Public Policy (Test 1)

What was wrong with the Brown opinion?

(Brown and Bolling only applied to education) -Warren used history when he thought it was helpful and denied it when it conflicted -no law basis, relied on sociology and psychology -it could only really persuade those who already did not think strongly that segregation was inherent to southern living

What did the Brown opinion include?

-11 pages (very short to be pub'd in newspaper) 1. abstract and bland recital of legal challenges that faced segregated schools under the 14th amendment's equal protection clause 2. Devoted to the reargument of the history of the 14th amendment and that it was inconclusive in offering a solution 3. said little history about the 14th really spoke about education 4. turned to history to reject it, think about education today 5. state separate but equal is unconstitutional and how education is important 6. turned to precedent and that separate environments offer fewer of the intangible qualities that facilitate learning. Gave the inferiority complex and rested a footnote on psychology 7. how to fashion "appropriate relief"

Pupil Placement Law

-A school district would individually place every student in the school that was best for that student -- the pupil would be assigned to the school they were at prior to Brown unless he applied for a placement elsewhere, when AA applied they were turned down -The process was designed so it would take longer than a school year and then they would have to reapply the next year. A court couldn't intervene until the final administrative appeal was heard and decided

Naim v. Naim

-A white woman married an immigrant Chinese man in another state b/c in Virginia this was illegal. Then Ms. Naim wanted to get her marriage annulled grounded it with the VA law. Mr. Naim could be deported. (Miscegenation law) Q: Can you make it a crime to have interracial marriage or interracial sex? This is what southerners were worried about Court Response: They did not want to touch it b/c this case came right after Brown and they didn't want to get wrapped up in another scandal. Remanded it back down to VA, who said the facts are clear, it's a white woman with a Chinese man? VA's compelling state interest was keeping the white race from being "ruined." VA appealed and the appeal was dismissed.

Southern Reaction to Brown

-Court was attacking their way of life -political leaders condemned Brown to the courts and voiced outrage and disappointment. Some said they would not comply and thought the Court was brainwashed -Thought the SC was ruining the Constitution. -Believed that we are a nation of laws and not men, they claimed Brown did the opposite and chose to throw away established laws

Brown had two goals

-Declare official government mandated segregation unconstitutional -persuade the persuadable southerner

James Kilpatrick

-Editor and hardcore segregationist. -writes up essays about interposition to spread the idea that the Constitution was just a contract among sovereign states and had no mechanism, except state agreement, for deciding important constitutional questions -said the court was lawless -claimed the South was the most lawful place in the world and his final part IV was about "Do you really want your white daughter marrying a black man?" -The country is a country of law and not men -Wrote a book but it was bad and just showed how indefensible segregation was

What was the significance of Footnote 11?

-People believed it was the articulated reason why Brown was decided (not the case) -it was a reference to a study by two psychologists with the NAACP, but really the studies were bogus -since they relied heavily on studies or psychology, the decision could be undermined by new studies Southerners believed this was an attack on their way of life being wrong and that the SC had given up law for psychology

Cooper v. Aaron

-School board of Little Rock asked a stay of desegregation until '60-'61 school year b/c Faubus had inflamed the city and made them think they could overcome federal law. They claimed violence and the education was being disrupted. During this argument the NAACP lawyer was left alone and he actually dissed the white kids and said he was worried about the vitriol they were all learning fr. this The court lectured the southern leaders and showed them lawlessness would not give them what they wanted Cooper also finalized the Court's right not only to interpret the Constitution but it's right to be final

The plan on implementing Brown I as laid out in Brown II

-The local school boards were given the first shot at doing something and devise a plan. Then the local federal judge would approve or reject the plan -the SC was placing a lot of faith in the southern federal judges but it was necessary b/c they got no support from the president or congress

National (mostly north and midwest) reactions to Brown

-during the Cold War, the Soviet Union looked to US segregation as a reason why democracy was not actual freedom, It was a blow to communism in a democratic way! (policy victory for state dept.) -Brown decision was all over the news for several days across the entire world -Eisenhower believed personal prejudices could not be overcome by law, but made sure no one was appointed that would not agree with the Brown decision and made DC one of the first places to desegregate -African American reaction was muted b/c they had to rely on the "good faith" of the south, which was BS -North loved the decision

Reasons stated in Brown II as to why delay was reasonable?

