The Southern Case for School SegregationKilpatrick, James Jackson
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The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
As Douglas said in _Lerner_ v. _Casey_ (357 U. S. 468), the liberties
guaranteed to the citizen by the First and Fourteenth amendments
include “the right to believe what one chooses, the right to differ
from his neighbor, the right to pick and choose the political
philosophy that he likes best, the right to associate with whomever
he chooses, the right to join the groups he prefers, the privilege
of selecting his own path to salvation.” And in a case upholding the
right of Negroes to associate, Mr. Justice Harlan expressed for the
court the same view that white parents take in forming a private
school for their children: “It is beyond debate that freedom to
engage in association for the advancement of beliefs and ideas is
an inseparable aspect of the ‘liberty’ assured by the Fourteenth
Amendment.” (_NAACP_ v. _Alabama_, 357 U. S. 449.)
The high court’s opinion in the _School Segregation Cases_ did
nothing to interfere with these basic concepts of individual freedom
of action in areas of education. It is important to understand, the
Fourth U. S. Circuit Court of Appeals has said, “exactly what the
Supreme Court has decided [in _Brown_] and what it has not decided in
this case”:
It has not decided that the Federal courts are to take over or
regulate the public schools of the States. It has not decided that
the States must mix persons of different races in the schools or
must require them to attend schools, or must deprive them of the
right of choosing the schools they attend. What it has decided,
and all that it has decided, is that a State may not deny to any
person on account of race the right to attend any school that it
maintains. This, under the decision of the Supreme Court, the
State may not do directly or indirectly; but if the schools which
it maintains are open to children of all races, no violation of
the Constitution is involved even though the children of different
races voluntarily attend different schools, as they attend
different churches. Nothing in the Constitution or in the decision
of the Supreme Court takes away from the people the freedom to
choose the schools they attend. The Constitution, in other words,
does not require integration. It merely forbids discrimination.
It does not forbid such segregation as the result of voluntary
action. It merely forbids the use of governmental power to enforce
segregation. The Fourteenth Amendment is a limitation upon the
exercise of power by the state or State agencies, not a limitation
upon the freedom of individuals.
Public-domain text, read in full here on John Shaqi.
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