Citation. 358 U.S. 1, 78 S. Ct. 1401, 3 L. Ed. 2d 5 (1958)
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The Constitution is the Supreme Law of the Land; Supreme Court Cases are binding upon all the States.
Facts.
A state governor wishes to have the state legislature make it legal to segregate children in school based on his or her race. The Governor’s argument is one that the case is only binding until the state legislates otherwise, and that the case of Brown v. Board of Education should not be binding on the state.
Issue.
Whether a state is bound by all Supreme Court Case decisions.
Held.
Yes. Every state is bound by not only the United States Constitution, but also all cases decided by the United State Supreme Court. While each state has its own sovereignty, that sovereignty is granted by the United States Constitution. That is where the State derives its power from. In that same document it states that the United States Constitution is the Supreme law of the Land. In 1803 the bench stated that federal law is the fundamental and paramount law of the nation. The United States Constitution under the 14th amendment will not allow States to discriminate against children based on their race. Also no state may wage war against the federal government.
Discussion.
Not only was the Brown decision unanimously reached in the original decision, even today, with three new justices, that decision is still affirmed unanimously today. A state through its legislature may not use evasive schemes to achieve segregation.
