The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
I do not profess to know what the future holds for the Southern
Negro, or for that matter, for the Northern Negro. The achievements
of the colored people of the 1950s merit at least provisional
applause: They are fighting their way out of millennial shadows--and
more power to them! If an arriving generation of Negro children can
sustain this momentum, the race should move ahead, first within
itself, as Dr. Conant pleads, and in time--_in time_--toward equality
with the larger and more established community around it. When
that hour of equality arrives--whenever that hour arrives--white
“prejudices” predictably will dissolve; there no longer would be a
basis for them. What comes thereafter I cannot suggest, but it is
reasonable to surmise that barriers once lowered will not thereafter
be raised capriciously again. When the Negro race proves itself, in
terms of Western values of maturity and achievement, it will be time
enough to talk of complete social and economic integration. Until
then, it is pointless to argue sociology; it is more useful, in every
way, to meditate upon the transcendent issues of the law.
Part II
The Law
I think the proper course is to recognize that a State legislature
can do whatever it sees fit to do unless it is restrained by some
express prohibition in the Constitution of the United States or of
the State, and that courts should be careful not to extend such
prohibitions beyond their obvious meaning by reading into them
conceptions of public policy that the particular court may happen
to entertain.
--Oliver Wendell Holmes.
I
Public-domain text, read in full here on John Shaqi.
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