segregation
a social system with separate facilities for minority groups
In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting
segregation according to race. This
segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment.
deprive
keep from having, keeping, or obtaining
In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to
deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment.
doctrine
a belief accepted as authoritative by some group or school
In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called "separate but equal"
doctrine announced by this Court in Plessy v. Ferguson. Under that
doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate.
accord
allow to have
Under that doctrine, equality of treatment is
accorded when the races are provided substantially equal facilities, even though these facilities be separate.
contend
make the subject of dispute or litigation
The plaintiffs
contend that segregated public schools are not "equal" and cannot be made "equal," and that hence they are deprived of the equal protection of the laws.
propound
put forward, as of an idea
Argument was heard in the 1952 Term, and reargument was heard this Term on certain questions
propounded by the Court.
determine
establish after a calculation, investigation, or experiment
We must consider public education in the light of its full development and its present place in American life throughout the Nation. Only in this way can it be
determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws.
compulsory
required by rule
Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society.
construe
make sense of; assign a meaning to
In the first cases in this Court
construing the Fourteenth Amendment, decided shortly after its adoption, the Court interpreted it as proscribing all state-imposed discriminations against the Negro race.
proscribe
command against
In the first cases in this Court construing the Fourteenth Amendment, decided shortly after its adoption, the Court interpreted it as
proscribing all state-imposed discriminations against the Negro race.
qualification
an attribute that must be met or complied with
In the instant cases, that question is directly presented. Here, unlike Sweatt v. Painter, there are findings below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula,
qualifications and salaries of teachers, and other "tangible" factors.
function
the actions and activities assigned to a person or group
Today, education is perhaps the most important
function of state and local governments.
foundation
education or instruction in the fundamentals of a field
It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very
foundation of good citizenship.
principal
main or most important
Today it is a
principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment.
quality
an essential and distinguishing attribute of something
In Sweatt v. Painter, supra, in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on "those
qualities which are incapable of objective measurement but which make for greatness in a law school."
intangible
incapable of being perceived by the senses, especially touch
In McLaurin v. Oklahoma State Regents, supra, the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to
intangible considerations: ". . . his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession."
inferiority
the state of being lesser
To separate them from others of similar age and qualifications solely because of their race generates a feeling of
inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
detrimental
causing harm or injury
Segregation of white and colored children in public schools has a
detrimental effect upon the colored children.
sanction
official permission or approval
The impact is greater when it has the
sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group.
psychological
mental or emotional as opposed to physical in nature
Whatever may have been the extent of
psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority.
contrary
in an opposing direction
Any language in Plessy v. Ferguson
contrary to this finding is rejected.
inherently
in an essential manner
Separate educational facilities are
inherently unequal.
disposition
an attitude of mind that favors one alternative over others
This
disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.
denial
the act of refusing to comply, as with a request
We have now announced that such segregation is a
denial of the equal protection of the laws.
docket
a temporally organized plan for matters to be attended to
In order that we may have the full assistance of the parties in formulating decrees, the cases will be restored to the
docket, and the parties are requested to present further argument on Questions 4 and 5 previously propounded by the Court for the reargument this Term.
enjoin
issue an injunction
They brought this action in the United States District Court for the District of Kansas to
enjoin enforcement of a Kansas statute which permits, but does not require, cities of more than 15,000 population to maintain separate school facilities for Negro and white students.
pursuant
in conformance to or agreement with
Pursuant to that authority, the Topeka Board of Education elected to establish segregated elementary schools.
statutory
relating to or created by regulations
They brought this action in the United States District Court for the Eastern District of South Carolina to enjoin enforcement of provisions in the state constitution and
statutory code which require the segregation of Negroes and whites in public schools.
diligence
a hard-working effort
The court found the Negro school inferior in physical plant, curricula, and transportation, and ordered the defendants forthwith to provide substantially equal curricula and transportation and to "proceed with all reasonable
diligence and dispatch to remove" the inequality in physical plant.
remand
refer a matter or legal case back to another authority
This Court vacated the District Court's judgment and
remanded the case for the purpose of obtaining the court's views on a report filed by the defendants concerning the progress made in the equalization program.
rectify
set straight or right
On remand, the District Court found that substantial equality had been achieved except for buildings and that the defendants were proceeding to
rectify this inequality as well.
intimate
imply as a possibility
The Chancellor's decree was affirmed by the Supreme Court of Delaware, which
intimated, however, that the defendants might be able to obtain a modification of the decree after equalization of the Negro and white schools had been accomplished.
writ
a legal document issued by a court or judicial officer
The defendants, contending only that the Delaware courts had erred in ordering the immediate admission of the Negro plaintiffs to the white schools, applied to this Court for certiorari. The
writ was granted, 344 U.S. 891.
ordain
order by virtue of superior authority; decree
It
ordains that no State shall deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws.
injunction
a judicial remedy to prohibit a party from doing something
In the Cummin case, Negro taxpayers sought an
injunction requiring the defendant school board to discontinue the operation of a high school for white children until the board resumed operation of a high school for Negro children.