The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
In each of these cases, minors of the Negro race, through their legal
representatives, seek the aid of the courts in obtaining admission
to the public schools of their community on a nonsegregated basis.
In each instance, they had been denied admission to schools attended
by white children under laws requiring or permitting segregation
according to race. This segregation was alleged to deprive the
plaintiffs of the equal protection of the laws under the Fourteenth
Amendment. In each of the cases other than the Delaware case, a
three-judge federal district court denied relief to the plaintiffs
on the so-called “separate but equal” doctrine announced by this
Court in _Plessy_ v. _Ferguson_, 163 U. S. 537. Under that doctrine,
equality of treatment is accorded when the races are provided
substantially equal facilities, even though these facilities be
separate. In the Delaware case, the Supreme Court of Delaware adhered
to that doctrine, but ordered that the plaintiffs be admitted to the
white schools because of their superiority to the Negro schools.
The plaintiffs contend that segregated public schools are not “equal”
and cannot be made “equal,” and that hence they are deprived of the
equal protection of the laws. Because of the obvious importance of
the question presented, the Court took jurisdiction.[3] Argument
was heard in the 1952 Term, and reargument was heard this Term on
certain questions propounded by the Court.[4]
Reargument was largely devoted to the circumstances surrounding the
adoption of the Fourteenth Amendment in 1868. It covered exhaustively
consideration of the Amendment in Congress, ratification by the
states, then existing practices in racial segregation, and the views
of proponents and opponents of the Amendment. This discussion and
our own investigation convince us that, although these sources cast
some light, it is not enough to resolve the problem with which we are
faced. At best, they are inconclusive. The most avid proponents of
the post-War Amendments undoubtedly intended them to remove all legal
distinctions among “all persons born or naturalized in the United
States.” Their opponents, just as certainly, were antagonistic to
both the letter and the spirit of the Amendments and wished them to
have the most limited effect. What others in Congress and the state
legislatures had in mind cannot be determined with any degree of
certainty.
Public-domain text, read in full here on John Shaqi.
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