In the2008Years11Month USA presidential election, Obama defeated Mccain, becoming the first black president of America. From the abolition of slavery to the racial segregation and desegregation, American blacks in the constitutional process has experienced too many twists and turns. There is between the federal government and state governments struggle, social impact arising from the case of Brown, we can from the spirit of the constitution of America decentralization and one or two.

      A Plessy was established "separate but equal" principle

If you want to talk about the Brown case, must be determined from the Plessy case "separate but equal" principle about.1892Years,USA southern Louisiana citizen Plessi(Plessy)By train from New Orleans to ke,Sitting in the white car,The train according to the relevant provisions of the laws of the state of Louisiana command him to the black compartment,Plessi insist not to go. The train will call the police to arrest him,The court convicted. But Plessi thought it was:You should be with America citizens enjoy the same social, political, and economic equality;And undertake the judge in the case, injustice. Hence in federal district court against judge Ferguson(Ferguson)Violation of the Constitution,Deprived of its due rights of judicial remedy. The court after trial at all levels,Results the Plessey adverse,Last,He appealed to the Supreme court. The Federal Supreme Court held that,The issue relates to the basic rights of constitution,He shall accept the application. The Federal Supreme Court held that,The plaintiff had misinterpreted article13Amendment,Louisiana "separate but equal" act does not violate the Constitution on the abolition of slavery in13Amendment. Color difference between white and colored is objective existence. A specified the color difference and regulations,Do not damage the legal status of the two ethnic groups,Don't set up a kind of enslavement service condition. Secondly,The Federal Supreme Court held that,Louisiana's "separate but equal" act does not violate the constitution article14Amendment. Although the constitution of two racial equality before the law,But does not want to cancel because of different colors and the formation of the difference,Don't want to put the two races mixed together. When the two race may contact,The law allows the two race in space isolation,This does not mean that a race in the status below another race. The Federal Supreme Court also especially to segregated schools as an example. The federal courts that,Establishment of apartheid for white children and children of color school,The legislative power is exercised correctly. The Massachusetts Supreme Court also think,The school board has the power to different age, different gender, different color of children in special schools. Columbia zones and some other states also issued the same content of the law,These laws are in support of the court. The federal courts that,Colored people feel inferior,The reason is not legal,But their subjective imagination. Between the two species can carry out social equality,Depends on both sides between understanding and individuals on the advantages of inner agree. In the elimination of different racial aspects of nature,In the elimination of differences produced in the body,The legislation is incompetent. If the two race in the civil rights and political rights equality,So,One of the race will not be in the social life of less than another race. If a race on the aspect of social life than another race,The Federal Constitution, nor can they be the same level. The Supreme Court's verdict,The law of segregation is constitutional. In order to establish the segregation of constitutional case.

                   Two  The Brown case

A The historical background of the Brown case

Brown case of black political influence and position in society are improved significantly at the same time also includes the factors as follows.

First, American participated in the Second World War, a large number of workers was drafted into the army, the military industry need a lot of labor, but the white insufficient number, in this way, the first black and women's history and white, male workers equal job opportunities. Although with the end of the war, black and massive unemployment, but black in the military and factory Reed training and experience so that they can effectively compete with white. In addition, the black a lot of join trade unions, to ensure their labor powerful forces in.

Second, war stimulates the economy, create jobs, job opportunities to expand the survival and advancement. Because black progress nondestructive the interests of white, white is no longer strongly resist black work and advancement. The further industrialization accelerated the social economic and political dominant force from the original plantation owners and landlords to the new factory owners and financiers transfer. These new factory owners and financiers are mostly from the north, accelerating the collapse of industrial structure influence character by environment South originally built, which provides an opportunity for southern blacks get further liberation in the economy.

Third, before the Second World War 10 years, only 350000 people migrated out of the South African War; 10 years migrated out of southern blacks soared to 16000000. Migrated north black mostly concentrated in the big city, black is more concentrated in the big city than in the countryside, more easy to organize. This provides conditions for the civil rights movement.

