From Brown to Bakke: The Supreme Court and School by J. Harvie Wilkinson

By J. Harvie Wilkinson

This e-book is a ancient examine of jurisprudence thinking about the review of the position of the very best courtroom in public tuition integration within the mid-twentieth century. the style during which the critical ultimate courtroom judgements are illuminated through the sensible, criminal, and political problems at every one step of how offers a truly good knowledgeable viewpoint that's either fascinating and critical.

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Is all else nit? That we might see Brown whole. Then do we grieve for what might have been? Better we be thankful for what was. 3 As Brown Saw the Problem There is always a nostalgia for simple times past, times when the knight on a white horse rode forth to save the beautiful princess from the bad guys. Never mind that the princess had no defensible right to her riches, that the bad guys had more than sufficient cause for redress of their grievances, or that the knight was more interested in the protection of privilege than of virtue.

In its racial hatred and mob fury, lynching violated not just the spirit of the Fourteenth Amendment but the whole concept of the rule of law. On this issue, at least, the Court might have stood ground. 71 Thus did the justices of that era upset the judgment of an all-white jury 7 2 but affirm the verdict of the mob. Violence, of course, as much as segregation, was in the spirit of those times. But the Court, more than any other THE COURT REDEEMED 23 man or institution, owed a duty to something more than the worst the temper of the times might condone.

But most of all, his presence before the Supreme Court symbolized the courage the Negro would need in what he was about to attempt. Integration, to many Americans, was something blacks wanted and whites resisted. But it was not that simple. The experience was as traumatic for those who knocked as for those who would be forced to open their school doors. It was not just the jeers and taunts of white classmates and parents who did not hesitate to let black children know they were not welcome. Or the officials who proclaimed them inferior and incapable of participating in any academic attempt.

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