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ERIC Number: ED002041
Record Type: RIE
Publication Date: 1963
Pages: 1
Abstractor: N/A
Reference Count: N/A
ISBN: N/A
ISSN: N/A
THE RIGHT TO EQUAL EDUCATION OPPORTUNITIES AS A PERSONAL AND PRESENT RIGHT.
HARTMAN, PAUL
THE 1954 SUPREME COURT DECISION IN "BROWN VERSUS BOARD OF EDUCATION," DECLARING RACIAL SEGREGATION IN PUBLIC SCHOOLS DISCRIMINATORY AND IN VIOLATION OF THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT, IS A LANDMARK IN AMERICAN LEGAL AND POLITICAL HISTORY. IT IS INFERRED FROM THE 1954 DECISION THAT THE RIGHT TO BE FREE FROM DISCRIMINATION WAS A "PERSONAL" AND "PRESENT" RIGHT OF THE INDIVIDUAL. HOWEVER, THE SECOND BROWN DECISION IN 1955 OPENED THE DOOR TO DESEGREGATION PLANS UNDER WHICH THE ACHIEVEMENT OF EQUAL TREATMENT COULD BE POSTPONED. THE SUPREME COURT GAVE THE LOWER COURTS THE RESPONSIBILITY OF REQUIRING SCHOOL DISTRICTS TO MAKE A PROMPT AND REASONABLE START TOWARD DESEGREGATION BUT STATED THAT ADDITIONAL TIME MIGHT BE NECESSARY TO CARRY OUT THE RULING. BY THIS DECISION THE SUPREME COURT ADOPTED THE POSITION THAT A PERSON WHOSE RIGHT TO EQUAL PROTECTION HAS BEEN DISREGARDED BY AN AGENCY OF THE STATE IS NOT NECESSARILY ENTITLED TO IMMEDIATE RELIEF. THE SUPREME COURT IN THESE DECISIONS DID NOT INDICATE HOW LONG A DEFERMENT OF DESEGREGATION WAS REASONABLE, BUT VARIOUS LOWER COURTS HAVE APPROVED PLANS REQUIRING MANY YEARS. ONE FEDERAL DISTRICT COURT JUDGE STATED THAT, IN PLANS FOR THE TRANSITION TO DESEGREGATED SCHOOLS, SOME INDIVIDUAL RIGHTS WOULD HAVE TO BE SUBORDINATED FOR THE GOOD OF THE MANY. YET THIS CONCEPT OF SACRIFICE DOES NOT RESOLVE THE INCONSISTENCY OF ACKNOWLEDGING THE EXISTENCE OF A RIGHT AS PERSONAL AND PRESENT AND STILL REFUSING ITS ENFORCEMENT. THIS ARTICLE IS A REPRINT FROM "WAYNE LAW REVIEW," VOLUME 9, NUMBER 3, SPRING, 1963.
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: Wayne State Univ., Detroit, MI. Law School.
Identifiers: Michigan (Detroit)