Comments on: Does Brown v. Board of Education constitute the Supreme Court’s one free pass? *UPDATED* http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/ Conservatives deal with facts and reach conclusions; liberals have conclusions and sell them as facts. Mon, 22 Mar 2010 02:43:37 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Rhymes With Right http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/comment-page-1/#comment-51374 Rhymes With Right Tue, 16 Jun 2009 22:55:09 +0000 http://www.bookwormroom.com/?p=6581#comment-51374 <strong>Belated Watcher's Council Results...</strong> As school wound down and life got hectic, I missed some results from the Watcher's Council. Here are those from May 29, 2009. Winning Council Submissions First place with 3 points! - Bookworm Room - Does Brown v. Board of...... Belated Watcher’s Council Results…

As school wound down and life got hectic, I missed some results from the Watcher’s Council. Here are those from May 29, 2009. Winning Council Submissions First place with 3 points! – Bookworm Room – Does Brown v. Board of……

]]> By: The Razor » Blog Archive » The Council Has Spoken: May 29, 2009 http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/comment-page-1/#comment-50881 The Razor » Blog Archive » The Council Has Spoken: May 29, 2009 Thu, 11 Jun 2009 23:21:28 +0000 http://www.bookwormroom.com/?p=6581#comment-50881 [...] Council: Bookworm Room - Does Brown v. Board of Education constitute the Supreme Court’s one free pass? [...] [...] Council: Bookworm Room – Does Brown v. Board of Education constitute the Supreme Court’s one free pass? [...]

]]> By: Soccer Dad http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/comment-page-1/#comment-50262 Soccer Dad Tue, 02 Jun 2009 09:57:42 +0000 http://www.bookwormroom.com/?p=6581#comment-50262 <strong>Council speak 06/02/09...</strong> The council has spoken! This week's winning Watcher's council entry was Bookworm Room's provocative Does Brown v. Board of Education constitute the Supreme Court's one free pass? Tied for second place were Right Truth's Home grown terrorism and th... Council speak 06/02/09…

The council has spoken! This week’s winning Watcher’s council entry was Bookworm Room’s provocative Does Brown v. Board of Education constitute the Supreme Court’s one free pass? Tied for second place were Right Truth’s Home grown terrorism and th…

]]> By: The Colossus of Rhodey http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/comment-page-1/#comment-50149 The Colossus of Rhodey Sat, 30 May 2009 12:55:37 +0000 http://www.bookwormroom.com/?p=6581#comment-50149 <strong>Watcher's Council results...</strong> The winner in the Council category this week was Bookworm Room with Does Brown v. Board of Education constitute the Supreme Court’s one free pass? In the non-Council category, it was Melanie Phillips with A Wary Encounter. Full results are...... Watcher’s Council results…

The winner in the Council category this week was Bookworm Room with Does Brown v. Board of Education constitute the Supreme Court’s one free pass? In the non-Council category, it was Melanie Phillips with A Wary Encounter. Full results are……

]]> By: Watcher of Weasels » The Irrational President: Barack Obama http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/comment-page-1/#comment-50123 Watcher of Weasels » The Irrational President: Barack Obama Fri, 29 May 2009 18:05:12 +0000 http://www.bookwormroom.com/?p=6581#comment-50123 [...] week’s winning council selection is brought to us by Bookworm with great support. Bookworm brings up the relevant issue activist [...] [...] week’s winning council selection is brought to us by Bookworm with great support. Bookworm brings up the relevant issue activist [...]

]]> By: Soccer Dad http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/comment-page-1/#comment-50037 Soccer Dad Thu, 28 May 2009 07:15:30 +0000 http://www.bookwormroom.com/?p=6581#comment-50037 <strong>Submitted 05/28/09...</strong> This week's Watcher's Council nominations are up! The Watcher focused on the curious closings of Chrysler dealerships. Doug Ross has done some groundbreaking work in investigating this and has now followed it up. Doug doesn't prove anything, but sho... Submitted 05/28/09…

This week’s Watcher’s Council nominations are up! The Watcher focused on the curious closings of Chrysler dealerships. Doug Ross has done some groundbreaking work in investigating this and has now followed it up. Doug doesn’t prove anything, but sho…

]]> By: Watcher of Weasels » The Makings of a Dictator - GOP Contributors Appear Targeted in Chrysler Closings http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/comment-page-1/#comment-49982 Watcher of Weasels » The Makings of a Dictator - GOP Contributors Appear Targeted in Chrysler Closings Wed, 27 May 2009 12:58:41 +0000 http://www.bookwormroom.com/?p=6581#comment-49982 [...] Bookworm Room - Does Brown v. Board of Education constitute the Supreme Court’s one free pass? [...] [...] Bookworm Room – Does Brown v. Board of Education constitute the Supreme Court’s one free pass? [...]

]]> By: Mike Devx http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/comment-page-1/#comment-49827 Mike Devx Sun, 24 May 2009 12:07:31 +0000 http://www.bookwormroom.com/?p=6581#comment-49827 Damn it, I screwed up my italicised hypertext formatting again. Apologies for the bad formatting above. Damn it, I screwed up my italicised hypertext formatting again. Apologies for the bad formatting above.