-equity was flexible in adjusting private and public needs -personnel -physical conditions The last 2 spoke to the fact (although not discussed in Brown I) that the facilities were in fact not equal

Slochower v. NY

-fifth amendment communist Slochower was a tenured prof and plead the fifth about activities during 1940, and for NY if you did this on an employment related issue, it automatically took that as a resignation SC decided you couldn't automatically terminate someone for pleading the fifth, it was a constitutional right and you cannot penalize for it The reaction: court was protecting fifth amendment commies while the US was under threat

Desegregation in Mansfield, TX

-first school to desegregate in TX -AA were asking the school district to pay for their transportation to get to another all-black school -B/c Eisenhower did not appoint any segregationists to the courts, the fifth circuit actually took AA side and told Mansfield they would desegregate in the fall -When the kids showed up in the fall there were 3 effigies hanging and the gov. sent the TX Rangers to make sure it was safe and no black kid could get into the school. The AA kids con'd to be bussed to Fort Worth.

Interposition

-he uses interposition to argue that states could decide the cases of the federal gov't themselves b/c they are not beholden to it (this was used by Adams used it against Jefferson. Madison said this can't happen and states could impose their laws on the federal gov't when the federal gov't tried to overstep its bounds.) -Interposition and nullification used again around the Civil War and by the end of the war you never hear of it again, until now. -Virginia actually jumped on this idea after being introduced by Kilpatrick

Black Monday written by Tom Brady

-in response to Brown II, said this was a horrible decision and made the southern way of life unconstitutional. -usually when you tell people their way of life is wrong and must change, it comes after a war -Brady says southern white women must be protected and this decision could lead to white women and black men getting married

Garner v. LA

-instead of a sit in trespass case it was a breach of the peace case claimed just by sitting there the AA were breaching the peace, but the court disagreed *showed that sit in cases in the future could prove difficult b/c they all had reasons to reverse the conviction*

3 objections to interposition

-interposition does not exist, and if it did, it died with the confederacy -the issue was not interposition but race -interposition is an open invitation to lawlessness

Brown I and Brown II were not length on legal reasoning but Brown II showed what?

-opposition to rights could deny rights -although separate and unequal was bad, its consequences were too much for white children to take - this was closer to a political compromise than statesmanship

Bolling v. Sharpe

-states are expressly forbidden to deny any person w/in their jurisdiction the = protection of the law. The federal gov't is not. -Warren ended up applying Brown to this case b/c the federal gov't couldn't be held to a lower standard -The Due Process Clause of the 5th was called for its "ideal of fairness" and was paralleled with the 14th. Both achieve fairness by forbidding segregation in edu. b/c it is not reasonably related to any proper gov'tal objective. -*Promoting second class citizenship could not be a legitimate objective of the US and it condemned wholly arbitrary actions as violations.*

What was Warren like before he was on the SC?

-successful politician CA district attorney, attorney general and 3x gov. He won both the Rep. and Dem. gubernatorial primaries simultaneously -very sincere, warm, and well-liked

Why did the decision in Brown have to be unanimous?

-the closer the split the more likely the South would respond with open defiance

Because Brown's opinion stated the clock could not be turned back, it gave a direct answer to:

-the constitution must be interpreted in light of current conditions to accommodate current needs -changing the meaning of the constitution happens relatively often but this did happen to be one of the biggest changes to a long held precedent

When and why would the court speak through the chief justice?

-when their prestige is on the line or the case is controversial like Brown

Four ways to deal with Communists

1. Federal Smith Act 2. Federal Loyalty-security program 3. congressional committees- HUAC and SISS 4. State HUAC committees and loyalty oaths Criminal sanctions could only reach those who were members of the communist party after 1948 Created a chilling effect and made socialists, former communists, travelers or really liberal democrats fearful of saying anything that may cost them their job

What were the court justices' opinion on how Brown I should be remedied?

