130 Race and Education
Older battles over racial exclusion also confronted postwar American society. One long-simmering struggle targeted segregated schooling. Since the Supreme Court’s decision in Plessy v. Ferguson (1896), black Americans, particularly in the American South, had fully felt the deleterious effects of segregated education. Their battle against Plessy for inclusion in American education stretched across half a century when the Supreme Court again took up the merits of “separate but equal.”
On May 17, 1954, after two years of argument, re-argument, and deliberation, Chief Justice Earl Warren announced the Supreme Court’s decision on segregated schooling in Oliver Brown, et al v. Board of Education of Topeka, et al. The court found by a unanimous 9-0 vote that racial segregation violated the Equal Protection Clause of the Fourteenth Amendment. The court’s decision declared, “Separate educational facilities are inherently unequal.” “Separate but equal” was made unconstitutional.
Decades of African American-led litigation, local agitation against racial inequality, and liberal Supreme Court justices made Brown v. Boardpossible. In the early 1930s, the National Association for the Advancement of Colored People (NAACP) began a concerted effort to erode the legal underpinnings of segregation in the American South. Legal, or de jure, segregation subjected racial minorities to discriminatory laws and policies. Law and custom in the South hardened anti-black restrictions. But through a series of carefully chosen and contested court cases concerning education, disfranchisement, and jury selection, NAACP lawyers such as Charles Hamilton Houston, Robert L. Clark, and future Supreme Court Justice Thurgood Marshall undermined Jim Crow’s constitutional underpinnings. Initially seeking to demonstrate that states systematically failed to provide African American students “equal” resources and facilities, and thus failed to live up to Plessy, by the late 1940s activists began to more forcefully challenge the assumptions that “separate” was constitutional at all.
Though remembered as just one lawsuit, Brown consolidated five separate cases that had originated in the southeastern United States: Briggs v. Elliott (South Carolina), Davis v. County School Board of Prince Edward County (Virginia), Beulah v. Belton (Delaware), Boiling v. Sharpe(Washington, D. C.), and Brown v. Board of Education (Kansas). Working with local activists already involved in desegregation fights, the NAACP purposely chose cases with a diverse set of local backgrounds to show that segregation was not just an issue in the Deep South, and that a sweeping judgment on the fundamental constitutionality of Plessy was needed.
Briggs v. Elliott had illustrated, on the one hand, the extreme deficiencies in segregated black schools. The first case accepted by the NAACP, Briggsoriginated in rural Clarendon County, South Carolina, where taxpayers in 1950 spent $179 to educate each white stu