Fourth, in the South as the base of the Democrats had two important changes in twentieth Century after 30 years. One is the new democratic social and economic programs in the United States increased its power, no longer blindly rely on the southern voters; two is due to the fact that blacks have the vote, Democrats to expand the source of votes to win black voters.

Fifth, the USA and the former Soviet Union, the two superpowers are going for the third world. But if the race relations USA domestic did not improve, America for the third world's foreign policy is very difficult, therefore improve race relations, maintain the black civil rights had to put on the America government schedule.

Sixth, Asian African countries of nationalism, white colonial rule collapsed. It breaks the "white supremacy" and the myth of "black inferior" slander. Colored victory in African countries to establish a new model for America black, and promote their further organized to fight for their rights.

In twentieth Century seventh, after 20 years, the development of science has broken the racism in physiological differences as the pseudo science foundation, from "black Americans accept inferior" to start rethinking and abandon the idea. Although many whites still believe racism, but more white no longer accept "black inferior" concept.

Eighth, the black organization degree more and more high, so as to promote the National Association of colored people have the power to challenge white rule all the land in terms of momentum or abilities, forcing the public policy of the USA had to adjust its racial profiling.

Two The Brown case

Time to come20Century50In court, enters the turbine stage.The Brown case is tried in combination of four related cases. A by the state of Kansas, South Carolina, Virginia and Delaware state. Brown's home is located in Kansas city of Topeka state, the local school apartheid, his children to a mile a black school. In 1950 September, Brown's daughter, Linda to the third grade, he took his daughter to the nearby white schools tried to register, was rejected. Brown urged the America NAACP for help. 

The National Association for the advancement of colored people were looking for court cases challenging the "apartheid" case, a lawyer for Mr. and Mrs. Brown,Mrs. Brown was in accordance with the constitution article14Amendments to the constitution about the principle of equal protection,File a lawsuit to the court. Result,The district court to "separate but equal" principle,Brown and his wife lost judgment.1954Years,Mr. and Mrs. Brown to appeal to the Supreme Court,Against the Kansas board of education of Topeka, discloses the isolation of racial discrimination practices in school. Similar cases have occurred in other states too,Basically all requests for assistance from black juvenile court,The abolition of apartheid,In order to gain entry into the community public school right. These cases involve a common legal issues:Black and white, still can maintain the equality of educational opportunity,Whether the article14Amendment to the constitution of "equal protection of the laws" against the terms. So,The Supreme Court will these cases considered together,And Brown couples litigation together a verdict. The Federal Supreme Court ruling that the:Black and white school schools involved in the case of equality in tangible terms,Such as the school building, curriculum, teacher pay and qualifications and other physical conditions. Therefore,Decision not only rely on the physical condition of the involved two cases of white students and black school compared,But must explore segregation effect itself on public education. First,State and local governments for education is the most important function. Provide compulsory education law issued and the huge expenditure on Education,It shows the importance of education in a democratic society. Education is one of the most important tools,Can make children understand the cultural value,So they make preparation for employment,So they can adapt to the environment. If a state has undertaken to provide educational opportunities for children's responsibility,So,He must regard it as right for all children. Secondly,Comparison of the Federal Supreme Court through the school segregation intangible conditions,Points out that the school racial inequality:If the public school physical conditions and other conditions are equal,But according to race away the children,Depriving the minority children equal protection of the laws. The Federal Supreme Court cited "Sweatt v. Peiente decision" and "McLaughlin v. Oklahoma decision"(In the two relates to higher education's decision in the case,The Supreme Court ruled that segregated schools are not equal in the invisible condition)Think:"The above cases in point completely suitable for primary school and middle school. Based solely on race took some children with other children of the same age apart,This will make them feel inferior social status,Will the irreparable damage to their heart and mind. Kansas state Supreme Court decision in a case,Although forced to reject the request of black,But detailed adverse effects of segregation of educational opportunity:'in the public school to white children and children of color separating,Have a negative impact on children of color. In the legal permission,This lowly feel hinder the learning enthusiasm of children. Therefore,Get the apartheid laws allow is bound to hinder the development of black children education and intellectual development,And deprived of certain interest they shall enjoy in the desegregation of the school system.'" After,The Federal Supreme Court announced:"In the field of public education,'separate but equal' theory is not a place to live in,The essence of educational facilities for isolation is not equal,Therefore,We think,The plaintiffs and the litigation involving the other plaintiffs in the same circumstances,Since apartheid reason they accused,Deprived of the federal constitution article14Equal protection of the law to the amendment rights....... We now declare,Racial segregation in public education is in violation of the equal protection of the laws." "In the public education system,1896Years since the introduction of the only 'political equality',Don't tell 'equality' principle cannot exist." "In the 'decision in Plessy v. Ferguson',All the decision instead of language must be rejected."