1. Marshal: wanted to separate kids by class in school assignment. He was also willing to limit relief to the named plaintiffs but said it should not wait past a year 2. Frankfurter: wanted to be a statesman about it and liked the idea of gradualism to create a new social order 3. Black and Douglas: wanted token desegregation now but went along with what the others wanted

What two things did Warren's opinion in Brown make clear and what was left unclear?

1. School segregation was unconstitutional 2. the original understanding of the 14th amendment had nothing to do with the holding unclear: the legal reasoning, they leant a lot on sociology and psychology not legal reasons

What were the questions of the remedy for Brown I and II?

1. Who was entitled to the relief to be granted? 2. What options would be left of the school administration? 3. When would the remedy begin, and if it were not immediately complete, how long would it take? 4. What institution would order and supervise the remedy?

Plessy v. Ferguson did 3 things:

1. found separate but = facilities to be fair under the 14th amendment's req't of = protection under the law 2. Denied that law could change attitudes- left racial issues to the states 3. legislatures and courts could act with act on the est. usages, customs and traditions of the people to promote their comfort

Why was the NAACP and its Legal Defense Fund vulnerable after the Brown decisions?

1. highly unpopular and not deemed part of the community 2. Many states were experimenting with ways to rid themselves of the Communist Party which they then applied to the NAACP 3. the LDF openly solicited for clients and states were trying to make this illegal (b/c it was unethical) while this was going on the NAACP and its LDF was unable to initiate law suits against districts refusing to desegregate

What are the legal issues of sit ins? (split into 2)

1. if the relevant law req'd the business to refuse service to AA, then the decision to arrest flowed from state law and the case was classic racial discrimination, and the Court would reverse 2. If there was no applicable state law that req'd the segregation then the decision to have the demonstrators arrested was a decision of the business manager and the unwanted individuals were committing a trespass. The rights of the property owner were on the side of the ledger w/ the right to demonstrate and to be free of racial discrimination

Lawful means that kept desegregation from happening in the South

1. pupil placement 2. free transfer from any school to another school where you were a majority 3. private schools 4. abolish public schools completely 5. Make it criminal to teach at an integrated school

Griffin v. Prince Edward County

10 years after Brown, which this school was named in, there were still no black students in public schools w/ whites b/c there was no public schools a private school system had been est. for whites and they were given tuition from the state to attend Justice Black said the time for "deliberate speed" had run out and the state must ensure that AA go to public edu. for one of the only times, the court levied a tax to reopen schools

Freedom Summer Voting Rights

1963-'64 civil rights groups focused on getting black people registered and to the polls. They went to the south in the summer to try and register people. 3 people were killed during this time. No one was ever able to get anyone to register but they had the register fro the Freedom Summer democratic party so people would get excited to vote and prove it wasn't just that black people weren't interested in voting, something else was going on (violence obvs)

Bates v. Little Rock

A Bennet Ordinance was a municipal requirement in Arkansas that all orgs operating in a city provide a list of members and contributors to determine whether the org was entitled to an exemption fr. a business licensing tax Daisy Bates, head of her NAACP chapter, refused and was arrested. The SC overturned her conviction SC said you have the right to association and if there is a threat it must be reviewed under close scrutiny and state must have compelling state interest Comes after NAACP v. AL, but same ruling

Peters v. Hobby

A challenge by Dr. John R. Peters to the Public Health Service, to the finding that there were reasonable grounds for believing him disloyal 4 aspects stand out: 1. he was not a communist 2. he had never been a communist 3. he did not know the charges against him 4. he did not know the source of the charges the perfect case for dealing w/ the procedures of the domestic-security program Dr. Peters went thru 2 hearings w/ tons of evidence and testimony saying he wasn't a communist and then the Loyalty Review Board was like nah he's not trustworthy SC ducked the constitutional questions and said that under the relevant Executive Order the LRB couldn't conduct a "post-audit" review on its own and its decision was ordered expunged w/o hidden informants and charges, the domestic-security program would have ground to a halt

