The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
This was the chain the court snapped in the _School Segregation
Cases_. Six months after the case had been reargued, on May 17, 1954,
Chief Justice Warren spoke for a unanimous court in overruling and
discarding this uniform interpretation of more than eighty years.
The text of the court’s opinion appears in the Appendix, along with
its companion decision in the _Bolling_ case from the District of
Columbia. Here it will be seen that the court blandly dismissed the
massive evidence of “intent” with a regal hand: The evidence was
“inconclusive.” Then, disdaining every rule of jurisprudence which
says that law cases should be decided on points of law, the court
delivered itself of some homilies on the importance of education:
“Today, education is perhaps the most important function of State
and local governments.” Everyone must have an education: “It is the
very foundation of good citizenship. It is a principal instrument in
awakening the child to cultural values.” Said the court:
We come then to the question presented: Does segregation of
children in public schools solely on the basis of race, even though
the physical facilities and other “tangible” factors may be equal,
deprive the children of the minority group of equal educational
opportunities? We believe that it does.
That was the key paragraph. The court went on to assert that
the “intangible considerations” it had found to be important in
graduate-school instruction apply with added force to children in
grade and high schools. “To separate them from others of similar age
and qualifications solely because of their race generates a feeling
of inferiority as to their status in the community that may affect
their hearts and minds in a way unlikely ever to be undone.” Whatever
may have been the extent of psychological knowledge at the time of
_Plessy_, said the court, “this finding is amply supported by modern
authority.” And the court inserted its famous Footnote 11 to prove it.
Public-domain text, read in full here on John Shaqi.
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