Final Flashcards
Autherine Lucy
Admitted to the University of Alabama. A mob rioted to keep her out. She was expelled. She sued, say the university had allowed the mob to run over the law. She won, but was expelled anyway
James Meredith
Sued for admission to the University of Mississippi. Enrolled after great delay from the governor and other students. Became a symbol of the power of African-Americans to move the nation
Orval Faubus
Governor of Arkansas. Sent the National Guard to admit only white students to the Central High School in Little Rock. Later replaced them with City Police. Eventually closed down all schools in Arkansas, which was ruled unconstitutional
Ross Barnett
Governor of Mississippi. Opposed desegregation. Tried to instill fear in African-Americans and frenzy in whites. Personally turned away Meredith twice. Used doctrine of interposition as justification. Became a symbol of opposition
The doctrine of interposition
This pre-Civil War doctrine argues that a state can place itself between the national government and interference with state laws. Made irrelevant by the Supremacy Clause
Brown II
Decided 1955. Addressed the question of the implementation of desegregation. Decided 9-0
Two questions in Brown II
1: Should desegregation be immediate or gradual?
2: Should a start and end date be set?
Two counterarguments in Brown II
1: The NAACP argued for immediate integration by September of 1956 since a gradual implementation would invite evasion and delay
2: The DoJ argued for gradual implementation and Eisenhower wrote to the Court, asking them to regard the feelings of white Southerners “with understanding and goodwill”
Consequences of Brown II
1: Brown I upheld
2: Chose a gradual course, with integration “with all deliberate speed”. African-Americans, not the DoJ, had to sue their local school board to ensure that Brown was implemented
Three possible reasons for the Court’s gradualism
1: Gradualism was the price to be paid for the votes of a few Justices in Brown
2: The Supreme Court was concerned about issuing rulings that the government would not enforce
3: Racism; “the Supreme Court seemed more concerned with the feelings of Southern whites who were being coerced out of segregation rather than with the feelings of African-Americans who had been coerced into segregation”
Two factors in the Supreme Court’s concern for issuing rulings that the government would not enforce
1: Congress was not going to legislate integration since most committees were chaired by Southern Democrats
2: The President and DoJ were already on record favoring a gradual approach
The key question concerning Brown II
Did the Supreme Court sacrifice the rights of African-Americans with the adoption of a gradualist approach? Normally, when a court determines that a right has been violated, it orders immediate relief.
How did the Supreme Court attempt to balance integration with fears of non-implementation?
They stated an objective was to balance the personal interests of the African-American plaintiffs in seeing their children admitted to public schools on a non-discriminatory basis with the public interest
The limited scope of Brown II
Struck down segregation in public schools K-12, but not in any other way
Two avenues to extend the precedent of Brown
1: African-Americans filing suit in federal court alleging discrimination in one of the above seven areas and asserting it violated the “spirit of Brown,” inviting the Court to extend the precedent
2: Through federal legislation, as happened wit the VRA and CRA
Advocacy of states’ rights central to discourse in the US in two periods of our history
1: The pre-Civil War era, where those in favor of slavery argued it was the right of the state to decide
2: In the 50s and 60s, when it was espoused by those who opposed the CRM
Two main principles to states’ rights arguments
1: A strict enforcement of the limits of federal power
2: It calls for the maximum allowable autonomy for the states in making decisions for their citizens
Counterargument to states’ rights
The Supremacy Clause, which holds the Constitution, federal laws, and treaties above state laws, and is found in Article VI
Two conclusions flow the Supremacy Clause
1: Every public official takes an oath to uphold the Constitution of the US
2: When there is a conflict in a state court between federal and state law, the state judge is required to follow federal law
First phase of reactions to Brown
“Massive resistance” advocated that the white community use all legal, political, economic, and social means to oppose the implementation of Brown I and II
Second phase of reactions to Brown
The “Southern Manifesto,” also known as the “Declaration of Constitutional Principles”. It was signed by 101 embers of Congress from the South. It called for opposition to integration in all public places, foreseeing how Brown would be expanded
Four main points to the “Southern Manifesto”
1: Brown was a “clear abuse of judicial power”
2: The signers would use “all legal means available to reverse Brown, which is contrary to the Constitution and to oppose the use of force in the implementation of Brown”
3: Brown violated the 10th amendment
4: It called on all Southerners to oppose Brown
Six measures taken by the legislatures of Southern states to oppose Brown
1: Cutting funding to integrated schools, forcing them to close
2: Transferring the authority to assign pupils to specific schools from local school boards to state commissions, whose appointees were strict segregationists
3: Giving tuition vouchers to students at the new, all-white private academies
4: Giving tax credits to the parents of those pupils
5: Using tax money to bus white students to the private academies
6: Repealing statewide compulsory school attendance laws
Cooper v. Aaron
Decided in 1958. William Cooper was the chair of the Little Rock School Board and John Aaron was an African-American parent. Decided 9-0 in one day
Two things that the Little Rock School Board wanted to do
1: Suspend their desegregation program for 2.5 years to “let passions cool”
2: Return black students to their segregated schools
Two reasons for the Little Rock School Board filing a suit
1: Public hostility to integration
2: Actions of Gov. Faubus and the legislature had created “a chaotic and dangerous situation”
Two actions taken by the Arkansas state legislature
1: Amended the state constitution, after Brown, to prohibit integrated schools
2: Repealed compulsory school attendance laws students in integrated schools
Three reasons for the Supreme Court’s decisions in Cooper v. Aaron
1: Impermissible under the EPC to maintain law and order by denying black students their right to a superior education in an integrated school
2: Supremacy Clause makes the US Constitution, which the Court can interpret, and federal law the supreme law of the land
3: No state may seek to nullify, federal law directly by the actions of legislatures, nor can it evade it by indirect means, like cutting funding
Six principles of Nonviolent Resistance
1: It is a product of courage and strength
2: Its goals are reconciliation and redemption, not bitterness and humiliation
3: It is aimed at evil structures in society, not at people
4: Its practitioners must be willing to suffer violence without retaliating
5: Its central principle was love of neighbor
6: Its scriptural foundation is the conviction that God is on the side of the poor, oppressed, and those who struggle for justice
Six titles of the Civil Rights Act
1: No discriminatory enforcement of voting requirements
2: No discrimination in public accommodation
3: No denial of equal access to public facilities
4: Greater authority for the DoJ to file suits for violations of Brown
5: Expanding the US Civil Rights Committee
6: Prohibited local and state governments who engaged in discriminatory actions from receiving federal funds