Communist Party v. Subversive Activities Control Board

A challenge to the SACB about its order that the communist party register as a communist action organization that would trigger the disclosure and disability provisions of the McCarran Act 3 ex-communist witnesses who testified before the SACB were found to have perjured themselves in other proceedings against Party members and now there was a question of what to do about it? Frankfurter's opinion remanded the case back to the SACB to make sure the decision rested on untainted evidence

Galven v. Press

A resident alien for over 3 decades, but ordered to deport b/c he joined the Communist Part in 1944 (when it was legal to do so) and left the party in 1946 (4 years before the McCarran Act which made any prior Party membership by a resident alien grounds for deportation) Made 2 arguments -The McCarran Act must be construed to require the member knew of and supported the unlawful aims of the Party -The act was unconstitutional Frankfurter's majority disposed of both arguments by saying Congress did not intend a req't of "knowing" membership and congressional power over aliens was held to be unqualified by prior courts Black and Douglas dissented but had an air of resignation

Boynton v. Virginia

AA law student taking the bus from D.C. to AL, he went into a white-only restaurant for service at a stopover at the Trailways terminal. He was convicted for refusing to leave Found that the Interstate Commerce Act req'd all facilities of interstate transportation to be free of discrimination. If the bus could not be segregated, neither could the terminal. *Led to the freedom rides, they wanted to see if Kennedy admin would uphold the ruling and prod the justice dept. into enforcing the law of the land*

McNeese v. Board of Education

AA students claimed they were illegally being segregated w/in a school Douglas wrote that exhaustion of administrative remedies was not a federal req't to bring suits under the foundation of all desegregation

NAACP v. Alabama

AL put the NAACP out of business fr. '56-'64 by claiming the NAACP was violating state law by doing business w/o registering. The NAACP was enjoined and the judge ordered them to hand over its records and membership list and the NAACP refused and the NAACP filed suit. SC ruled the right to association for the advancement of beliefs and ideas is protected by the Due Process Clause and even "unintended" abridgments should fall under close scrutiny so unless AL had as subordinating interest which was compelling then this was wrong AL SC reaffirmed its ruling then the SC reversed it again. this happened a few more times but finally the AL SC yielded

How did LBJ pass the Civil Rights Act of '64?

After Kennedy was assassinated, LBJ used his legacy to say he was a civil rights champion (even tho that wasn't necessarily the case) and the best way to honor him was to pass the bill. In Feb. '64, the bill passed the house, but got to the Senate and was filibustered (longest in history). LBJ refused to compromise and created a stronger Civil Rights Bill. He courted the democratic floor leader and together they strong armed the democrats The Act passed the senate 73-27, 21 dissenters being southern democrats For once the court was backed by virtually every non southerner politician in the US

What happened in the three years after Brown, what was the response in the form of desegregation?

Almost no one for 3 years after Brown desegregated. Some states completely disregarded Brown, (TN, TX, AR and NC saw Brown as law but did as little as possible to desegregate)

What was the first Freedom Ride like?

Birmingham KKK made a deal w/ Public Safety Commissioner "Bull" Connor that the Klan could attack the freedom riders for 15 min. before the police would step in. this resulted in Kennedy being forced to pressure the Interstate Commerce Commission into adopting regulations to force compliance with Boynton

Immediate Reactions to Brown II

Brown II said local conditions were a primary concern, but gave local people authority to evaluate them. This was combined w/ no timetable requirements. The South saw this as a victory and were happy with the overall result. "not suit the extremists, but we think most reasonable people will agree with it."- equates white supremacists with the NAACP

Black v. Cutter Laboratories

CA SC affirmed the right of a unionized employer to dismiss a union official under the "just cause" provision of a collective bargaining agreement simply for current membership in the Communist Party, which the employer had known about for 2 years prior The majority didn't want to take the case and stated it had no particular importance This case marked beginning of Warren moving to join Black and Douglas in his voting pattern Then when Brennan joined the court he joined the trio, shifting the balance of the court in the domestic-security cases

