Brown v. Board of Education (1954)
Citation: Brown v. Board of Education of Topeka, Opinion; May 17, 1954; Records of the Supreme Court of the United States; Record Group 267; National Archives.
Brown v. Board of Education of Topeka, Implementation Decree; May 31, 1955; Records of the Supreme Court of the United States; Record Group 267; National Archives.
Brown v. Board of Education of Topeka, Implementation Decree; May 31, 1955; Records of the Supreme Court of the United States; Record Group 267; National Archives.
Despite two unanimous decisions and careful, if vague, wording, there was considerable resistance to the Supreme Court's ruling in Brown v. Board of Education. In addition to the obvious disapproving segregationists were some constitutional scholars who felt that the decision went against legal tradition by relying heavily on data supplied by social scientists rather than precedent or established law. Supporters of judicial restraint believed the Court had overstepped its constitutional powers by essentially writing new law.
However, minority groups and members of the civil rights movement were buoyed by the Brown decision even without specific directions for implementation. Proponents of judicial activism believed the Supreme Court had appropriately used its position to adapt the basis of the Constitution to address new problems in new times. The Warren Court stayed this course for the next 15 years, deciding cases that significantly affected not only race relations, but also the administration of criminal justice, the operation of the political process, and the separation of church and state.
Second Document Image Implementation Decree; May 31, 1955 |
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