So, the Supreme Court ruled that, a Federal desegregation in all public schools. AYears later, the Supreme Court once again after the court made about the second views, known as the Brown case II.

                 Three The Supreme Court and the southern states of the game

Most of the mentioned principles of separation of powers USA constitution is the federal government administrative, legislative, judicial organs of the separation of powers of three, and in addition, there are about federal and state government powers. The form of state structure America constitution for a federal. In the relationship between federal and state, federal power over the States' rights. The constitution to list the grant the federal authority, to prohibitive provisions shall not exercise the power of the States, and the constitution of the10Provisions of amendment: "not delegated to the United States where the constitution, nor prohibited by it to the States to exercise the powers reserved to the States, exercise, or reserved for the people to exercise."

This shows USA Constitution gives the federal states considerable power in constitutional checks and balances, range has significant effect on the federal government. Of course, decentralization and balance function is sometimes positive role, but this seems to negative delay the abolition of apartheid. When the decision of the Brown case the results,The southern states caused a great shock, they are "massive resistance".Governor of Georgia Hermann Talmaj condemned the Supreme Court to America constitution torn scraps of paper "". Mississippi Senator James Island vows to despise any judgment on the Brown case execution,Warned this would bring "conflict and confusion of great". The South Carolina legislature even denounced the federal government's illegal invasion of state power "".101Southern senators signed a so-called "Southern Manifesto", condemning the Supreme Court, claiming that Brown decision is illegal, the southern states had the right to ignore it. Required to all legal means to resist desegregation of public schools. At the same time, the South launched impeached Supreme Court Chief Justice Warren movement. Some state legislatures passed "refused to implement" and "objection" resolution, the latter announced the Supreme Court's ruling is invalid; some ordered state and local authorities to maintain racial segregation within the scope of his authority to take all measures; some states no longer provide funds for racially mixed schools; some will make enough public school the power to close the governor or the State Board of education directly control; some students to a private school funding; and the abolition of entrance law, etc..

Alabama governor Wallace was representative of the opposition to desegregation. He said, in the state of "racial segregation tomorrow today, apartheid, racial segregation forever".At the same time, he throws in many Southern Weekly is regarded as the model of "student placement method". On the surface, this method indicates the districts according to various non racial factors for students to public schools, these non racial factors is the existing school buildings, teaching staff and the degree of traffic; suitable for school curriculum on students' ability; the moral character of their students, health and housing environment etc.. "The beginning of the implementation of" student placement method, black students and family is difficult to prove the violation of the law of Brown case. Even the Supreme Court confirmed the lower court is not unconstitutional on Alabama this legal literally.

Even President Eisenhower and Congress, the federal government should not intervene in social issues in dispute, also has no right to intervene to state and local govern the education affairs. Although they did not openly oppose Brown case, but for the States and southern congressmen, senators resisted and opposed the Brown case completely indifferent. The close relationship between Eisenhower and President Warren has ended. Eisenhower even claimed, the appointment of Warren as chief justice is his life committed to maximum, the damn and most stupid mistakes. Warren and the Supreme Court is in have enemies in front and rear.

