MICHAEL J. KLARMANCHAPTER 6

PRESENTED BYADAM MCBRIDE

From JIM CROWto CIVIL RIGHTS

1951 - Moton High School Strike

Black students began a strike against overcrowding and other unequal conditions in their school.

The NAACP filed a lawsuit that became one of the five cases known as Brown v. Board of Education.

2

Black Empowerment

Several million blacks had migrated from southern farms to northern cities in search of greater economic opportunities.

Demographic shifts produced an urban black middle class with the education, disposable income, and lofty expectations conducive to involvement in social protest.

Economic gains enabled blacks to challenge the racial status quo.

3

Nazi Germany USA – Jim Crow South

White SupremacyAnti-BlackAnti-SemiticAnti-Homosexuals

Redefining if it is a Nation based off of white evangelical Christianity

Forced to reconsider their racial preconceptions to clarify the differences

We still love JewsAnti-Homosexuals

WWII: Fascism & Jim Crow South4

LAW OR POLITICS?

BROWN V. BOARD OF EDUCATION

5

May 17, 1954 – Brown v. Board of Education unanimously invalidated racial segregation in public schools.

Segregated public schools were “inherently unequal” and thus violated the Equal Protection Clause of the Fourteenth Amendment.

6

Fourteenth Amendment

Written by a Congress that enforced segregated schools in the district of Columbia for nearly 100 years. Suggesting they considered segregation to be

constitutional.What is the intent and definition of the

Fourteenth Amendment?Should the Constitution be a living

document?

7

Chief JusticeFred M. Vinson

“hard to get away from the long continued interpretation of Congress ever since the Amendments.”

“public schools in the District of Columbia have long been segregated.”

“hard to get away from that construction by those who wrote the amendments and those who followed.”

8

Hugo Black

Deep South Alabama

Once belonged to the Ku Klux Klan

Textual literalist

“violence if the courts hold segregation unlawful.”

“states would probably take evasive measures while purporting to obey.”

“protection of the negro against discrimination.”

9

Stanley F. Reed

“negroes have not thoroughly assimilated.”

“states should be left to work out the problems for themselves.”

“would uphold separate but equal.”

10

LOATHED SEGREGATION BUT DOUBTED WHETHER IT WAS UNCONSTITUTIONAL

Frankfurter & JacksonA conflict between law & politics.

11

4-3-2 9-0

Chief Justice Fred M. Vinson

Doubts of whether it was unconstitutional

Worry of violent backlash from the South

No pressure as their was not a majority ruling

Chief Justice Fred M. Vinson dies before case is reargued

Earl Warren becomes new Chief Justice

Warren with the 4 already made a majority

Justice who disagreed felt pressure to suppress their convictions for the good of the institution

Justices knew resisters would exploit any hint of internal Court dissension

From 4-3-2 to 9-012

AVOIDING RACIAL CONTROVERSY FOR A DECADE, TO RETURN TO THE 60 ’S AS

FOLLOWERS, NOT LEADERS, L ISTENING TO NATIONAL OPINION

Post Brown13