Hannah v. Larche

Civil Rights Commission had received complaints from LA AA they were being denied the right to vote. The Commission had subpoena power but not power to indict. Under commission rules, subpoenaed witnesses would not know the specific charges against them or the identity of the accusers the LA attorney general on behalf of state voting registrars challenged the rules of violations of the due process of law Warren said due process was elusive and flexible and these proceedings looked fair enough

Cole v. Young

Court held federal statutes limited summary dismissal of civil servant employees on loyalty grounds to those employees who had access to sensitive information

Burton v. Wilmington Parking Authority

Court held that a restaurant operating under a lease in a public-parking authority in Delaware was so intertwined with the financial success of the authority that action by the lessee-restaurant was in action by the authority itself. Since the authority as a public entity could not discriminate, neither could the restaurant. Showed the court would strike at segregation whenever it felt able to do so

Southern Manifesto

Drafted by Thurmon, Byrd and Russel (southern democrats). Claimed: 1. Brown was an abuse of judicial power encroaching on the legislative function 2. SC went for power instead of following the law 3. SC abandoned the constitution 4. the South was following the law and would do everything in their power to reverse Brown, including interposition Signed by 101 of 128 men representing the South in Congress (did not include LBJ and Sam Rayburn) Used to make definace of the Court and Constitution socially acceptable in the SOuth

Why was Brennan chosen for the court?

Eisenhower wanted a Catholic who was a conservative democrat with prior judicial experience to show how nonpartisan he was in the upcoming election Attorney Gen. Brownell picked Brennen, but should have known he was actually liberal

Gibson v. Florida Legislative Investigating Committee

FL wanted to see NAACP list to make sure there wasn't any supposed communist infiltration. The custodian of the list refused to bring it but agreed to answer questions from his memory. he was held in contempt of court the legal question was whether or not the state could show their interest overrode the right of association Court decided FL did not have enough of a compelling state interest and no evidence of a relationship between the communist party and the NAACP. Goldberg walked a line of trying to protect the NAACP and not overruling all the legislative-investigation cases that were going on at the same time

Aftermath of Cooper v. Aaron

Faubus closed Little Rock Central High (but let football keep playing) -- Faubus later reelected in '58 and was put on a poll of the most admired men in the world This was a complete defeat of the SC values, they went silent on desegregation b/c they were fearful anything they said would be ignored

Little Rock 9 Summary

Federal district judge over Little Rock, AR ordered 9 black students to attend Little Rock Central High School in 1957 -1st day, the kids stayed home b/c they were scared -2nd day they went but the nat'l guard prevented them from entering this went on for two weeks Faubus (gov. of AR) spoke with Eisenhower but nothing came of it. a judge ordered the nat'l guard removed but the kids were still in danger and the day after had to be snuck out the school for their own safety. so Eisenhower used the 101st airborne to escort the kids inside and keep them safe and a federal judge Those 9 kids went through hell and one was expelled

Edwards v. South Carolina

First mass-demonstration civil rights case decided by the courts 187 high school and college students were convicted of disturbing the peace after picketing a capitol peacefully. They were warned and the arrested Stewart's opinion showed this was a clear case and it was a perfect exercise of their first amendment right

Brown II ended up including what?

Frankfurter changed "at the earliest practicable date" to "all deliberate speed." -decree was limited to the parties to this case, so the court was willing to accept token desegregation later --short opinion, only 4 pages, and was designed to avoid provoking the South

What did Thurgood Marshall do and what was his argument in Brown v. Board of Edu.

He brought the Brown v. Board of Edu. into the SC and argued not that things were un= (b/c it was too tedious and subjective). He instead argued even if schools were perfectly equal they still violated the equal protection laws under the 14th amendment b/c of what this did to the children socially and psychologically.

Eisenhower's thoughts on desegregation?

He refused to use federal force to back up desegregation in the beginning He did not back the moral or political authority of Brown and was furious he put Warren on the SC

Loyalty Oaths

If you had a state job, you had to swear a loyalty to the US. The idea was no true communist could do such a thing.

What happened in Birmingham?

