In the case of Brown v. The Board of Education 1954, the Browns case is that segregation within the school system is wrong and unconstitutional. I will provide information on why this is false and how segregating school systems is not unconstitutional.
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In 1896 there was a very similar case of racial segregation with a train system. An African American man boarded a white only train car. This was the Plessy v Ferguson case. The supreme court ruled that racial segregation shall be upheld. The case of Plessy v Ferguson proves that segregation is not unconstitutional as it upheld Louisiana state law.
Let’s look at the 14th amendment shall we.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The part that I want everyone to pay attention to is this part.
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;…
Now, what does this mean?
Well, it means that no state should make or enforce laws that go against the rights of a citizen within that state. Based on this we can conclude that the state of Kansas, which this board of education resides, isn’t violating any law simply because they cannot legally do that. And remember this is a public school so the government is administrating and financing the public schools, not only in Kansas but around the country.
Let me ask you. How is segregation of school going against these rules? How does segregating schools abridge the rights and privileges of black citizens? These black kids are still getting an education, they have the same necessities as a white kid would. They have textbooks, paper, pencils, teachers, and a place to learn. So how exactly are we violating their 14th amendment right when this is all true.
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We can also look at it another way. Take the 2nd amendment for example. The 2nd amendment states that the government shall not enforce any law that prohibits the citizens from owning and carrying a firearm. Pretty simple right?
“A well-regulated militia, being necessary to the security of a free state. The rights of the people, to keep and bear arms shall not be infringed.”
Now, does this mean everyone can carry a gun on them?
No.
In order to have a gun, you need to buy a gun. With money. Not everyone has money, so therefore not everyone can buy a gun. Is this violating someone’s constitutional right?
No.
What about this. Can convicted felons purchase and carry a gun on them?
No.
The reason for this is that the government has a right to protect its citizens and giving a gun to a convicted felon is like leaving candy Infront of a 5-year-old and telling them not to eat it. Anyway, back to the felon. Is this a violation of his/her 2nd amendment right, or in other words their constitutional right?
No.
You see just because someone is segregated doesn’t mean it’s a violation of their constitutional right. There are many examples other than segregated schools that, in your words, would violate the laws.
Segregation is a necessary part of student education and the protection of white students and black students.
Given the facts presented in both my argument and the opposing argument, there is not evidence to conclude that segregation of schools would be a violation of black student rights.
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