The Pros And Cons Of Desegregation

Before1954, human behavior could have segregated public education through two methods: de facto and state mandated. The former arose from residential patterns and local school policy; the latter had roots in innate discrimination based on racial classifications. “Some have suggested that the de jure-de facto distinction is wholly artificial. If only the facts were known, they argue, any long-continued racial imbalance would be found the product of purposeful segregation policy and school authorities” (Goodman 1). This argument proved correct, and desegregation efforts shifted to the constitutionality of laws. Therefore, in 1954, the Supreme Court held in Brown v. Board of Education that state-imposed racial segregation in public institutions violated the equal protection clause of the Fourteenth Amendment of the Constitution. While Brown has come to be regarded as a civil rights milestone, the court’s actions also had negative effects on the black people it intended to help.

They took their time in hopes of getting such a landmark decision correct. Their first opinion did not address the implementation, instead a second opinion a year later addressed this matter. “This decision went to considerable length to spell out the kinds of problems that would face the implementers,” but it failed to set specific deadlines (Raffel 35). The opinion also forced states to set up desegregation plans “with deliberate speed” under specific guidelines (Goodman 287). This included placing the responsibility of reviewing these plans under the jurisdiction of the federal District Courts. Interestingly, this court lacked authority to force integration. Instead they were tasked with ensuring that students of all colors had freedom to attend any school of choice under acceptable local school