Northern Arizona University/Philosophy of Law/Discussion of Online Texts/Week 5
Critical Question #3
Missouri ex rel. Gaines v. Canada
In holding that "If a State furnishes higher education to white residents, it is bound to furnish substantially equal advantages to negro residents, though not necessarily in the same schools." Here the idea of seperate but equal is established, and held to be constitutional.
In finding that states may operate educational institutions under the premise of seperate but equal as long as they are providng such institutions within their own states or jurisdiction, Missouri ex rel. Gaines set up a situation that upheld segregation and discrimination for years to follow, given the history of segregation and the history of its demise, was such a finding constitutional, practical, adn worthwhile?
It may be that finding any other way would have left the states in chaos, and that by upholding the practice of segregation the court was in fact maintaining the peace and protecting the welfare of the citizens, however, is that the function of the court? Should they have pressed forward demanding equall and integrated schooling? Should they have done more to root out the socioeconomic/racial stratification that led to isolated schools in isolated neighborhoods?