Bolling v. Sharpe
By
John C Abercrombie
The Bolling v Sharpe case is one that was incorporated into the Brown v Board case. Bolling is unique in several aspects. It was filed in Washington, DC which is not a state and therefore did not seem to fall under the 14th amend which covers “Equal Protection” as the other cases. The 14th amendment covers the states and Washington, DC is not a state. Bolling was argued under the 5th Amendment.
The Court ruled that the 5th Amendment of the United States Constitution did not have an Equal protection Clause as was written in the 14th Amendment of the united States Constitution. However, the Court held that the concept of Equal Protection and Due Process are not mutually exclusive and established the reverse incorporation doctrine.
The suit was filed by James Madison Nabrit, Jr. Nabrit wad a prominent Black civil rights attorney. He served as president of Howard University during the 1960’s. He was appointed Deputy Ambassador of the United Nations by President Lyndon Baines Johnson. He was also appointed to the United States Atomic Energy Commission.
Nabrit, Jr had a son, James Nabrit III who was also a civil rights attorney.
The beginning of this case started in 1941 when a group of parents petitioned the Board of Education to open the nearly completed John Phillip Sousa Junior High school on an integrated basis. As has been the case in the other cases, schools for Blacks were always below the standards of White schools in the physical plant, funding and resources. These parents as all parents wanted the best for their children.
James Nabrit Jr, a professor at Howard University School of Law, an HBCU, filed suit. The court dismissed the claim, and the case was granted a “Writ of Certiorari” by the United States Supreme Court. A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.
Bolling argued that the “separate but equal facilities” that were sanctioned by Plessy v Ferguson was a fallacy since the facilities for Black students were woefully inadequate. The lead attorney for the Bolling v Sharpe case was George E C Hayes.
Hayes was one of the attorneys on the Brown case. His father James H Hayes was an attorney and encouraged George to pursue law. He earned his undergraduate degree from Brown University in 1915 and his law degree at Howard University School of Law in 1918. He became a professor of law at Howard Law School in 1924.
The court decided unanimously in favor of the plaintiffs. They noted that the 14th Amendment provided Equal Protection, does not apply to the District of Columbia, as it is not a state. Although the 5th Amendment lacks the equal protection clause, the court held that “the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive.” The court stated that “discrimination may be so unjustifiable as to be violative of due process.” Further, they ruled it would be “unthinkable that the same Constitution would impose a lesser duty on the Federal Government (than that imposed on the states).”
The links to books and value offers takes you to Amazon where you can do all of your Amazon shopping! We do receive a small royalty from all of your purchases without cost to you. These funds help us continue to provide you with quality information on a regular basis.
Clicking on a link to a product does not purchase that product. It must be in the cart at the time of check out. If by some chance it is in your cart and you don’t want it, simply remove it.
If you don’t need the product that you click on, that’s ok. You are only charged for items in your cart at the time of checkout. Clicking on a product does not put it in your cart and if it is, simply remove it before checkout.
We appreciate you using our links anytime you shop Amazon!
As you scroll down through the books and videos, you will encounter some value offers. These take you directly to Amazon where you can do all your shopping. We encourage you to use our links as we receive a small royalty without cost to you. These funds help us continue to provide you with quality information.
To see the full listing of posts, click on our Blog list
For Black History Month 2020, we posted daily. To see the posts, click here
To comment or make suggestions on future posts, use Contact Us
We encourage you to share the site on social media.
Use our links to Amazon anytime you shop Amazon. We receive a small royalty without cost to you. Continue to scroll for fascinating Videos and Books to enhance your learning experience.
Continue scrolling down for more amazing information, videos, books and value items.
