Court's Decision:
Why a Landmark Case
- This case was a landmark case because it set the PRECEDENT that all segregation has to be non-existent in schools even if the segregation was unintentional or chosen.
- Court OPINION was a unanimous decision being 9-0 in favor of the McMillan Plan created by the Charlotte-Mecklenburg Board of Education
Why is it an Important Case
Court Case Chart:
- This case is important because it eliminates segregation in Charlotte Mecklenburg school districts and sets a PRECEDENT for similar cases.
The 14th amendment ended segregation in schools and the supreme court agreed
that a plan had to be made to fairly
distribute the students among the
schools in hopes to achieve this racial equality stated in the
constitution.
Case: Swann V. Charlotte-Mecklenburg Board of Edu.
Date: April 20th 1971
Issue: Is bussing students to achieve racial equality allowed?
Decision/importance: The decision was 9-0 (unanimous vote) for the McMillan plan and this eliminated segregation in the Charlotte Mecklenburg School District while setting a PRECEDENT for court cases to come. This decision said that children in Charlotte-Meck School District, just had to go to their school in their "pie slice" from the McMillan plan and that would make the schools racially equal.
Swann v Charlotte-Mecklenburg Board of Education (1971)
The 14th Amendment
What was the Issue that Brought this to the Supreme Court?
The 14th AMENDMENT in the CONSTITUTION stated that all people would receive equal protection under the law, which included ending racial segregation in schools. Thanks to the Brown v Board of Education case as well for the clarification that separate but not equal was unconstitutional.
- This case had been remanded from the Supreme Court and then then appealed once again but from a different view. This time the McMillan plan was being proposed instead of the plan to bus numbers of children to different schools. This plan said that instead of bussing children across the county, they would divide the school districts like pieces of pie with downtown Charlotte (with the largest african american population) in the center so that each school is fairly equal.
- This was proposed so that the school district would achieve racial equality required by the 14th amendment while semi-pleasing the people of Charlotte-Meck.
Issue:
Now, the issue at hand was--While the busing will no longer be the largest problem, is it still necessary to switch up and redraw the school district because of the unintentional segregation? And the places many Blacks chose to live?
What?
- The Charlotte-Mecklenburg Board of Education decided that they, as a county, were not following the constitution when it came to racial equality and segregation in schools. Their plan was to bus a certain amount of white children to the mainly black schools and black children to the mainly white schools. James Swann, white 6 year old, was one to be bussed to the black school. His father was chosen from the community to be the face of the unhappy people because of his job.
Citations:
"Desegregation and Busing: The Fourteenth Amendment-
FindLaw." Findlaw. N.p., n.d. Web. 08 Feb. 2015.
"SWANN v. CHARLOTTE-MECKLENBURG BD. OF ED."
Swann v. Charlotte-Mecklenburg Bd. of Ed. N.p., n.d. Web. 08 Feb. 2015.
Infoplease. Infoplease, n.d. Web. 08 Feb. 2015
"Swann v. Charlotte-Mecklenburg Board of Education
Civil Rights Law Case." Encyclopedia Britannica Online. Encyclopedia Britannica, n.d. Web. 08 Feb. 2015.
Where and When?
- This began right here close to us in Charlotte-Mecklenburg County then proceeded to the Supreme Court.
- The case was argued on October 12, 1970 and was decided one year later in 1971.
Who?
- families of children being required to bus across the county to reach racial equality. Mainly 6 year old James Swann and his family represented by their lawyer, Chambers
Type of Case and the Adversaries
- This was a CIVIL case since there were no criminal acts completed.
- The DEFENDANT in this court case was Charlotte-Mecklenburg Board of Education. The PROSECUTOR was the Swann's lawyer, Chambers, while James Swann and his family were the PLAINTIFF.
- The CHIEF JUSTICE was Warren E. Burger
- Like the majority of supreme court cases, the Supreme Court used JUDICIAL review in reviewing this case because of the confusion about the 14th amendment.
Chief Justice Warren E. Burger
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