In '63 MLK was determined to force the civil rights issue and picked Birmingham as his target b/c it was one of the most systematically segregated places in the South and Bull Connor was its Public Safety Commissioner On the kick of day (Good Friday), King was ordered not to march, but he did anyway and spent a week in jail where he penned "Letter fr. a Birmingham jail." King was still unable to march after he was released so he had school children march so he would not lose this battle. (Children's March) The children were then faced with brutal violence fr. police and this was broadcasted across the nation which is what King wanted. It was horrific to watch

Jencks v. US

Jencks, a president of a "communist-dominated" union filed a requisite Taft-Hartley noncommunist affidavit so the union could avail itself of the federal labor laws but 2 gov't witnesses testified that Jencks was a commie, but when the witnesses and files were called into question, the judge denied the motion to review it and convicted Jencks of perjury The Court decided that if the gov't did not want to give up the info. they had on Jencks that was fine, but they must dismiss the prosecution

After Birmingham, what was Kennedy's response?

Kennedy was stunned by the atrocities of the South and he took to the airwaves to express his disgust. He ordered the Justice Dept. to draft a strong civil rights bill and he promised to send it to Congress A week later it was on capitol hill

Democratic National Convention of '64

LBJ wanted nothing but praise for himself at this thing, but the MS freedom democrats wanted their seats that were voted for. LBJ got Humphrey to try and strike a compromise, and the compromise was for the freedom democrats to get two seats, that's all. The Freedom Democrats rejected the 2 seats and this compromise. This left a lasting effect on the civil rights movement b/c they realized they couldn't really trust white liberals

Lassiter v. Northampton Board of Elections

Lassiter attempted to register to vote but refused to read part of the constitution. When she was denied registration she sued on the ground that the literacy test violated her 14, 15, and 17 amendment there were no facts that the literacy test was discriminatorily applied. Douglas ruled in favor of Northampton b/c the literacy test was reasonable: race neutral, related to the desire to raise voter standards and w/o evidence that it was discriminatorily applied

Walker v. Birmingham

MLK conviction of the march in '63 is upheld the majority opinion talks about the importance of the rule of law and following judicial law. It lectured MLK on the rule of law but by this point in time the SC was seeing demonstrations turn into riots Sent a message: *if you don't play by the rules, we won't protect you*

at the end of the '60s what big moves are happening?

MLK is assassinated in April of '68 Robert Kennedy is assassinated in LA You see the tet off in Vietnam and the US was not winning the war people were afraid the best of the Americans were going to be killed Soviet tanks roll into Prague Richard Nixon is president of the US

Selma, Alabama

MLK wanted to do a march from Selma to Montgomery. 600 demonstrators got to the bridge and on the other side was Sheriff Clark and people with gas masks. The demonstrators were told they'd have 5 minutes to get off the bridge, they were given 15 seconds before dogs were after them, hit with bull whips, rubber tubing with hard wire, one guy was beaten to a pulp *known as Bloody Sunday* That night the scenes were broadcasted across the nation, people were incensed Whites walked to Selma to join the march the second time around and it was a huge success after the march, a woman was driving back some demonstrators to Selma, they were all killed

Watson v. Memphis

Memphis argued the desegregation of city parks must be done slowly Court said that only school take the benefit of Brown II and every other facility was req'd to desegregate now

Barsky v. Regents ('54)

NY punished an uncooperative HUAC witness Dr. Barsky who headed the Joint Anti-Fascist Refugee Committee, a communist front group. -Barsky and others were ordered by HUAC to produce records of receipt and disbursement of funds of the AFRC; they refused and unsuccessfully challenged the constitutionality of HUAC -Court refused to hear the case and Barsky suffered 6 mo. In jail and 6 mo. Banned fr. his medical practice after NY licensing authority used his federal conviction to lift his state license The Court affirmed the decision to suspend his license, the majority said the practice of medicine was a privilege not a right and NY could do what it deemed appropriate Douglas argued that his medical license had nothing to do w/ who he supported in Spain's civil war, Black agreed and said this was a violation of the 1st amendment, Frankfurter said it was a violation of due process of law

Pennsylvania v. Nelson

Nelson convicted under PA law of sedition, he was a second-string communist party leader 46 other states had a similar statute, the SC held that the Federal Smith Act preempted, voided, state sedition acts Reaction: how are the states going to stop the commies and protect its own state and this looked like a victory for the communist party

What were the private and public needs mentioned in Brown II?

