The following is a transcription of the five questions that Justice Felix Frankfurter wrote. The Supreme Court ordered that both sides provide written answers to the five questions before the 1953 reargument. These were taken from Brown v. Board of Education Caste, Culture, and the Constitution written by Robert J. Cottrol, Raymond T. Diamond, and Leland B. Ware. A formal citation for this book is found in the secondary source section of the bibliography.

1. What evidence is there that the Congress which submitted and the State legislatures and conventions which ratified the Fourteenth Amendment contemplated or did not contemplate, understood or did not understand, that it would abolish segregation of public schools?
2. If neither the Congress in submitting nor the States in ratifying the Fourteenth Amendment understood that compliance with it would require the immediate abolition of segregation in public schools, was it nevertheless the understanding of the framers of the Amendment:
   1. that future Congresses might, in the exercise of their power under section 5 of the Amendment, abolish such segregation, or
   2. that it would be within the judicial power, in light of future conditions to construe the Amendment as abolishing such segregation of its own force?
3. On the assumption that the answers to questions 2(a) and (b) do not dispose of the issue, is it within judicial power, in construing the Amendment, to abolish segregation in public schools?
4. Assuming it is decided that segregation in public schools violates the Fourteenth Amendment:
   1. would a decree necessarily follow providing that, within the limits set by normal geographic school districting, Negro children should forthwith be admitted into schools of their choice, or
   2. may this Court, in the exercise of its equity powers, permit an effective gradual adjustment to be brought about from existing segregated systems to a system not based on color distinctions?
5. On the assumption on which questions 4(a) and (b) are based, and assuming further that this Court will exercise its equity powers to the end described in question 4(b)
   1. should this Court formulate detailed decrees in these cases;
   2. if so, what specific issues should the decrees reach;
   3. should this Court appoint a special master to hear evidence with a view to recommending specific terms for such decrees;
   4. should this Court remand to the courts of first instance with directions to frame decrees in these cases, and if so, what general directions should the decrees of this Court include and what procedures should the courts of first instance follow in arriving at the specific terms of more detailed decrees?

Appendix B

1. What do you think of when you hear the term Brown?
2. Does it mean anything to you beyond the color? Beyond the shipping business? (list unusual responses: chocolate, dirt, etc.)
3. What if I said Brown v. Board of Education of Topeka, Kansas?
   If respondent correctly identifies Brown, question further. If the respondent still does not recognize the Supreme Court case, identify it as such and ask about recognition. Once respondent correctly recognizes Brown, question further.
4. What was the case about?
5. What was the result of the decision?
   1. "Separate but equal is not equal." if so, what specific issues should the decrees reach;
   2. ended school segregation
   3. other
6. Can you tell me anything about the case?
   Potential Responses
   Linda Brown, Thurgood Marshall, Orville Faubus, Eisenhower,
   Earl Warren, other
   Supreme Court
   NAACP
   Desegregation, segregation, integration
   busing
   Jim Crow
   Schools, education
   "separate but equal"
   "with all deliberate speed"
   white flight
   resistance
   Little Rock Nine
   other knowledge
7. How do you rank Brown in American history? very important, moderately important, mildly important, not at all important

Thank you for your time.

Primary Sources

Articles

Carter, Robert L. "The Unending Struggle for Equal Educational Opportunity." TCR Summer95, Vol. 96, Issue 4. 14 February 2004 <http://www.tcrecord.org>.
      Carter surmises that, at the fortieth anniversary of the Brown decision, racial discrimination and the dual school system in public schools are commonplace. In 1979, Linda Brown sought the help of the courts in securing for her children the educational benefits that her father had "won" for her in 1954. Carter recalled that the NAACP counsel in the Brown case sought integration as a "means to the objective, not as the objective itself."

Huston, Luther A. "On This Day." May 18, 1954, New York Times 21 February 2004 <www.nytimes.com/learning/general.onthisday/big/0517.html#article>.
      The New York Times carried the Brown decision on their headline, "High Court Bans School Segregation: 9-0 decision grants time to comply." The text of the article summarized Chief Justice Warren's reading of the two opinions, Brown and Bolling v. Sharpe, thereby overturning Plessy in the realm of public education, with a unanimous decision.

