School Desegregation (West's Encyclopedia of American Law)
The attempt to end the practice of separating children of different races into distinct public schools.
Beginning with the landmark Supreme Court case of BROWN V. BOARD OF EDUCATION, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954), the United States' legal system has sought to address the problem of racial SEGREGATION, or separation, in public schools. In Brown, a unanimous Supreme Court found that segregating children of different races in distinct schools violates the Equal Protection Clause of the FOURTEENTH AMENDMENT, which guarantees that "[n]o state shall deny to any person the EQUAL PROTECTION of the laws" (§ 1). In writing the Court's opinion, Chief Justice EARL WARREN stressed the crucial role education plays in socializing children, and he maintained that racial segregation "generates a feeling of inferiority" in children that will limit their opportunities in life. A related decision, Brown v. Board of Education, 349 U.S. 294, 75 S. Ct. 753, 99 L. Ed. 1083 (1955), (Brown II), empowered lower courts to supervise desegregation in local school districts and held that desegregation must proceed "with all deliberate speed."
A number of Supreme Court decisions in the decades since Brown have further defined the constitutional claims regarding desegregation first set forth in...
(The entire section is 5459 words.)
Want to Read More?
Subscribe now to read the rest of this article. Plus get complete access to 30,000+ study guides!