Brown v. Board of Education

Questions for Further Study

• 1. Compare and contrast Chief Justice Earl Warren's opinion in Brown with Justice John Marshall Harlan's dissent in Plessy v. Ferguson. Although both opinions argue against the “separate but equal” doctrine, they do so in different ways. Which opinion do you believe is stronger and why?
• 2. Many have criticized Warren's opinion for ignoring the original intent of the Fourteenth Amendment. How important should the intentions of the framers be considered in modern constitutional interpretation?
• 3. In light of the continued existence of de facto school segregation in many communities, should Brown be judged a failure?
• 4. Some critics fault Warren for writing a weak decision that would take very long to implement. Other students of the case argue that if Warren had not written a cautious decision, he would have had difficulty getting a unanimous Court to agree with the decision, which would have brought about more resistance to Brown. Which argument do you find more persuasive?
• 5. Should Warren have included psychological evidence in his decision or should he have based his decision solely on legal sources?