Private needs of the plaintiffs were their constitutional rights Public needs of the schools and white children were administration, transportation, personnel, revision of school districts and attendance areas

Goss v. Board of Edcuation

Set aside a transfer plan that allowed students who were the racial minority to switch to a school where they would be in the racial majority, but not the other way around Court ruled the policy was just to perpetuate racial segregation and all deliberate speed was not a good enough excuse for delay

The Citizens Council

Started by Tom Brady- basically an upscale KKK or Country Club Clan --would exist w/in a community and they were white business men who if the black people started agitating for civil rights, they would arrange to have them all fired or loans would be called in. They used *economic coercion.*

SNIC

Student nonviolent coordinating committee was run by Bob Moses, but he stepped down and Stokey Carmichael stepped up and took leadership Carmichael kicked out all the white people and said they were treasonous-- he came up with the term and idea *Black Power* MLK did not believe this was a good move, did not want to alienate white people race riots broke out and in the summer of '67 the worst riots were in Newark and Detroit- this comes after Carmichael is replaced by H. Rat Brown who is into black power as guerilla warfare against whites

Why did direct action pick up?

The NAACP and LDF was being held up in the courts by new state litigation. Southern law was paralyzing it

What happened to the civil rights movement when the Citizens Council began?

The civil rights leaders were now ministers b/c they could not be fired. You have a shift from the NAACP to the Southern Leadership Conference.

What did Brown and Brown II never define?

The court never defined if segregation was the separation of races by the law or just if it just meant single-race schools. Instead they focused on timing

Private Schools (in relation to desegregation)

There were no trad'l private schools in the South, but they started some Called segregation academies The state would give tuition to white kids to go to these schools

After the civil rights act of '64 is passed what happens in the SC?

They hear two cases that challenge the constitutionality of the Act Heart of Atlanta Motel v. US Katzenbach v. McClung

How were mass demonstrations helping the civil rights movement?

They were garnering media attention and making the South look really bad to the North. Made the North understand how violently African American people were being treated and by making them look at these scenes, they were more involved in getting legislation passed to stop this

Why did the Court begin their decisions with graduate schools then move to state schools?

Thurgood Marshall began with graduate schools b/c he knew that in this point of someone's life they know they will not mix with other races and he knew southerners would be more open to that. People in the South believed if you mixed children early in their childhood they may date each other or be friends

Federal Loyalty-Security Program

Tried to rid federal gov't of communists through the Attorney General's list- a list of communist and communist dominated organizations (271 were listed) if you were a federal employee and part of any of these organizations you could be fired the premise was that they were going to commit espionage or treason also could be used in private sector

Ullmann v. US

Ullman worked at the Treasury Dept. and was fingered to be part of an espionage ring. He plead the fifth and when the gov't granted Ullman immunity fr. prosecution the judge ordered him to answer questions b4 a grand jury but ullman still refused Frankfurter for the majority said immunity from prosecution was a fair forced-trade for the fifth amendment privilege

How did Brown I deal with the remedy of the desegregation of schools?

Usually when a constitutional claim is successful, the right is available immediately. -Brown's last paragraph made no command for specific relief and an argument was ordered on what would constitute a proper remedy. -"all deliberate speed" meant delay, but the question was how much? -The court was split not about what was right, but what would work and not end in violence or the South deliberately ignoring the decision -Jackson wanted a decree that would set standards both to avoid further litigation and dragging the court into contempt and discredit and Black knew nothing they would do would really matter to stop the South from being mad babies

NAACP v. Button

Virginia was attempting to curtail the way the NAACP and the LDF was handling litigation by soliciting clients to back a case They didn't like that the NAACP was litigating cases, financing them and controlled by the lawyers instead of the named plaintiff so they tried to add provisions *this stopped the NAACP from dismantling segregation through litigation.* The court decided this was a first amendment right and Virginia was asking too much and they had no compelling state interest

When and what were the circumstances for Warren joining the Court?