]]> By: Mike Devx http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/comment-page-1/#comment-49826 Mike Devx Sun, 24 May 2009 12:06:45 +0000 http://www.bookwormroom.com/?p=6581#comment-49826 Well, since you asked for our 2c worth, Book, here's mine. I'm not trained in any way to be a lawyer, so I could be way off base here... My conclusion has been that "Brown vs Board Of Education" is one of the soundest and best decisions. Why? Well, let's start with Plessy vs Ferguson, dealing with the horrifying "separate but equal" class of laws that institutionalized segregation in the South. A Wiki excerpt: <i>Plessy v. Ferguson, 163 U.S. 537 (1896), is a landmark U.S. Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of racial segregation even in public accommodations (particularly railroads), under the doctrine of "separate but equal".</i> Given the powerful and pervasive racism across the country, it's no surprise that this was the Supreme Court result. Sad, but not surprising. In reading your post, Book, the crux of your argument appears to be: <i>What made people care, what made them sit up and pay attention, was the fallout from an activist Supreme Court opinion: 1954’s Brown v. Board of Education. The opinion said, as we all know, that it is impossible for separate to be equal. That is silly.</i> I would instead point to the 14th Amendment, whose "penumbra effect" conservatives have been decrying for years, especially surrounding the "equal protection" clause in Section I. The entire Section I is the interesting part to me: <i>All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; <b>nor deny to any person within its jurisdiction the equal protection of the laws.</b><i> I would argue that "separate but equal" is precisely the kind of violation of "equal protection of the laws" that this Amendment should cover. Or perhaps I should say that any penumbra effect would first extend to "separate but equal". My sense of law and human nature is that "separate but equal" can never be equal. Never, never, never. Which is why I rejected your premise that "of course separate but equal can be made to be work by making them strictly equal". It's just not possible. It's inherently impossible even in a theoretical sense, and in the real world, the intent of any such "separate but equal" system is that the equality part is always a vicious lie, and the separate part, with the intent to exploit The Other and protect The Group, is really the purpose. So, in setting up *any* separate but equal system, by its very nature of deliberately separating Americans into different classes codified by law, is a violation of the 14th Amendment. Plessy was wrongly decided, and Brown vs Board of Education was rightly decided. So that's a non-lawyer's opinion. Since I'm not a lawyer in any way, shape or form, I bet I could be wrong and deserve to be taken to pieces by a correct legal argument. But I didn't see the legal argument in your post, Book, so I will humbly await anyone who is willing to take my thoughts apart as they might deserve, and I won't mind at all being wrong, if I am. Well, since you asked for our 2c worth, Book, here’s mine. I’m not trained in any way to be a lawyer, so I could be way off base here…

My conclusion has been that “Brown vs Board Of Education” is one of the soundest and best decisions.

Why?

Well, let’s start with Plessy vs Ferguson, dealing with the horrifying “separate but equal” class of laws that institutionalized segregation in the South. A Wiki excerpt:

Plessy v. Ferguson, 163 U.S. 537 (1896), is a landmark U.S. Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of racial segregation even in public accommodations (particularly railroads), under the doctrine of “separate but equal”.

Given the powerful and pervasive racism across the country, it’s no surprise that this was the Supreme Court result. Sad, but not surprising.

In reading your post, Book, the crux of your argument appears to be:

What made people care, what made them sit up and pay attention, was the fallout from an activist Supreme Court opinion: 1954’s Brown v. Board of Education. The opinion said, as we all know, that it is impossible for separate to be equal. That is silly.

I would instead point to the 14th Amendment, whose “penumbra effect” conservatives have been decrying for years, especially surrounding the “equal protection” clause in Section I. The entire Section I is the interesting part to me:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

I would argue that “separate but equal” is precisely the kind of violation of “equal protection of the laws” that this Amendment should cover. Or perhaps I should say that any penumbra effect would first extend to “separate but equal”. My sense of law and human nature is that “separate but equal” can never be equal. Never, never, never. Which is why I rejected your premise that “of course separate but equal can be made to be work by making them strictly equal”. It’s just not possible. It’s inherently impossible even in a theoretical sense, and in the real world, the intent of any such “separate but equal” system is that the equality part is always a vicious lie, and the separate part, with the intent to exploit The Other and protect The Group, is really the purpose.

So, in setting up *any* separate but equal system, by its very nature of deliberately separating Americans into different classes codified by law, is a violation of the 14th Amendment. Plessy was wrongly decided, and Brown vs Board of Education was rightly decided.

So that’s a non-lawyer’s opinion. Since I’m not a lawyer in any way, shape or form, I bet I could be wrong and deserve to be taken to pieces by a correct legal argument. But I didn’t see the legal argument in your post, Book, so I will humbly await anyone who is willing to take my thoughts apart as they might deserve, and I won’t mind at all being wrong, if I am.

]]> By: Ymarsakar http://www.bookwormroom.com/2009/05/21/does-brown-v-board-of-education-constitute-the-supreme-courts-one-free-pass/comment-page-1/#comment-49801 Ymarsakar Sat, 23 May 2009 22:45:11 +0000 http://www.bookwormroom.com/?p=6581#comment-49801 Again, it depends on the level of psychological shock, Suek. Sheik Mommy was all gung ho about being able to resist interrogation and the pansy American soft hearted efforts. But everybody has their limits. Finding it and exceeding it will produce results. Again, it depends on the level of psychological shock, Suek. Sheik Mommy was all gung ho about being able to resist interrogation and the pansy American soft hearted efforts. But everybody has their limits. Finding it and exceeding it will produce results.

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