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Business Law 9th Edition by Henry Cheeseman
Edition 9ISBN: 978-0134004778Business Law 9th Edition by Henry Cheeseman
Edition 9ISBN: 978-0134004778 Exercise 1
LANDMARK U.S. SUPREME COURT CASE Equal Protection
Brown v. Board of Education
"We conclude that in the field of public education the doctrine of 'separate but equal' has no place."
-Warren, Justice
Slavery was abolished by the Thirteenth Amendment to the Constitution in 1865. The Fourteenth Amendment, added to the Constitution in 1868, contains the Equal Protection Clause, which provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." The original intent of this amendment was to guarantee equality to freed African Americans. But equality was denied to African Americans for years. This included discrimination in housing, transportation, education, jobs, service at restaurants, and other activities.
In 1896, the U.S. Supreme Court decided the case Plessy v. Ferguson. 6 In that case, the state of Louisiana had a law that provided for separate but equal accommodations for African American and white railway passengers. The Supreme Court held that the "separate but equal" state law did not violate the Equal Protection Clause of the Fourteenth Amendment. The "separate but equal" doctrine was then applied to all areas of life, including public education. Thus, African American and white children attended separate schools, often with unequal facilities.
It was not until 1954 that the U.S. Supreme Court decided a case that challenged the "separate but equal" doctrine as it applied to public elementary and high schools. In Brown v. Board of Education, a consolidated case that challenged the separate school systems of four states-Kansas, South Carolina, Virginia, and Delaware-the Supreme Court decided to revisit the "separate but equal" doctrine announced by its forbearers in another century. This time, a unanimous Supreme Court, in an opinion written by Chief Justice Earl Warren, reversed prior precedent and held that the separate but equal doctrine violated the Equal Protection Clause of the Fourteenth Amendment to the Constitution. In its opinion, the Court stated,
Today, education is perhaps the most important function of state and local governments. We conclude that in the field of public education 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 actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
After Brown v. Board of Education was decided, it took court orders as well as U.S. army enforcement to integrate many of the public schools in this country. Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 1954 U.S. Lexis 2094 (Supreme Court of the United States, 1954)
It has been said that the U.S. Constitution is a "living document"-that is, one that can adapt to changing times. Do you think this is a good policy? Or should the U.S. Constitution be interpreted narrowly and literally, as originally written?
Brown v. Board of Education
"We conclude that in the field of public education the doctrine of 'separate but equal' has no place."
-Warren, Justice
Slavery was abolished by the Thirteenth Amendment to the Constitution in 1865. The Fourteenth Amendment, added to the Constitution in 1868, contains the Equal Protection Clause, which provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." The original intent of this amendment was to guarantee equality to freed African Americans. But equality was denied to African Americans for years. This included discrimination in housing, transportation, education, jobs, service at restaurants, and other activities.
In 1896, the U.S. Supreme Court decided the case Plessy v. Ferguson. 6 In that case, the state of Louisiana had a law that provided for separate but equal accommodations for African American and white railway passengers. The Supreme Court held that the "separate but equal" state law did not violate the Equal Protection Clause of the Fourteenth Amendment. The "separate but equal" doctrine was then applied to all areas of life, including public education. Thus, African American and white children attended separate schools, often with unequal facilities.
It was not until 1954 that the U.S. Supreme Court decided a case that challenged the "separate but equal" doctrine as it applied to public elementary and high schools. In Brown v. Board of Education, a consolidated case that challenged the separate school systems of four states-Kansas, South Carolina, Virginia, and Delaware-the Supreme Court decided to revisit the "separate but equal" doctrine announced by its forbearers in another century. This time, a unanimous Supreme Court, in an opinion written by Chief Justice Earl Warren, reversed prior precedent and held that the separate but equal doctrine violated the Equal Protection Clause of the Fourteenth Amendment to the Constitution. In its opinion, the Court stated,
Today, education is perhaps the most important function of state and local governments. We conclude that in the field of public education 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 actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
After Brown v. Board of Education was decided, it took court orders as well as U.S. army enforcement to integrate many of the public schools in this country. Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 1954 U.S. Lexis 2094 (Supreme Court of the United States, 1954)
It has been said that the U.S. Constitution is a "living document"-that is, one that can adapt to changing times. Do you think this is a good policy? Or should the U.S. Constitution be interpreted narrowly and literally, as originally written?
Explanation
Verified
Verified
Case summary:
In thirteenth amendment of constitution of Country U, slavery was abolished. In the fourteenth amendment, they added equal protection clause. It states that states of Country U shall not deny any person within its jurisdiction. This included equality in transportation, education, housing, and jobs. In 1896, Supreme court of Country U discussing a case which states that State L provided separate but equal accommodation.
It means separate accommodation for W community and B community people with equal facilities. After the discussion, the court concluded that this law did not violate the fourteenth amendment. The separate but equal law has been applied to all areas. In education, both community people attended separate school with unequal facilities. In case between Person B and board of education, the court realized that separate schools will not provide equal education. Thus, they abolished the law "separate but equal".
Statement:
It is said that the constitution of Country U is a living document.
Determine whether the policy is good:
Living document is the document, which is edited and updated whenever the issue arises. Constitution of Country U accepts the changes and up- gradation in their policy if it is necessary. According to Person X, it is a good policy. The constitution will not be always correct. The rules sometimes affect the citizen of the country. Thus, it should be open for edition and up-gradation for the welfare of society.
Determine whether the constitution of Country U is interpreted narrowly and literally:
According to Person X, Living document is the good policy for the constitution of Country U. It should not adapt to interpreting the doctrine as originally written. It should open to the changes, which can make living of the people better.
Conclusion:
Equal protection clause is the law, which states that every citizen of the country should have the equal rights. There should not be separation based on their behavioral factors and race. According to the clause, there must be equality between the people of both the communities.
In thirteenth amendment of constitution of Country U, slavery was abolished. In the fourteenth amendment, they added equal protection clause. It states that states of Country U shall not deny any person within its jurisdiction. This included equality in transportation, education, housing, and jobs. In 1896, Supreme court of Country U discussing a case which states that State L provided separate but equal accommodation.
It means separate accommodation for W community and B community people with equal facilities. After the discussion, the court concluded that this law did not violate the fourteenth amendment. The separate but equal law has been applied to all areas. In education, both community people attended separate school with unequal facilities. In case between Person B and board of education, the court realized that separate schools will not provide equal education. Thus, they abolished the law "separate but equal".
Statement:
It is said that the constitution of Country U is a living document.
Determine whether the policy is good:
Living document is the document, which is edited and updated whenever the issue arises. Constitution of Country U accepts the changes and up- gradation in their policy if it is necessary. According to Person X, it is a good policy. The constitution will not be always correct. The rules sometimes affect the citizen of the country. Thus, it should be open for edition and up-gradation for the welfare of society.
Determine whether the constitution of Country U is interpreted narrowly and literally:
According to Person X, Living document is the good policy for the constitution of Country U. It should not adapt to interpreting the doctrine as originally written. It should open to the changes, which can make living of the people better.
Conclusion:
Equal protection clause is the law, which states that every citizen of the country should have the equal rights. There should not be separation based on their behavioral factors and race. According to the clause, there must be equality between the people of both the communities.
Business Law 9th Edition by Henry Cheeseman
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