[Repeal 16-17]

1954 (Brown)

Brown v. Board of Education was beyond the Court's authority? It overruled Plessy v. Ferguson (1896). Was Plessy beyond the Court's authority? If so, then the two decisions cancel out.

[Jim Noble]

Brown did NOT overrule Plessy, in fact, the decisions specifically says it is NOT overruling Plessy. Segregation has never been found by the USSC to be unconstitutional, it was outlawed by the Civil Rights Act of 1964.

Brown outlawed SCHOOL segregation, and the basis was "new discoveries in the field of Social Science".

Like all other decisions outside of the scope of Article III, it was based on nothing.