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Brown V. Board of Education: Caste, Culture, and the Constitution (Landmark Law Cases & American Society)

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When one sees the title "Brown v. Board of Education", it immediately stirs up notions of a Supreme Court case involving desegregation of public schools in America. Robert Cottol, Raymond Diamond, and Leland Ware have given us some of that feel, but not enough in this book.

The book, only 240+ pages to start with, does not even touch on the Brown case (or any of the six cases that collectively were referred to as "Brown") until page 119. The first half of the book is spent exploring the history of segregation in education and in America as a whole. I believe that this is an important topic, but not of enough importance to require half of a book that is supposed to be about this one Supreme Court case.

Aside from the fact that there is little in the book that deals with the case itself (besides the history of segregation in education, there is a substantial section of the book that deals with direct ramifications of ordered desegregation and the reactions of state and local governments to this order), the book is well written. I enjoyed reading the book, but I think that I would refer readers to a broader history of the Supreme Court and interventions in race relations, such as the new Klarman book "From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality" instead of this book.

If, however, one is looking for a consice book that does indeed provide the story of segregation in American education, including the historic decision in 1954 that abolished that segregation, this is a great book to read and understand.

Read this for graduate American history course. This book begins with a brief look at African-American history from slavery to Plessy v. Ferguson and Jim Crow. This history is important to understanding the events that led up to the infamous Brown v. Board of Education case. The authors explain throughout the book not only what the black population endured but also how these events in our nation's history led those involved in the Brown case to feel they finally had a chance at achieving what they had been fighting for. Although this case is known for forever altering American race relations, there were other lesser known and often forgotten cases which paved the way for the Brown decision. Before Mr. Marshall took Harry Brigg's case, Sarah Roberts, Dred Scott, Adolfus Plessy, and Lloyd Gaines had already used the courts to address the issues of segregation and racial prejudices.

Brown dealt with a caste system that dated back to antebellum America. The caste system was developed when the Supreme Court played a significant role in disassembling federal protection for blacks and allowing a system of caste-like restrictions that were to be reestablished and strengthened after Reconstruction (6). Even though the Thirteenth Amendment abolished slavery and allowed Negroes to declare their citizenship, it only heightened the investigation for ways to clearly characterize the inferior status for African Americans.

In 1846 a black printer, Benjamin Roberts, wanted to enroll his five year old daughter,Sarah, in the nearby primary school. However, she was cast out because the school closest closest to her home was an all white school. Benjamin Roberts was required to enroll his daughter in the primary school for colored children, which was farther away. Roberts chose to file suit against the city of Boston on behalf of his daughter (15). The case was tried in the Massachusetts Supreme Judicial Court and was presided overby Chief Justice Lemuel Shaw, who decided against Roberts,believing that the institution is unfair; however, he abandoned
the idea of instantaneous abolition anyway (16).

In 1857, the issue of Negro citizenship was under attack in the case of Dred Scott v. Sanford. It was obvious that the South was against the idea that blacks (free or otherwise) were citizens of the different states and of the United States. Dred Scott wanted the court to decide whether they were going to agree with the North or the South asto whether or not
blacks should be considered citizens. Unfortunately, Chief Justice Roger Brooke Taney chose the southern view (22).

Before Brown v. Board of Education there was Jim Crow which developed a system of rigid separation between blacks and whites in regards to everything (Le. public restrooms, water fountains, separate seating on public accommodations, etc.) (28). This system became state-mandated segregation of which the highest court approved (29). At the same time the
Supreme Court handed down it decision in Plessy v. Ferguson (1896). The Plessy case dealt with a gentleman, Adolphus Plessy, who was arrested on June 7, 1892 for attempting to ride in the first-class coach reserved for white passengers. He was told to move, but he refused and was arrested because of his one-eighth African ancestry (29). Plessy's attorney, Albion Tourgee, argued the same argument that Sumner and Morris argued for Sarah Roberts which was that the Thirteenth and Fourteenth Amendments prohibited forced segregation (31). Justice Henry Billings Brown discarded the claim that the Thirteenth and Fourteenth Amendment prohibited segregation. He also rejected the argument that mandated segregation stigmatized blacks (31).

In the aftermath of Jim Crow and Plessy v. Ferguson the results of the two were essentially the same. The Courts permitted states to treat Afro-Americans separately as long as they received equal treatment (33). It was as if the United States overlooked the word If United" in our country's name. The courts decided the law of the land to allow two different races to be able to exist together while totally separate at the same time which is a complete paradox.

In 1909, the National Association for the Advancement of Colored People (NAACP) was formed. It was an interracial organization that wanted to challenge discrimination through campaigning for all rights of black people, specifically civil, economic and political rights. The NAACP would help those who had been discriminated against by taking on their case and having it tried in the courts. One example is the case of Lloyd Gaines. He was a graduate of lincoln University, Missouri's university for Negroes. He wanted to go to law school; however, the University of Missouri did not admit African Americans (63). Missouri law required Lincoln University to establish a law school if there was enough interest.- The state law also required that the state pay tuition for Missouri's black students enrolled in professional schools in neighboring states if lincoln University lacked the same program. Gaines brought suit which boiled down to the issue being the adequacy of the out-of state tuition scholarship. The Missouri Supreme Court found that the state's scholarship program satisfied the objections and there was adequate funding for the program (63). Gaines' case would continue on in the court system for quite a few years. While he waited, Gaines moved on with his life. He would work temporary jobs, receive a master's degree from the University of Michigan and move to Chicago. Then Gaines mysteriously disappeared. In 1939, his case ended because without him the NAACPcould not pursue the case any further (68). This case much like those before it would all playa monumental role in leading up to Brown v. Board of Education.

The Brown case originated in much the same way as the Roberts case. There were many plaintiffs in the case with the same complaint regarding the desegregation of schools. Once the case began there was no way of knowing the monumental proportions it would reach. Brown v. Board of Education was exceptional in explaining the history up to the case that ultimately
changed our nation's history forever. The authors went into great detail involving each justice, lawyer, and plaintiff dealing with the case.

It was, however, unfortunate that even after the Supreme Court ruled in Brown's favor that it took years to achieve integration in the school systems. The explanation of the relationship Brown had in regards to other racial issues was evaluated in brilliant fashion. The; book ends with a summary of how Brown impacted race relations and how America is still lacking in racial equality today.

My only criticism is that there are a few factual eras regarding the Governors name in Virginia, and some facts about school closings in Virginia.

As a graduate student in philosophy and history, I recommended this book for anyone interested in American history, civil rights era history.

This book looks at the case of Brown vs. Board of Education that outlawed segregation in schools 50 years ago this month. The actual case only takes up several chapters in the middle of the book. What is important is that the book tries to put the case in terms of legal, and societal, context. Chapters leading up speak about the legal challenges to segregation that appeared in the 50 prior years since Plessy v. Ferguson enshrined the doctrine of "separate but equal" in our nation's laws. Because law is built upon precedence, these cases mark the stones on which the group of cases, eventually to be grouped under Brown, would stand. The authors take us inside the Supreme Court and helps analyze the decision making process, and examine the subsequent practices and pitfalls of the implementation of that decision. It is a case that even a half century later the repercussions are still felt in America.

This is not a scintillating read. The focus is on the law and the legal actions leading up to and after the decision. But it is an excellent book to put this event into legal context.