**
A Million Women United Against Lynching: The Anti-Lynching Crusades
**
Law
Many people find law a technical and difficult subject and it is, however, there are many sources to help understand various aspects of the law. The law affects us in many ways. Why remain ignorant of such an important subject when you can begin to understand using our Amazon affiliate link below
**
An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone L Know
This multimedia platform combines a book and video series that will change the way you study constitutional law. An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed over the past two centuries. All students even those unfamiliar with American history will learn the essential background information to grasp how this body of law has come to be what it is today. An online library of sixty-three videos (access codes provided with purchase of the book) brings the Supreme Court’s one hundred most important decisions to life.
**
Politics and Social Sciences
Looking at the Brown v Board case, we see the need and importance of law and lawyers, however many problems can be resolved by understanding politics and social sciences. They provide a critical link to understanding the human condition and the effects of the laws that are passed that have much impact. How much easier it would be to become involved while the laws are being made than coming in at the end. Start your understanding with our Amazon affiliate link below
ABH – Politics and Social Sciences
**
Bolling v. Sharpe “Sixty years after Bolling v. Sharpe:
Public Education and the D.C. Federal Courts” – The special relationship between the Courts of the D.C. Circuit and the D.C. public schools was the subject of the Society’s program on June 19, 2014. Listen as James Forman of Yale Law School moderates a discussion among Judge David S. Tatel; Kaya Henderson, Chancellor of the D.C. Public Schools; Rod Boggs, Washington Lawyers’ Committee for Civil Rights and Urban Affairs; and Brian W. Jones, General Counsel of Strayer University on the significance of Bolling v. Sharpe and Brown v. Board of Education as well as key public education issues and challenges presented by the twin goals of achieving integration and improving education in public schools. Listen also to Eloise Pasachoff of Georgetown University Law Center as she highlights the history of the Courts’ engagement with the D.C. schools.
**
Bolling v. Sharpe (1954) | An Introduction to Constitutional Law
**
Education and Teaching
We see in the Brown v Board of Ed case that the only outcome the parents were looking for was a way to educate their children with the resources that should have been accessible to all. They realized the value of education. Education is for all ages, not just the young. Start your journey here using our Amazon affiliate link below
**
NAACP Attorneys 1954 Nleft To Right NAACP Attorneys George EC Hayes Thurgood Marshall And James Nabrit Jr Celebrate Their Victory In The Brown Vs The Board Of Education Case At The Supreme Court In WA
**
Cell Phones and Accessories
Not just for chatting, cell phones are also a link to many sources of education. You can search the internet, you can have access to your library of Kindle or Audible books, you can navigate around the world and so much more. Use our Amazon affiliate link for the greatest assortment delivered to your door.
ABH – cell phones and accessories
**
Bolling v Sharpe (Landmark Court Decisions in America) This video is about “Bolling v Sharpe”. This video series is something special. We’re covering the Landmark Court Decisions in the United States that’s shaping everything from law, culture, and beyond.
**
Cell Phone Cases – Holsters and Sleeves
You have purchased a valuable resource, protect it and prevent loss with a case, holster or sleeve. Shop for them here using our Amazon affiliate link below
ABH – Cell Phone Cases – Holsters and Sleeves
**
Groundwork: Charles Hamilton Houston and the Struggle for Civil Rights
“A classic. . . . [It] will make an extraordinary contribution to the improvement of race relations and the understanding of race and the American legal process.”—Judge A. Leon Higginbotham, Jr., from the Foreword Charles Hamilton Houston (1895-1950) left an indelible mark on American law and society. A brilliant lawyer and educator, he laid much of the legal foundation for the landmark civil rights decisions of the 1950s and 1960s. Many of the lawyers who won the greatest advances for civil rights in the courts, Justice Thurgood Marshall among them, were trained by Houston in his capacity as dean of the Howard University Law School. Politically Houston realized that blacks needed to develop their racial identity and also to recognize the class dimension inherent in their struggle for full civil rights as Americans.
**
Hair Care
Look your best and go with confidence, using our Amazon affiliate link below
**
The Fifth Amendment Explained:
The Constitution for Dummies Series Continuing the Constitution for Dummies Series with the Bill of Rights and Amendment 5. Explained simply so you can understand the Constitution of the United States. Subscribe to HipHughes History, it’s stupid easy and free
**
Outstanding offers! Great values updated daily. Notice the timer at the bottom of the screen so you don’t miss out. Check daily.
