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As a law student in 1933, Thurgood Marshall ( [link] ) was recruited by his mentor Charles Hamilton Houston to assist in gathering information for the defense of a black man in Virginia accused of killing two white women. His continued close association with Houston led Marshall to aggressively defend blacks in the court system and to use the courts as the weapon by which equal rights might be extracted from the U.S. Constitution and a white racist system. Houston also suggested that it would be important to establish legal precedents regarding the Plessy v. Ferguson ruling of separate but equal.
By 1938, Marshall had become “Mr. Civil Rights” and formally organized the NAACP’s Legal Defense and Education Fund in 1940 to garner the resources to take on cases to break the racist justice system of America. A direct result of Marshall’s energies and commitment was his 1940 victory in a Supreme Court case, Chambers v. Florida , which held that confessions obtained by violence and torture were inadmissible in a court of law. His most well-known case was Brown v. Board of Education in 1954, which held that state laws establishing separate public schools for black and white students were unconstitutional.
Later in life, Marshall reflected on his career fighting racism in a speech at Howard Law School in 1978:
Be aware of that myth, that everything is going to be all right. Don’t give in. I add that, because it seems to me, that what we need to do today is to refocus. Back in the 30s and 40s, we could go no place but to court. We knew then, the court was not the final solution. Many of us knew the final solution would have to be politics, if for no other reason, politics is cheaper than lawsuits. So now we have both. We have our legal arm, and we have our political arm. Let’s use them both. And don’t listen to this myth that it can be solved by either or that it has already been solved. Take it from me, it has not been solved.
When Marshall says that the problems of racism have not been solved, to what was he referring?
Plessy v. Fergusson had been overturned. The challenge now was to integrate schools. A year later, the U.S. Supreme Court ordered southern school systems to begin desegregation “with all deliberate speed.” Some school districts voluntarily integrated their schools. For many other districts, however, “deliberate speed” was very, very slow.
It soon became clear that enforcing Brown v. the Board of Education would require presidential intervention. Eisenhower did not agree with the U.S. Supreme Court’s decision and did not wish to force southern states to integrate their schools. However, as president, he was responsible for doing so. In 1957, Central High School in Little Rock, Arkansas, was forced to accept its first nine African American students, who became known as the Little Rock Nine . In response, Arkansas governor Orval Faubus called out the state National Guard to prevent the students from attending classes, removing the troops only after Eisenhower told him to do so. A subsequent attempt by the nine students to attend school resulted in mob violence. Eisenhower then placed the Arkansas National Guard under federal control and sent the U.S. Army’s 101st airborne unit to escort the students to and from school as well as from class to class ( [link] ). This was the first time since the end of Reconstruction that federal troops once more protected the rights of African Americans in the South.
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