The goal of the expansion of the Reconstruction era was to give African Americans equitable protection. However, as a result of its failure, white nationalists encouraged the use of violence and intimidation against black people. It didn't take long for the whites to reclaim power and pass laws that were oppressive and biased against black people. One of these laws was the Louisiana Statute, which gave blacks and whites in a train distinct places to sit. Anyone sitting somewhere other than their assigned seat was therefore moved in court. The Civil Rights Act, which established that all races were entitled to equitable treatment, was passed in 1875. The equal protection act under the fourteen amendment was made constitutional. However, segregation continued until Plessy challenge the provision of the equal protection clause in a Plessy V. Ferguson case in 1896. It challenged the constitutionality of discrimination under the doctrine of “separate but equal.” Plessy was black and therefore charged for sitting in a place that does not belong to him. In this case, he argued that the Louisiana Law did violate the rights accorded to him in the Fourteenth Amendment and the judges viewed that Louisiana Statute contradicted the equal protection clause. They, therefore, ruled in favor of Plessy asserting for racial tolerance.
The Color-Blind Concept
Segregation in the South was rampant and was evident in transportation, education and public accommodations. The ruling of Plessy v. Ferguson advocated for “separate but equal” law which to an extended justified segregation. The origin of the color-blind concept from Justice John Marshall Harlan who was the only courageous dissenter that stood against the decision of the Supreme Court on Plessy v. Ferguson case on the grounds of “separate but equal.” This concept and the decision to stand against racial inequality is an enduring legacy for Harlan. He stated that "Our constitution is colorblind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. …..separation of citizens on the basis of races is a badge of servitude wholly inconsistent with the civil freedom, and the equality”. Harlan became a strong supporter of the Civil rights in 1868. When he was appointed as a member of the Supreme Court in 1877, he devoted his work to the protection of the blacks. His endorsement of the “colorblind Constitution” stemmed from the racial inequality that was perpetuated by the constitution. He is said to be a lone dissenter in the civil right cases and earned a nickname of "The Great Dissenter." Notably, his beliefs significantly shaped the rights of the blacks.
Individual and Group Argument in Brown V. Board Of Education
Oliver Brown along with other 12 parents filed a case against Kansa, Topeka and the Board of education in 1951 after being denied the opportunity of making their children attend the white school that was in their neighborhood. They all argued that black children attended segregated schools and this made them feel inferior to the whites. The parents said that The Topeka curriculum together with other white schools propagated segregation. According to them, this discrimination had a damaging effect on the African American children. Besides, Harry Briggs and other 19 parents sued R. W. Elliot in South Carolina. Elliot was the president of the county, and he provided bus transportation to the white students but not to the blacks. They also wanted equality for the black students. In Delaware court, two cases Bulah v. Gebhart and Belton v. Gebhart were filed against discrimination in bus transportation and the inferiority in the school structures. Moreover, Gardner Bishop along with Consolidated Parents Group, Inc. wanted to bring segregation to an end in District of Columbia and hence filed a case against Howard University for failure to enroll black children.
These individual cases formed a group that endeavored to challenge the separate but equal law that impelled segregation in public schools including Virginia, Kansa, South Carolina, Delaware and District of Columbia. They went to Supreme Court the plaintiffs were represented by the National Association for the Advancement of Colored People (NAACP). NAACP claimed that the rights of the black students were violated under the “Equal Protection Clause of the Fourteenth Amendment”. The group contended that in the public schools, inequality was evident in structures, curriculum, and transportation. Here, the ruling was made on the basis that the fourteen amendment and prohibited discrimination of race and color in all schools along with the abolishment of the discriminatory Jim craw laws.
Free Choice and the Neighborhood School Plans
The south was the most segregated place. However, following the ruling of Brown V. Board Of Education, it examined the constitutionality of the freedom of choice plan as a measure of desegregation process. This emphasized the role of freedom of choice. It was recognized that the action of the states involving classification of students basing on race violated the "equal protection clause" of the fourteenth amendment. Hence, the freedom of choice became a dominant factor in an endeavor to weed out segregation that had taken deeper roots in the South. This purported to provide every student unrestricted right of attending any school in the district despite the race. Also, the Brown v. Board of Education outlawed for a school system that embraced dual race. However, it implicitly approved the neighborhood school plan. This proved to be a detrimental effect that proliferated racial imbalance. This plan gave the local communities the power of shaping development as well as taking a more active role in policies at the local level. Undisputedly, this promoted a racial imbalance as actions were done to satisfy the requirements of the state. This made it difficult for the school boards to revamp the neighborhood school plans in undoing segregation.