Warren joins the Court after Vinson dies b/c Eisenhower had promised him the first opening on the SC prior to being elected president (he didn't mean the chief justiceship, but... it happened anyway)

Mesarosh v. US

Warren vacated the Mesarosh conviction after the gov't released that a paid informer who testified against him committed perjury, but the gov't was asking a trial judge to determine if a new trial should be granted They said no and the dignity of the gov't would not permit the conviction of a person on tainted testimony

What were some of the first/biggest direct action movements?

Woolsworth lunch counter sit-ins and the Freedom Rides as well as general marches and things

Aderly v. Florida

a demonstration by FL A&M students outside a jail gets them convicted. sheriff says they were trespassing. Black upholds conviction. These civil rights protestors had to do what the custodian of the property told them to do. This comes after some of the worst riots in American History-- Watts Riot, the whole place basically burned to the ground in the summer of '65

March on Washington

a quarter million Americans, black and white, came together to sing, pray and give speeches the place where MLK gave his famous "I have a dream," speech

HUAC and SISS

both engaged in commie hunting the put witnesses on the stand and then asked if they were or have ever been part of the Party - If Yes: you were asked to name your communist friends -If No: tried for perjury b/c the committee knew you were or had been -If you plead the 5th: know as a fifth amendment commie HUAC became a mini court and was branding people communists. There was an issue of separation of powers b/c it was acting like a court in the legislature

Heart of Atlanta Motel v. US and Katzenbach v. McClung

came 3 months after the Civil Rights Act was passed Heart of Atlanta was never in question b/c it rested on the civil rights cases to see if Congress could reach "private" nonstate actors in its enforcement capacity. The '64 act rested squarely on Congress's power to reach private actors as part of the regulation of interstate commerce The McClung case was more difficult b/c it was asking whether or not AA can be discriminated against in a restaurant constitutionally? The Court ended up applying the public- accommodation provision. The provision not only covered interstate commerce but commerce that had traveled as interstate commerce.

McCarran Internal Security Act

congress overrode a presidential veto to pass this, it would force every communist organization to register wtih the subversive activities control board whereupon the individual would be banned from gov't, defense or labor union employment also authorized the reactivation of WWII detention camps to hold supposed spies and saboteurs during any nat'l emergency declared by the president *made it illegal to be a communist party member for the first time*

Montgomery Bus Boycott

in '55, Rosa Parks refused to give up her seat on the bus, which started the Montgomery Bus Boycott which lead to Gayle v. Browder that ruled Montgomery's segregation was unconstitutional

Hamm v. Rockhill

last sit-in case decided by the SC there was no local ordinance that req'd the store to refuse service at its lunch counter, but there was no state law that the court could latch on to suggest the case be reversed They gripped onto the Civil Rights Act itself, Clark concluded the act should be construed to wipe out convictions still pending in the courts and Clark held that since Congress had the acknowledged power to wipe out federal convictions, it could do the same with state convictions with the Supremacy Clause.

Smith Act

made it criminal to advocate the overthrow of the US gov't by force used against leadership of the communist party

1956 docket (in terms of communist cases) explored what?

perjury, they took 12 cases involving communists and all were decided against the gov't with the help of Brennan's fifth vote

What tone did Warren use to write the Brown opinion?

short, readable and non-rhetorical, unemotional and non accusatory so he could persuade as many southern whites as he could.

what happened in the courts in '63

the SC returned back to school desegregation b/c of their impatience due to lack of results They decided: Watson v. Memphis Goss v. Board of Edu. McNeese v. Board of Edu. Griffin v. Prince Edward County

How did the Nelson and Slochower decisions help the southerners?

they gave them allies against the court in national security conservatives New attack on court had 3 strands: -justices went the extra mile to protect communists -justices undermined the states -the justices just weren't good lawyers