Inconclusive nature of school segregation (non-existent or
White child were largely educated in private schools.
African American education was almost non-existent and sometime
prohibited in some states.
It is not surprising that there should be so little in the
history of the 14th Amendment relating to its intended effect on
Northern States were generally ignored
Northern schools had a rudimentary curriculum.
Some school terms were 3 months a year.
Compulsory attendance was virtually unknown.
So there was little history of the 14thh Amendment relating to
it intended effect on public education.
Separate but Equal (Present Place in American Life)
We must consider education in light of its
present development and its
place in modern America.
Today, education is perhaps the most
important function of state and local government.
Education is needed to succeed in life
It is the very foundation of good
citizenship and the principle instrument in awakening
the child to cultural values,
preparing him for later professional training, and
helping him adjust normally to his environment.
Where the state has undertaken to provide such an opportunity,
it is a right that must be made available to all on equal terms.
Segregation Deprives minority groups equal educational
We believe that it does.
The intangible factors make a separate education an unequal
Segregation generates feelings of inferiority and affects
Separating school children of similar age and qualification
solely because of their race
generates a feeling of inferiority as to their status
in the community that may affect
their hearts and minds in a way unlikely ever to be
One of the lower courts observed that
separating the races is usually
interpreted as denoting the inferiority of the African American
group, which affects the
motivation of a child to learn.
Legally sanctioned segregation
retards the educational and mental development of
African American children and
deprives them of some of the benefits they would
receive in a racially integrated school system.
We conclude that in the field of public education the doctrine
of "separate but equal" has no place.
Separate educational facilities are inherently unequal.
School segregation violates equal protection.