The question at hand goes deeper than desegregation. Desegregation was achieved thru a ruling by the Supreme Court. I feel the Supreme Court overstepped their legal power in doing so. Therefore, I have to take the position that desegregation should not have been mandated. The Supreme Court was established by the founding fathers for a very specific reason. It was formed to be a watch dog to the Constitution. While this may seem like a mote point to some since the integration of the schools has been a success, it is not. The highest court in the land must be careful at all times to keep itself out of the practice of dictation what the states must do. We go back now to States rights vs. Federal powers. The Supreme Court said in its …show more content…
(This is mentioned in the article, High Court Bans School Segregation, by Luther Huston, NY Times, May 17th, 1954). The 5th Amendment to the Constitution states, no person shall be denied life, liberty or property without due process of the law. Again, this Amendment to the Constitution had nothing to do with Desegregation. No one was denied life over this. You may try to make the argument that liberty was denied, because, by everyone’s admission, the schools were not equal. (This was mentioned in, High Court Bans School Segregation, by Luther Huston, NY Times, May 17th, 1954). So the States should have had the right to make the schools equal in every way. If the States were given that choice, and had complied with that court order, would Desegregation have been ordered by the Supreme Court? Again I will say, as I have thru this essay, that it isn’t the end result that is a problem. Rather it is the High Court overstepping its powers. That is more concerning. The States rights must be protected. History has shown that over time the States of the Nation will come around and do the right thing. Although, sometimes it may be a very slow process. Most will say that the schools were not on equal playing fields. If you were black, you got inferior buildings and materials for schooling. If you are going to say separate but equal, then you must make them equal. They