Lewis, Anthony. "Since the Supreme Court Spoke." May 10, 1964, New York Times 7 May 2004 <http://pqasb.pqarchiver.com/nytimes/97391049.html>.
      Lewis' review of the ten years immediately following Brown is accompanied by a collection of photographs entitled "The Racial Decade." The twelve pictures in the collection mark twelve distinct chapters of race relations beginning with the May 1954 Supreme Court decision and ending with a protest by whites opposed to school busing. Lewis describes the Brown decision "as the spark of a revolution in American attitudes toward the race problem." He details the civil rights achievements that followed Brown while acknowledging the distance remaining to travel.

Books

Beals, Melba Pattillo. Warriors Don't Cry. New York: Pocket Books, 1994.
      Melba Pattillo Beals was one of the "Little Rock Nine," and this is her personal account of her experiences as a student selected to begin the integration of Central High School in Little Rock, Arkansas. This account reflects the impact of Brown II's ambivalent remedy. Pattillo Beals also poignantly details the horrors that the black students integrating previously all white schools encountered on a daily basis. She sheds light on the exchange these brave students made, sacrificing the familiarity and support of their communities in hopes of both furthering the larger national cause of integration and their own educations. As a young person exploring her place in the world at large Pattillo Beals, and her peers in the "Little Rock Nine," changed a country.

Counts, Will. A Life is More Than a Moment. Indiana: Indiana University Press, 1999.
      Will Counts' photographic journey explores the 1957 desegregation of Central High School in Little Rock, Arkansas. Governor Orville Faubus ordered the National Guard to prevent nine black students from entering the school. President Eisenhower would later order the 101^st Airborne soldiers to protect the students from the threatening encounters awaiting them. These photographs explore the treatment that this group of students, known as the "Little Rock Nine," encountered. Several of the photographs depict one of the "Little Rock Nine," Elizabeth Eckford, being taunted by a white student, Hazel Bryan. Hazel later recalled acting in this manner because "everyone else was." In 1997, Hazel and Elizabeth met and exchanged their memories and feelings as plans were being made for the 40^th anniversary of Central High's integration. Photos from Central High in 1997 show an integrated student body, a distinct change from forty years earlier that represents a positive step towards realizing Brown's legacy.

Evers-Williams, Myrlie, and Melinda Blau. Watch Me Fly. U.S.A.: Little, Brown and Co., 1999.
      Ms. Evers, the first full time chairperson of the NAACP, is also the widow of murdered civil rights activist Medgar Evers. Evers explores and details her life in the movement. The Brown decision came at the same time that her husband was seeking admission to the all-white law school at the University of Mississippi. The strong opposition to Brown from segregationists (who dubbed the day of the decision "Black Monday") was most fierce in Mississippi where they formed the powerful Citizens' Council to fight desegregation. The Mississippi state legislature created the "Sovereignty Commission" to protect the state's "'sovereign right' to a segregated society." In Mississippi it was more than ten years after Brown before one black child enrolled in a white school. Following the Brown decision, blacks encountered increased violence including lynchings.

Greenberg, Jack. Crusaders in the Courts. U.S.A.: Basic Books, 1994.
      Greenberg's autobiography provides an invaluable, firsthand account of the school desegregation cases from one of the key players. Greenberg details not only the historical facts surrounding the desegregation cases but provides keen insight from his personal perspective as one of the NAACP LDF attorneys that argued before the Supreme Court. He discusses the development of strategy, from the pursuit of equalization in higher education to the legal assault on segregation itself in public schools. He also sheds light on the aftermath of Brown from his position as the lead counsel of the LDF following Thurgood Marshall and into the 1980's. He includes photographs to further illustrate the events of his life.

