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1、1Title ：Brown v. Board of Education of Topeka, Kansas2 Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case. minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admis
2、sion to the public schools of their community on a nonsegregated basis. In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protect
3、ion of the laws under the Fourteenth Amendment . This case is a consolidation of several different cases from Kansas, South Carolina, Virginia, and Delaware. Several black children (through their legal representatives, Ps) sought admission to public schools that required or permitted segregation bas
4、ed on race. The plaintiffs alleged that segregation was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. In all but one case, a three judge federal district court cited Plessy v. Ferguson in denying relief under the “separate but equal ” doctrine. On appeal to the Supr
5、eme Court, the plaintiffs contended that segregated schools were not and could not be made equal and that they were therefore deprived of equal protection of the laws. 3 Procedure: Most of the cases that youll read in law school will be appellate court decisions. In this section, you want to list wh
6、at happened in the lower court(s). Do not go into too much detail. One or two sentences are sufficient for this section. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called “separate but equal“ doctrine announced by
7、 this Court in Plessy v. Ferguson, 163 U.S. 537. Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that
8、 the plaintiffs be admitted to the white schools because of their superiority to the Negro schools.4 Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no. Do separate but equal laws in the area of public education deprive bl
9、ack children of the equal protection of the laws guaranteed by the Fourteenth Amendment of the United States Constitution (Constitution)?Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other “tangible“ factors may be equal, deprive
10、the children of the minority group of equal educational opportunities? We believe that it does. Is the race-based segregation of children into “separate but equal”public schools constitutional?5 Holding: How did the court answer the issue question(s)? YES/NO?We conclude that in the field of public e
11、ducation the doctrine of “separate but equal“ has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal prote
12、ction of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment. No. The race-based segregation of children into “separate but equal” public schools violates the Equa
13、l Protection Clause of the Fourteenth Amendment and is unconstitutional. Chief Justice Earl Warren (J. Warren) stated that even if the “tangible” factors of segregated schools are equal, to separate black children from others of similar age and qualifications solely on the basis of race, generates a
14、 feeling of inferiority with respect to their status in the community and may affect their hearts and minds in a way unlikely to ever be undone. Segregation of children in the public schools solely on the basis of race denies to black children the equal protection of the laws guaranteed by the Fourt
15、eenth Amendment, even though the physical facilities and other may be equal. Education in public schools is a right which must be made available to all on equal terms. The question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was a
16、dopted, but in the light of the role of public education in American life today. The separate but equal doctrine adopted in Plessy v. Ferguson, which applied to transportation, has no place in the field of public education. Separating black children from others 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 undone. The impact of segr
