Brown v. Board of Education Mock Trial

Good afternoon everyone, your honor. 

Today I come to share a few words about the law in the years leading up to the substantial court case, Brown vs. the Board of Education. 

The Civil Rights Act of 1866 was the first federal law in the United States to define citizenship and protect the civil rights of all citizens equally. In the midst of the Civil War, this act aimed to protect the rights of African Americans during a time where they had been brutalized and treated as none other than property. 

This Act served as a model for the 14th amendment. An amendment that overruled the Dred Scott v. Sanford decision. It stated that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States and that no state shall deprive any person of life, liberty, or property, without due process of the law, nor deny any person equal protection under the law. 

But where does the law fall under the case of Brown vs. The Board of Education?

Today we argue that racial segregation in public schools, specifically regarding the "separate but equal" doctrine, violates the Equal Protection Clause of the Fourteenth Amendment, meaning that separate schools for Black and white students are inherently unequal and therefore unconstitutional. 

In 1896, the famous case, Plessy vs. Ferguson upheld the idea of "separate but equal," which encouraged and allowed racial segregation in all public facilities as long as the facilities were "equal." 

Under the Equal Protection Clause of the 14th Amendment, the facilities for black students are not equal, invalidating the doctrine established by Plessy v. Ferguson. 

Legally, this case is very significant to the idea of a constantly changing Constitution. It is crucial that a document created at the birth of America has the ability to adapt and change to the societal norms and customs of the time, to be able to change when it sees fit. This is a landmark case that must change the Constitution. African Americans should not receive any less of an education because of the facilities they are forced to be in, even when some, if not all, are more than enough qualified and deserve to be in the room with a white student. 

If we take a look into history, there were several cases in which set a clear path for the overturning of Plessy vs. Ferguson, and for you to make a decision in which desegregates all public schools.  

In 1938, the State of Missouri ex. rel. Gaines vs. Canada held that denying African Americans admission to a state law school while providing no equal alternative for them was a violation of the 14th Amendment and meant that public education in general must offer equal opportunities to its students whether they are white or black. 

Similar to the 1938 case was Sweatt vs. Painter (1950). This case yet again challenged the "separate but equal" doctrine. It declared that the segregated law school set up for African Americans in Texas was inferior to the University of Texas Law School, thus again violating the Equal Protection Clause of the 14th Amendment. 

There are various other cases prior to 1954 that argued for similar if not the exact same thing as the two mentioned above. What's important about this, is that the Brown case is not some random decision you will be deciding today. The argument for equal opportunities for Blacks goes back years prior to this day. While this is not the first case to make the argument against the "separate but equal" doctrine, it will pave a way for future Civil Rights Movements and bring about a greater awareness to the racial inequalities that all African Americans face, and in particular, the ones they face in education.

So, because of this, I urge you to side with Brown. Know that this isn't the first time an argument like this has come to light. It is a continuing problem among the education of all African Americans, and we should no longer have to fight each state and each specific school for the equality and education that is deserved. 

Thank you.