Essay Example on Segregation in Schools: Children Fight for Equality and Liberty

Independence: A wining of this case would promote freedom and therefore liberty is upheld. For each of these cases, children of the Negro ethnic group, through their lawyers are seeking the aid of the courts in gaining admission to the public schools of their society on a non-isolated basis. On each occasion, they had been deprived of admission to institutes attended by children of the whites under the act that requires or permits segregation by ethnicity. "I hold in my hand a communication from Colonel De Gress, ... in which he says: 'I have the honor to respectfully report that in some portions of this State the negroes are not yet free; that the pass system is still in force..." (Senator Trumbull, April 4, 1866, Congressional Globe, 1759). According to this doctrine, equal treatment is rendered when both the negros and the whites are provided considerably equal services, even if these amenities could be separate. The petitioners argue that isolated public schools are not "equal" and cannot be turned "equal" and therefore, they are denied the equivalent safeguarding from the law.

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Federalism: Doing away with segregation will help eliminate racism. "Citizens of every color and race ... shall have the similar freedom in every Territory and Nation to create and enforce treaties, to be sued, to sue, be parties and give proof, to inherit, to purchase, sell, hold, lease, and convey personal and real property, and to be eligible to equal and full benefit of all proceedings and laws for the security of person and property as is enjoyed by white people, and shall be subjected to retribution, penalties, and pains, and to none other" (Civil Rights Act of 1866, Section 1). The decisions made in 1954 led to segregation in public schools where Negros were denied admission to white schools which is unfair to black children. Even though there are facilities with equal physical pieces of equipment and equally trained teachers, the rules governing these institutions are not similar. This raises the question that this segregation rules might have been actualized on the basis of racism. The segregation of Negro students having them denied admission in publicly maintained schools makes the Negro minors feel eliminated and can lead to retarded education. Having black segregated from these facilities implies that there are inconsistent federal statutes applying to a federal area. Since both negros and whites are governed by federal laws, they should be treated with equality.

Personal Responsibility: Although the 14th Amendment is regularly invoked today, especially by commentators and conformist judges, to fight efforts and affirmative action to integrate schools under the excuse of "colorblindness," the Fourteenth Amendment was not a colorblind submission. This revision was ratified especially for the purpose of helping newly released Negros and their children. Despite the challenges faced by the Negros, the 14th Amendment has been important in defending the equal treatment and existing rights to a larger number of people. "The first and governing maxim in the interpretation of a statute is, to discover the meaning of those, who made it ..." (James Wilson, Lectures on Law, Part I, Ch. 1). Whether assuring an impartial jury and counsel, working in collaboration with the First Amendment to guarantee Negros the protection of their rights to vote, right of their women to have access to birth control and abortion, ending restrictions against mixed-race marriages, guaranteeing the rights of same-sex couples to marry, supporting the right of transgender students to receive access to education, their freedom of worship, protecting the rights of Negro immigrants , or prohibiting racial segregation in schools, the 14th Amendment has been a dominant instrument in the safeguarding of the liberties and rights of Negro children in America.

Personal Liberty: Children are born equal and need equal treatment. In my opinion, the legislative act is not consistent with the personal liberty of the United States citizens, whites and blacks and is unpathetic about the United States' constitutional letter and spirit. If similar laws were to be implemented in most US states, the whole legislative system would be the most debased and mischievous. "No Nation shall ... deny any individual of life, liberty, or property, without due process of law" (Sec. 1, 14th Amendment of the U.S. Constitution, 1868). Regulating civil rights which are there to be enjoyed by every American citizen is a denial of freedom, something that should be communal to everyone. Sinister laws that lead to discrimination interferes with the blessings of freedom. Evidently, segregation laws that deprive Negro children of their freedom should be cleared to enact equality and liberty.

Living under Government that has Limits through a Constitution: Living under a limited government is of negative impact in this case. The Negro living in the United States have been affected negatively for a long time because their government is constitutionally limited to eliminate segregation rules that deny negro minors the worth of living an all-inclusive life. "No Nation shall enforce or make any law which shall abridge the immunities or rights of citizens of the United States...nor deny to any person within its jurisdiction the equal protection of the laws" (Sec. 1, 14th Amendment of the U.S. Constitution, 1868). This is because a constitutionally limited government is meant to operate within the set rules or agreements. It, therefore, it is unfortunate that the United States government will not come up one day to change these segregation laws.

Works Cited

Adriaans, J. H. "Has A Negro The Right To Vote? Or, The Validity Of The 14Th Amendment To The U.S. Constitution Denied". 1908.

Leavelle, Arnaud B. "James Wilson and the Relation of the Scottish Metaphysics to American

Political Thought." Political Science Quarterly 57.3 (1942): 394-410.