The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
The object of the amendment was undoubtedly to enforce the absolute
equality of the two races before the law, but in the nature of
things it could not have been intended to abolish distinctions
based upon color, or to enforce social, as distinguished from
political equality, or a commingling of the two races upon terms
unsatisfactory to either. Laws permitting, and even requiring,
their separation in places where they are liable to be brought into
contact do not necessarily imply the inferiority of either race to
the other, and have generally, if not universally, been recognized
as within the competency of the State legislatures in the exercise
of their police power. _The most common instance of this is
connected with the establishment of separate schools for white and
colored children, which has been held to be a valid exercise of
the legislative power even by courts of States where the political
rights of the colored race have been longest and most earnestly
enforced._ [Emphasis supplied.]
What was the primary question the United States Supreme Court asked
in the _Brown_ case in June 1953? This was the question: Whether the
Congress that submitted the Fourteenth Amendment, and the States
that ratified it, understood or contemplated that the amendment was
intended to abolish segregation in public schools.
We have seen that the Congress surely did not understand or
contemplate this: The Congress itself provided for racially
separate schools in the District of Columbia. Over a long period of
years following adoption of the amendment, States both North and
South continued to operate separate schools, without protest or
interference of any sort from Congress.
Just as plainly, the States that ratified the amendment did not
understand or contemplate that it was intended to abolish segregation
in schools: One after another, they provided for racially separate
schools in the same breath with which they ratified the amendment.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account