Lewis, John, and Michael D'Orso. Walking With the Wind. New York: Simon and Schuster, 1998.
      Congressman John Lewis' autobiography describes the life of a black man who came of age in the wake of Brown. He was fourteen and finishing his freshman year in a segregated high school when the decision was rendered. Shortly after Brown II in 1955, the hope and excitement Lewis felt after the 1954 opinion had been vanquished by the reality of life in Alabama where violence against blacks increased and his school situation went unchanged. Lewis looks at 1955, the year of Brown II, as a "watershed" for the larger civil rights movement. Personally, the year and a half following Brown served to make Lewis feel foolish for having believed the promises of equality would be fulfilled. Still, the decision served as a catalyst, an opening step for the civil rights movement. Lewis recalls that the first Freedom Ride had been planned to culminate on May 17^th, 1961 to coincide with the Brown anniversary.

Martin, Waldo E. Jr., editor. Brown v. Board of Education; A Brief History With Documents. Boston: Bedford/St. Martin's, 1998.
      This collection of primary source documents includes newspaper editorials, letters to editors and political cartoons with accompanying commentary centered on the reaction to the Brown decision. The documents in the collection represent a wide range of viewpoints, regions and publications. The viewpoints run from supportive to antagonistic. The regions include New York City, Atlanta, Pittsburgh, Jackson, Mississippi, Arkansas, Los Angeles and Boston. The publications include the highly regarded New York Times, Boston Herald, Los Angeles Times and Chicago Sun Times; black newspapers such as the Pittsburgh Courier, Chicago Defender and the Atlanta Daily World; white college student papers from the University of Virginia and the University of Mississippi; and southern white newspapers such as the Atlanta Constitution, Arkansas Gazette, Jackson (Mississippi) Daily News, and the Washington Post Times and Herald. Other documents include The Southern Manifesto of March 12, 1956. From these documents it becomes apparent that the Brown decision was the focus of national attention eliciting strong emotions and opinions, both positive and negative.

Patterson, James T. Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy. New York: Oxford University Press, 2001.
      Patterson's book contains numerous photographs and reprints of political cartoons concerning Brown. One example is the photograph of President Johnson signing the Civil Rights Act of 1964 that was assisted into realization by Brown. Patterson analyzes the sentiments of various social groups surrounding the Brown decision. Desegregation advocates were certain that the integration of public schools would allow the American dream of equal opportunity to become reality. This certainty was based on the influential role of education. In 1947, President Truman's Committee on Civil Rights had argued that a great deal of evidence existed stating that an environment favorable to civil rights will happen when diverse peoples are allowed to work and play together. Thurgood Marshall viewed segregation to be as equally damaging as inequality as it did not allow blacks in the South to even have a glimpse of their potential. Marshall further thought that schools were the best target for integration due to the influential role of education, therefore, schools became the targets of litigation. Many whites feared that integration in education would lead to interracial dating and marriage. The Brown decision reached far beyond schools as it served to motivate other rights conscious groups. It is viewed as being the "watershed" for the modern civil rights movement as well as the modern Supreme Court. John Salmond, a civil rights historian, interpreted the Brown decision to instill pride in the greatness of the United States and to be a visible separation from other countries.

Wilson, Paul E. A Time to Lose: Representing Kansas in Brown v. Board of Education. Kansas: University Press of Kansas, 1995.
      Wilson's account stands out in that it is the most comprehensive detailing of the losing side in the Brown cases. He asserts that his is the only such account. This is a valuable tool to explore the monumental case in the historical context of 1950's America. Paul Wilson is one of the lone remaining states' attorneys who argued in Brown. He sheds light on what it was like to represent the Topeka school board and thereby oppose the NAACP in the Brown case. As the original Brown case made its way to the Supreme Court, Paul E. Wilson served as an assistant attorney general to the state of Kansas. It was his responsibility to, as he puts it, "defend the indefensible."

Cases

Belton v. Gebhart, 347 U.S. 483 (1954).
      The Delaware case consolidated under Brown. The case was notable because black students in Delaware received relatively equal schooling to whites in tangible terms. This made it a good case for the NAACP LDF to use to challenge the inequality of segregation itself.