**
Undoing Plessy: Charles Hamilton Houston, Race, Labor, and the Law, 1895-1950
Undoing Plessy: Charles Hamilton Houston, Race, Labor and the Law, 1895-1950 explores the manner in which African Americans countered racialized impediments, attacking their legal underpinnings during the first half of the twentieth century. Specifically, Undoing Plessy explores the professional life of Charles Hamilton Houston, and the way it informs our understanding of change in the pre-Brown era. Houston dedicated his life to the emancipation of oppressed people and was inspired early-on to choose the law as a tool to become, in his own words, a “social engineer.” Further, Houston’s life provides a unique lens through which one may more accurately view the threads of race, labor, and the law as they are woven throughout American society.
**
Skin Care
Another confidence builder. Use our Amazon affiliate link below ABH – Skin Care ** The Fifth Amendment Explained: The Constitution for Dummies Series Continuing the Constitution for Dummies Series with the Bill of Rights and Amendment 5. Explained simply so you can understand the Constitution of the United States. Subscribe to HipHughes History, it’s stupid easy and free
**
Beauty and Grooming Gift Sets
ABH – Beauty and Grooming Gift Sets
**
Undoing Plessy: Charles Hamilton Houston, Race, Labor, and the Law, 1895-1950
Undoing Plessy: Charles Hamilton Houston, Race, Labor and the Law, 1895-1950 explores the manner in which African Americans countered racialized impediments, attacking their legal underpinnings during the first half of the twentieth century. Specifically, Undoing Plessy explores the professional life of Charles Hamilton Houston, and the way it informs our understanding of change in the pre-Brown era. Houston dedicated his life to the emancipation of oppressed people and was inspired early-on to choose the law as a tool to become, in his own words, a “social engineer.” Further, Houston’s life provides a unique lens through which one may more accurately view the threads of race, labor, and the law as they are woven throughout American society.
**
Clothing and Accessories
Look sharp using our Amazon affiliate link
ABH – Clothing and Accessories
**
The 14th Amendment Explained:
.US Government Review Hughes does the 14th amendment dirty. Subscribe to HipHughes History, it’s stupid easy and free
**
Digital Music
Get it here, using our Amazon affiliate link below
**
Lloyd Gaines and the Fight to End Segregation (Studies in Constitutional Democracy)
In 1936, Lloyd Gaines’s application to the University of Missouri law school was denied based on his race. Gaines and the NAACP challenged the university’s decision. Missouri ex rel. Gaines v. Canada (1938) was the first in a long line of decisions by the U.S. Supreme Court regarding race, higher education, and equal opportunity. The court case drew national headlines, and the NAACP moved Gaines to Chicago after he received death threats. Before he could attend law school, he vanished.
**
Musical Instruments You have found the place to get that instrument using our Amazon affiliate link below
**
What is the 14th Amendment? (U.S. Government) The 14th Amendment & Black History
Did you know that the 14th Amendment of the U.S. Constitution is a big part of Black History? Watch this educational video for students on the 14th Amendment and Government.
**
You see items on TV that you want. Look no further, get them here using our affiliate linkbelow
**
Racial Reconciliation and the Healing of a Nation:
Beyond Law and Rights (The Charles Hamilton Houston Institute Series on Race and Justice) The work at hand for bridging the racial divide in the United States From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race – and especially the black/white divide – in American culture. They also suggest that the work of racial reconciliation remains incomplete.
**
The Bolling v Sharpe case is one of the cases combined into the Brown v Board of Ed case. This is also a source of discussion and we encourage that open, honest discussion. The subject requires to be open and nonjudgmental. We thank you for sharing the post, the site and the use of our links to Amazon for all of your shopping needs. We do receive a small royalty when you use these links, and it supports our work without charge to you.
Thank YOU!