The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
There is great meaning here for the issue that prompts this brief.
What the South has said, repeatedly, earnestly, unavailingly, is
that the power to operate public schools plainly is a power reserved
to the States respectively _by the Constitution_. The power is not
delegated to the United States; it is not prohibited to the States
by the Constitution; therefore it remains with them. The power to
operate public schools necessarily embraces the power to decide what
kind of public schools will be operated; and so long as the States do
not violate any prohibition laid upon them by the Constitution, they
are free to operate whatever schools they please. Their contention
is that nothing in the original Constitution of 1788, nothing in the
pre-War amendments, nothing in the Reconstruction amendments, and
nothing added to the Constitution in this century was intended to
prohibit to the States the power to operate racially separate public
schools. On the contrary, the South contends that this power plainly
was recognized, acknowledged, and judicially sanctioned in States
North and South for eighty years after the Fourteenth Amendment
became operative; and we deny that a construction so long placed
upon the Constitution, in an area of public affairs so vitally and
intimately affecting the daily lives of so many millions of persons,
validly may be wiped out by a stroke of judicial pens.
III
The four cases that were to coalesce as _Brown_ v. _Board of
Education_ had their beginnings in four widely separated proceedings.
In the first of the suits, Harry Briggs, Jr., and forty-five other
Negro children of Clarendon County, S. C., brought an action on
December 22, 1950, against R. W. Elliott and other members of the
county’s School District 22. The following March, in Kansas, Oliver
Brown and other colored children filed suit against Topeka’s board of
education. In May 1951, Dorothy E. Davis and other Negro plaintiffs
in Prince Edward County, Va., launched their proceeding against
county officials. Nine months later, in the early spring of 1952,
Ethel Louise Belton and others sued for nondiscriminatory admission
to the public schools of Hockessin and Wilmington, Del.
Each of the suits was carefully coordinated with the others by the
National Association for the Advancement of Colored People, and each
had the same object--overthrow of the “separate but equal” rule
that had governed the operation of racially separate schools since
Reconstruction days. Counsel’s plan was to show, first, that school
facilities for white and Negro children were not equal as a matter
of fact, but this was not so important; beyond this--and it was by
far the more significant aim--the object was to prove, as Thurgood
Marshall said in South Carolina, that “the segregation of pupils in
and of itself is a form of inequality,” and hence a violation of the
Fourteenth Amendment’s requirement of equal protection of the law.
Public-domain text, read in full here on John Shaqi.
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