Warren court sentenced in the case of Brown is based on the consideration of various factors, the abolition of apartheid policy limited the right to education, and the abolition of apartheid in the state public school, because the sentence the case of Brown did not explain how to take steps, so in the comments, and launched the Brown caseII. Warren court that desegregation of difficulty, in the case of BrownIIThe ruling, against Apartheid and cannot be delayed the desegregation of reason, but to "all deliberate speed" to promote, this seems to be to the southern states opposition to the compromise. But one can imagine the difficulty of implementation, the most famous event is occurred in the Arkansas Little Rock event.

The governor of Arkansas Forbes excuse public disorder be triggered at any moment, the use of the hands of the authorities ordered the National Guard to prevent black students from entering the school, to maintain local order. President Eisenhower also expressed support for Forbes, federal district court after hearing the view, there is no evidence that the court approved the public school board of school desegregation plans can not be executed, and ordered to continue to promote desegregation process. And Forbes ordered the National Guard to ignore the federal court order, and no9 have been accepted black students. A federal district court ruled that the governor until, by the National Guard to prevent the black students into the school gate is illegal, in violation of the Fourteenth Amendment guarantee of the constitutional rights of black children. Forbes have to withdraw the State National guard. And when black students from entering the school, a group of white provoked riots, in an attempt to prevent the black students, Eisenhower had troops stationed in little rock. Also announced that about 10000 Arkansas National Guard, to enforce federal district court to continue to promote desegregation order. Forbes had to transform all sorts of means to resist the Brown case, in Little Rock, announced the closure of all the public high school, claiming that this is this is to prevent violence and unrest. From 1958 to 1959 for a whole year, Little Rock public high school education is at a standstill. In the federal court declared invalid to close the school legislation, all public high school in 1959 September recovery, and the implementation of the abolition of symbolic apartheid.

Warren points out, not because of acting according to the decision of the governor and assembly will lead to violence and riots, sacrifice or give up the black students' constitutional rights. Deprivation of black students' constitutional rights, and can not maintain law and order. The provisions of the Fourteenth Amendment, "no state shall to any person within its jurisdiction the equal protection of the laws, deny". States through its state legislative, administrative and judicial authorities activities. The Fourteenth Amendment means, any sector, any official or representative shall to any person within its jurisdiction the equal protection of the laws, deny. Otherwise it is a violation of the Fourteenth Amendment of the constitution bans. About whether the Federal Supreme Court ruled in a binding problem, the state governor and legislature Warren points out, the Federal Constitution of sixth to determine the constitution is the supreme law of the land, chief judge Marshall in Marbury v. Madison, established the federal judicial authority is the highest organ of the release solution of the Federal Constitution principle. Therefore, the Federal Supreme Court in the case of Brown on the Fourteenth Amendment, interpretation is the supreme law of the land, and shall be binding on the states. In Marshall's opinion, if the state legislature can abolish the federal court ruling confirmed, violations of these rights, then the federal constitution will be laughed at by others.

Warren admits, public education mainly by the States responsible for the fulfillment of this duty, but states must comply with the requirements of the federal constitution. The Federal Constitution created a government commitment to the rule of law, equality and justice, to the fourteen amendment reflects and reinforces this ideal. States through the arrangement, plan or fund support race a school, are defined and the Fourteenth Amendment, no state shall deprive any person within its jurisdiction the equal protection of the law of ban incompatible.

After the Supreme Court and state of struggle, finally the southern states have used their right of the state reform and symbolic. The Brown case the decision of the Supreme Court did change USA black history, however, from the state to adopt the symbolic reforms this point of view, the right of the state to restrict the Brown case implementation is not complete, today, segregation phenomenon still exists be corrected even in law.

                      Four Conclusion

America constitution is the history of the world's first bourgeois written constitution, embodied in the constitution of the separation of powers, checks and balances and the principle of the rule of law, as a powerful plays a great role in American. But, undeniable, the principle of separation of powers of the federal government and state government decentralization in that state to balance the power of the federal government power to expand at the same time, taken in the place like the Brown case when the boycott, but become the limitations of constitutional separation of powers.