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

An illustration of the U.S. flag on the shape of the U.S. with blue and red figures of people across it.

Every state has its own constitution.

How State Constitutions Became the Battleground for American Rights and Liberties – on Both the Left and Right

Beyond picking governors, state legislators, local officials and representatives to serve in Congress, voters in almost every state this year will have the opportunity to amend the language of their state constitution. In one state, they could potentially rewrite the constitution altogether.

Though the U.S. Constitution is rarely amended, voters frequently amend their state constitutions. In every election cycle, voters are asked to ratify constitutional amendments.

Keep ReadingShow less
The Unscrupulousness of AIPAC

Israeli Prime Minister Benjamin Netanyahu addresses the American Israel Public Affairs Committee's annual policy conference at the Washington Convention Center March 6, 2018 in Washington, DC.

(Photo by Chip Somodevilla/Getty Images)

The Unscrupulousness of AIPAC

After AIPAC failed to defeat El-Sayed in the Michigan Democratic Senate primary—after spending $32 million—it said that it remains committed to defeating El-Sayed and his "radical, anti-Israel" agenda in the general election. Which means it is poised to sink tens of millions of dollars in supporting Republican Mike Rogers. It also said that Haley Stevens, his opponent, had presented "an authentic Democratic agenda." Meaning that El-Sayed did not? And they think that Mike Rogers, a MAGA Trump supporter, does compared with El-Sayed?

How can AIPAC say that El-Sayed does not present an authentic Democratic agenda when his socialist stance is much more in line with the principles stated in the Declaration of Independence than most centrist Democrats'? And making it sound like AIPAC cares about an authentic Democratic agenda is deceitful, when in the same breath they make clear that they will support Mike Rogers, a Trump lackey, in the general election.

Keep ReadingShow less
Scientists Warn of Deepening Federal Attacks on Research
silhouette of person using microscope

Scientists Warn of Deepening Federal Attacks on Research

Scientists and the federal government have been close partners since World War II. A landmark report by President Truman’s chief science advisor laid out a vision for government research that shaped eight decades of federally funded science. That vision is now at risk. In principle, the Trump administration has supported scientific research with its own vision for a new “golden age of science.” But in practice, the administration has upended the relationship between the government, researchers, and their institutions. The changes have alarmed working scientists and their allies, who have protested in record numbers.

In July, I moderated a webinar on “Rewriting the Rules: What’s happening to public science?” (read the transcript here). The webinar was co-sponsored by NAPA, CODE, and the Bridge Alliance, with Dr. Aaron Carroll of AcademyHealth, Dr. Chris Marcum of the Federation of American Scientists, Dr. Gretchen Goldman of the Union of Concerned Scientists, and Dr. Maryam Zaringhalam of the Center for Open Science. I also interviewed Cole Donovan of the Stand Up for Science Foundation by email.

Keep ReadingShow less
Democratic Party Suicide
a piece of paper cut out of the shape of a donkey
Photo by Kelly Sikkema on Unsplash

Democratic Party Suicide

A recent New York Times article, "Moderate Democrats Prepare for 'War' Against an Ascendant Left," describes a disturbing perspective among mainstream, moderate, centrist Democrats. It is disturbing for many reasons.

First, there is the practical impact. If indeed mainstream Democrats attack socialist Democrats in a sustained, organized manner, there is only one possible result: the defeat of the Party in 2026 and the renewed vigor of Trump and his MAGA allies. Especially when combined with the all-out effort that AIPAC will mostly take to support Republican candidates running against Democratic candidates who are socialists. (See my article, "The Unscrupulousness of AIPAC.")

Keep ReadingShow less