The 1964 Civil Rights Act
Martin Luther King was an iconic figure in the establishment of the civil rights movement. From this, it stemmed the Civil Rights Act (CRA) that was designed to bring equality. The CRA of 1964 provided a landmark to civil rights legislation and forbidden discrimination in some setting. The CRA supported the anti-discriminatory measures and fought for equality of races. It was first proposed by President John F. Kennedy, but it was welcomed by stern opposition primarily from the South. It was signed by Lyndon B. Johnson, the successor to President Kennedy after his assassination in 1963. The CRA aimed at eliminating discrimination grounded on color, race, sex, religion and national origin. It did prohibit the unequal application of voter registration requirements, segregation in public facilities, schools, and the employment. These provisions granted all citizens equal protection which was stipulated under the fourteen amendment. Title I barred unequal application of voter registration requirements, and Title II abolished discrimination in restaurants, motels, hotels, theaters, and all public facilities. Title III of CRA inhibited segregation of the municipal and state governments from denying access to public facilities. On the other hand, Title IV called for desegregation in public schools while title VI prevented discrimination by government agencies. Notably, CRA ended segregation, and it became a profound achievement that granted all races equality. The Congress later expanded the CRA and included other legislation such as the Voting Rights Act of 1965 objecting at realizing equality.
The Elementary and Secondary Education Act (ESEA)
President Johnson in 1965 enacted a congressional action as he desired to improve the educational opportunities for the US children. At this time, fears were growing due to the increased federal involvement in the local schools. Thus, Johnson’s administration advocated in giving the local districts a leeway in use of funds. The ESEA was a federal legislation that consisted of the extensive statue which funded both secondary and the primary education. Furthermore, it focused on equality in accessing education and the establishment of accountability together with high standards. Additionally, it intended to shorten the achievement gap between the students through the provision of equal and fair opportunities to every child. Funds were to support the educational programs and mandated for parental involvement in education. The child benefit theory was a legal doctrine that cropped from series of the American court decision in church-state conflicts. The theory called for the provision of aid to children in religious schools given that the help only benefited the children and not the religion or the school. In 1947, the court issued a ruling in the Everson v. Board of Education that parents have to be reimbursed the state funds for expenses of busing their children. This was because the funds were directly spent on the students and not in the school. Diane in her metaphor that weapons being loaded mean that getting a good education was a breakthrough from poverty. It was a growing weapon that was effective in society's arsenal.
Housing, Education and the Welfare Department (HEWs)
The HEWs was formed to address many critical issues that affected the American people. These were formed under the administration of President Johnson as part of the “Great Society” program. It was aimed at the development of excessive policies on housing and metropolises. In the housing sector, the department wanted to create a strong, sustainable, quality and affordable homes that were inclusive for all communities. This was to improve the quality of life and make it free from discrimination. Also, through the education program, HEWs established policy for coordinating and administering federal assistance given to education. Enforcement of the federal laws was also underlining and promote the civil rights. Education pillar promoted achievement of the student along with the preparation for global competitiveness through a call for excellent education and equality in schools. The welfare program was significant in availing the required help to needy students and the nation at large. HEWs was successful in realizing its objectives and saw profound changes in the housing, education and the welfare sectors.
The Briggs dictum refers to the 1955 decision in Briggs v. Elliott case that was made by the US court of appeal for the Fourth Circuit. This challenge segregation in schools and termed it to be unconstitutional. Jefferson decision was that the standards schools had to comply with the Brown ruling for equality and qualification of the federal financial assistance. The Singleton decision called for the oversimplified construction of Brown’s case. It emphasized that the constitution prohibited any segregation in public schools, services, public facilities and in-state programs. Jefferson and Singleton’s decision were fundamental in the reinforcement of the CRA of 1964 which called for equality.
Kennedy and Johnson’s administrations, as well as the Civil Rights Movement, ensued a legacy that was a breakthrough in the large-scale aid to education. This was passed for equalization of the college opportunities to the needy students and assisting them. The Student Support Program gave grants as part of the war against poverty. The program also carried out talent search which was designed for the identification and promoting access to college for the poor students. The Educational Opportunity Grants program recruited students with exceptional financial need. Title IV comprised of College Work-Study to subsidize employment of needy students. The Guaranteed Student Loan program gave loans to the middle-income college students as well as their families. All these assisted in reinterpreting the CRA and promoted equality.
Bibliography
Ravitch, Diane. The Troubled Crusade American Education 1945-1980. (New York: Basic Books, 1994).
