The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
On June 23, 1951, the Fourth Circuit’s Chief Judge John J. Parker,
joined by District Judge George Bell Timmerman, handed down an
opinion in the Clarendon County case. The third member of the
court, District Judge J. Waties Waring, strongly dissented to the
Parker-Timmerman decision. The majority decree directed county
officials to proceed at once with genuine equalization of public
school facilities, but the court refused to upset the long-standing
doctrine of “separate but equal.” The late Judge Parker was one of
the nation’s most widely admired jurists, a North Carolinian who
had then had more than twenty-five years’ experience on the bench.
His opinion (98 F. Supp. 529), though it subsequently was to be
reversed, merits respectful consideration in any study of the South’s
position.
On the key question developed by the plaintiffs--that segregation in
itself is a denial of equal protection--Parker took a calmly judicial
approach: This is a “matter of legislative policy for the several
States,” he said, “with which the Federal courts are powerless to
interfere.” He continued:
One of the great virtues of our constitutional system is that,
while the Federal government protects the fundamental rights of
the individual, it leaves to the several States the solution of
local problems. In a country with a great expanse of territory,
with peoples of widely differing customs and ideas, local self
government in local matters is essential to the peace and happiness
of the people in the several communities as well as to the strength
and unity of the country as a whole. It is universally held,
therefore, that each State shall determine for itself, subject to
the observance of the fundamental rights and liberties guaranteed
by the Federal Constitution, how it shall exercise the police
power, i.e., the power to legislate with respect to the safety,
morals, health and general welfare. And in no field is this right
of the several States more clearly recognized than in that of
public education.
Public-domain text, read in full here on John Shaqi.
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