Time to repudiate Brown v Board of Education is overdue

A VIEW FROM HERE – While the country’s history with slavery is not the central issue facing the nation, there is a need to root out a strong anti-black legal tradition.

For the welfare of the nation as a whole and black people in particular, the Supreme Court must reject Brown v Board of Education, 347 US 483 (1954).

Virtually no one will admit the huge conflict between ending segregation and the excruciating reasoning on which the Warren Court based its decision. Rather than rejecting the legal reasoning in Plessy vs. Ferguson 163 US 537 (1896), which had endorsed the separate but equal doctrine of racism, the Warren Court took Plessy’s same approach, that is, denying that individuals blacks were entitled to the inalienable and constitutional right of Liberty. The basis for Brown’s conclusion that segregation was unconstitutional was a handful of sociological studies that found segregation negatively impacted black achievement. The Warren court framed the question:

“Does the segregation of children in public schools solely on the basis of race, even though physical facilities and other ‘tangible’ factors may be equal, deprive children of the minority group of equal opportunity in education?”

The Warren court’s wording of the question excluded any discussion of the freedom (freedom) of blacks or whites, making it a framework for its conclusion: “Whatever the extent of psychological knowledge at the time of Plessy c. Ferguson, this conclusion is amply supported by modern authority. The whole case was based on recent psychological and sociological studies of the low performance of black students in racially segregated schools.

The Court Warren should have written:

“Any law that prohibits a child from attending the school he would go to but for his race deprives that child of liberty. No deprivation of liberty [or life or property] based on a person’s race can still be “with due process”. Therefore, we argue that racial segregation is itself unconstitutional as an impermissible deprivation of liberty under the 14th Amendment.

Like Plessy, Brown refused to recognize that the inalienable, constitutional individual right of Liberty applied to blacks. Instead, the nation had to manipulate social factors so that black success was the same as white success. This philosophy initiated quotas in education and employment and was the basis of the philosophy of victimization that all black people’s problems stemmed from their being victims and that all responsibility for rectifying the situation fell to the whites. (This perniciously racist approach was 100% contrary to everything Martin Luther King based the entire civil rights movement on, i.e. individual freedom.)

Lawrence vs. Texas, 539 US 558 (2003) highlights Brown’s inherent racism

Although gays are everywhere, the public perception of gays is white male. When the Supreme Court had to rule on its landmark gay rights case, it chose a Texas sodomy law, which by its nature excluded women. All of the complainants were white men. Judge Anthony Kennedy based gay rights 100% on freedom. Kennedy’s opening paragraph said:

Freedom protects the person against unjustified government intrusions into a dwelling or other private places. In our tradition, the state is not omnipresent in the home. And there are other spheres of our lives and existence, outside of the home, where the state should not be a dominant presence. Freedom extends beyond spatial boundaries. Freedom assumes a self-reliance that includes freedom of thought, belief, expression and certain intimate conduct. This case involves freedom of the person both in its spatial and more transcendent dimensions.

Just as black people were beset by poverty pimps who made their fortunes by measuring black representation in everything, gay people suffered from their own gay pimps with their hands out for government money. Most of the gay community has rejected equality, despite the widespread use of the word. An important distinction is that most gay people can hide in plain sight and have no intention of being noticed. All of the gay court challenges included a freedom-based claim even when Democrats tried to impose the Black Equity formula on gays.

When Push Comes to Shove, Most Americans Don’t Like Equality

While Americans love freedom, they consistently reject equality, but the proponent of identity politics refuses to acknowledge this fact. To date, the Equal Rights Amendment has not been ratified. Its first version was written in 1923. The final version was approved by Congress in 1972 and set 1979 as the date for state ratification. If the amendment had been based on women’s inalienable individual right to liberty, the amendment would most likely have passed in record time. We will never know. Congress ratified the Thirteen Amendment, which was 100% liberty-based, in January 1865 and it received state approval in December 1865.

Equality leads to division which leads to civil war

Despite the recent anniversary of the January 6 uprising, Democrats refuse to acknowledge that the civil war has begun. The main thing fueling the Civil War is the Democrats’ racist identity politics. Whenever a nation is divided into factions, it escalates into civil war. This is the reason why the founding fathers excluded religion from government. They knew that once a religion controls the government, it targets other religious groups. The inevitable outcome of Pelosi’s identity politics is explained in the recent New Yorker article, How Politics Got So Polarized, by Elizabeth Kolbert. People with the same interests and values ​​can be reduced to warring factions by assigning each person to a different group and basing each individual’s well-being on the performance of their group. The current political divide is great for demagogues like Trump and Pelosi, but disastrous for the nation.

The GOP perversion of freedom

Division creates hideous distortions. When Democrats gave up individual freedom in favor of identity politics, the Alt Right claimed freedom. Although white supremacists make up less than 1% of white Americans, the Woker Dem’s attack on generic white Americans brought about an un-American type of freedom, i.e. the anti-mask anti-vaxer freedom of hurt others. Kolbert probably wouldn’t find this development at odds with what happens when demagogues slice and dice a nation into warring camps. In a perversion that seems truly insane, millions of Americans are reclaiming the freedom to deny reality and, like lemmings, follow obvious fake news over the cliff to unnecessary deaths for themselves and others. . The madness the division engenders is unfathomable unless caught in it like deranged fanatics at a game of European football.

A good step toward sanity would be for the Supreme Court to reject Brown’s reasoning and declare that “every individual has the inalienable right to liberty, rendering segregation unconstitutional.” I don’t care if they just add it as a footnote in the following case. Do it!

(Richard Lee Abrams has been a lawyer, real estate agent and community relations consultant as well as a CityWatch contributor. The opinions expressed here are his own and do not necessarily reflect the views of CityWatch. You can email him at [email protected])

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