Skip to content
Search

Latest Stories

Follow Us:
Top Stories

A Republic, if we can keep it

Part XV: Brown v. Board of Education at 70

Black children entering a school

Black children arrive for class at the segregated Buchanan Elementary School in Kansas,, prompting the legal suit known as Brown vs. Board of Education.

Carl Iwasaki/Getty Images

Breslin is the Joseph C. Palamountain Jr. Chair of Political Science at Skidmore College and author of “A Constitution for the Living: Imagining How Five Generations of Americans Would Rewrite the Nation’s Fundamental Law.”

This is the latest in a series to assist American citizens on the bumpy road ahead this election year. By highlighting components, principles and stories of the Constitution, Breslin hopes to remind us that the American political experiment remains, in the words of Alexander Hamilton, the “most interesting in the world.”

American history is replete with paradigm-shifting, landscape-altering, game-changing moments. Brown v. Board of Education is one of them. Little of what we knew or understood before May 17, 1954 — 70 years ago next month — resembles what came after. Good thing.


Dismantling America’s system of educational apartheid was long overdue. The stigmatization of Black children as inferior to, or lesser than, white children was more than enough to call into question the moral currency of segregation. The Supreme Court would finally call that question in the Brown case. Separating schoolchildren based on race, Chief Justice Earl Warren argued, “affects the hearts and minds [of Black children] in a way unlikely ever to be undone.” We cannot abandon an entire race, he said. State-authorized and legally sanctioned stigmatization can no longer endure.

The court’s simple and profound declaration that the Constitution “neither knows nor tolerates” racial separation was as manifest as it was magnificent. It has been reverberating ever since.

It is certainly true that desegregation was slow in coming on the heels of the Brown decision. It is equally true that de facto school segregation persists. Still, Brown managed to accomplish something essential to a free society. It gave legitimacy and force to an ideal — an Enlightenment ideal that “all men are created equal.”

America needed that. It needed a reminder that a first principle of the republic — equality — was rotting. There was no equivocation on the part of the unanimous court. In unison, all nine justices drifted to the correct corner of the moral universe. To come from the most respected of governmental branches helped — it had the feel, for progressives at least, of a commandment. The court’s unassailable voice made a difference.

Brown emphasized the benefits of classroom diversity. “We must look to the effect of segregation itself on public education,” Warren proclaimed. Segregation has a devastating effect on African-American children, he insisted, but it also robs white children of the “intangible” ability “to study, to engage in discussions and exchange views” with students from other races and dissimilar backgrounds. We can draw a direct line from Brown to the affirmative action cases, which (until Students for Fair Admissions v. Harvard) insisted that classroom diversity was a “compelling state interest.” We can draw a direct line from Brown to the noble efforts around race-integration busing. We can draw a direct line from Brown to the diversity, equity, inclusion and belonging (DEI/DEIB) initiatives at most of America’s secondary and post-secondary schools.

Brown forced a fundamental realignment of the judicial appointment process. Before Brown, presidents nominated judges for their intellect, wisdom and judiciousness. Enter Oliver Wendell Holmes, Louis Brandeis and Felix Frankfurter. Afterwards, presidents saw that they could advance their partisan agendas through judicial channels. If the NAACP can bypass the traditional democratic branches and win stunning victories in the courts, it is no longer sensible to nominate the most respected legal minds.

Exit Holmes, Brandeis and Frankfurter. Now the goal is to nominate the most politically ideological thinker we can get through the system, the jurist who can best deliver on a particular political platform. Gone are the Robert Borks from the right and the Laurence Tribes from the left. But gone also are the judicial giants — men like William Brennan and Harry Blackmun — who were nominated by presidents of the opposing political party. Impartiality has been replaced by politics, neutrality by partisanship.

Brown’s economic impact is incalculable. The principle of “separate but equal” was always morally dubious, but it was also pragmatically foolish. Studies have exposed the negative economic impact of a segregated America. Prosperity, especially for people of color, is tied to America’s ongoing struggle with de facto segregation. So is mobility. The Washington Center for Equitable Growth says so explicitly: “School integration powers economic growth by boosting human capital, innovation, and productivity, while strengthening the social trust and interpersonal relationships necessary for smoothly functioning markets.”

The enormity of the court’s decision in Brown can never be overstated. Put simply, it is the most important and most consequential Supreme Court decision of the 20th century. It didn’t solve every ailment. Seven decades have passed since the landmark ruling and America still has a race problem. Even so, I suspect almost all of us would prefer to live on this temporal side of the desegregation case. It’s taken a long time — 70 years to reach consensus! But that’s something, and it is most definitely worth celebrating.


Read More

Anti-gerrymandering sign

Anti-gerrymandering sign

Bill Clark/Getty Images

Don't Hold Your Breath Waiting for Politicians or Their Consultants to Fix Gerrymandering

2018, a nonprofit worker in Michigan named Katie Fahey posted a message online asking if anyone else was tired of politicians drawing their own districts. She had no campaign experience and no political base.

Within two years, the ballot initiative she built, called Voters Not Politicians, had written an independent redistricting commission into the Michigan constitution. Hollywood eventually made a documentary about it, Slay the Dragon, which is a fairly accurate description of what she had actually done.

Keep ReadingShow less
Veterans Don’t Stop Being Veterans at the Prison Gate

Veterans often lose VA healthcare, disability benefits, and education access during incarceration, disrupting PTSD and addiction treatment when continuity matters most.

Getty Images

Veterans Don’t Stop Being Veterans at the Prison Gate

A veteran’s PTSD doesn’t disappear when they enter prison. Traumatic brain injuries don’t cure themselves. Addiction doesn't vanish behind bars. Yet many of the systems designed to help veterans manage those conditions stop at the prison gate.

When veterans are incarcerated, they often lose access to VA healthcare, struggle to use education benefits, and face major cuts to disability compensation. The problem is not eligibility. The problem is continuity.

Keep ReadingShow less
Protestors holding signs outside of the Idaho statehouse.

Protesters rally for abortion rights outside of the Idaho Statehouse in downtown Boise, Idaho, on May 14, 2022.

Sarah A. Miller/Idaho Statesman/AP

Idaho Voters Will Weigh In on One of the Strictest Abortion Bans in the Country

Idaho voters will weigh in on their state’s abortion laws this November. The secretary of state’s office certified a ballot measure that could, if passed, overturn one of the strictest bans in the country, the campaign to restore abortion rights in Idaho confirmed on Monday.

The measure would enact a new law establishing a state right to “reproductive freedom,” which it defines as allowing residents to make their own decisions in areas including fertility treatment, contraception and abortion. But it would not amend the state’s constitution, meaning it could still be overturned by the state’s Republican legislature. Currently, Idaho bans abortion in nearly all circumstances, with a narrow exception if staying pregnant threatens someone’s life.

Keep ReadingShow less
People wearing vests with "ICE" and "Police" on the back.
The latest shutdown deal kept government open while exposing Congress’s reliance on procedural oversight rather than structural limits on ICE.
Getty Images, Douglas Rissing

Where Can Immigration Enforcement Take Place?

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

The Origins: The Clinton Administration

Keep ReadingShow less