Bolling v. Sharpe, 347 U.S. 497 (1954).
      The Washington, D.C. case challenging "separate but equal." It was decided on the same day as Brown but the justices used the Fifth Amendment instead of the Fourteenth Amendment to support their decision since the District of Columbia is governed differently than states.

Briggs et al. v. Elliott et al., 98 F. Supp. 529 (1951).
      The South Carolina case that was consolidated by the Supreme Court under Brown in which the plaintiff Harry Briggs challenged the abject inequality of the black schools in Clarendon County, South Carolina. The federal district court in South Carolina had ruled that segregation was permissible under Plessy v. Ferguson and that public education was a state's prerogative. The court recognized a constitutional right to equalization and allowed time for South Carolina to make equalization a reality.

Brown v. Board of Education of Topeka, Shawnee County, Kansas, 98 F. Supp. 797 (1951).
      The case heard in the United States District Court, District of Kansas that would become the first case listed by the Supreme Court. The judges expressed a desire to rule for the plaintiffs and end segregation in Kansas' schools. However they felt bound by the Plessy precedent and decided to wait for a Supreme Court ruling.

Brown v. Board of Education of Topeka, Kansas (Brown I), 347 U.S. 483 (1954).
      This was the title given to the four school desegregation cases heard by the Supreme Court. The Court chose to put Oliver Brown's name first, though it was not alphabetically so, to take pressure off the South.

Brown v. Board of Education of Topeka, Kansas (Brown II), 349 U.S. 294 (1955).
      This was the implementation decision following the 1954 finding in Brown I. The opinion is infamous for its use of the ill-defined term "all deliberate speed" to govern desegregation.

Cooper v. Aaron, 358 U.S. 1 (1958).
      The case centered on desegregation in Little Rock, Arkansas following massive resistance on the part of Governor Orville Faubus. The justices tried to make it clear that violence, and the threat thereof, would not prevent desegregation from moving forward.

Davis v. County School Board of Prince Edward County, 103 F. Supp. 337 (1952).
      The Virginia case consolidated under Brown. Teenager Barbara Johns was instrumental in bringing the NAACP LDF into Prince Edward County to fight for desegregation.

Dowell v. Oklahoma City School Board, 498 U.S. 237 (1991).
      A federal court found the district to be "unitary" leading the school board to vote for a return to segregation. The Supreme Court held that unitary status was sufficient to preclude a district from its responsibility to maintain desegregation.

Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857).
      This was the famous decision during the time of Chief Justice Roger Taney that found the Missouri Compromise unconstitutional. The decision also stated that blacks were not citizens and thus not entitled to equal protection under the law. The citation for this case is made tricky by the fact that a Court clerk misspelled John Sanford's name as "Sandford." The Court never corrected this error.

Freeman v. Pitts, 503 U.S. 467 (1992).
      In this case the Supreme Court relaxed the responsibility, established in Green, of school districts to desegregate.

Green v. School Board of New Kent County, VA, 391 U.S. 430 (1968).
      A case challenging the constitutionality of "freedom of choice" plans. The Court ruled that segregated dual school systems must be taken apart "root and branch."

Griffin v. County School Board of Prince Edward County, 377 U.S. 218 (1964).
      The Supreme Court tried to stop a plan to close down the public schools rather than desegregate. Justice Hugo Black gave word to the Court's thinning patience writing that there is "entirely too much deliberation and not enough speed" in applying the Brown mandate.

Keyes v. School District No. 1, Denver, Colorado, 413 U.S. 189 (1973).
      The first Supreme Court ruling on school segregation in the West where there was technically no de jure segregation. This case recognized the rights of Latinos in addition to blacks to desegregated, equal education.

McLaurin v. Oklahoma State Regents for Higher Education, 339 U.S. 637 (1950).
      In this case the Court ruled that the University of Oklahoma's segregationist policies were in violation of the Fourteenth Amendment's Equal Protection Clause. The Court recognized the value of intangibles, such as the ability to study and interact with other students, in an equal education.

Milliken v. Bradley (Milliken I), 418, U.S. 717 (1974).
      The Detroit case limited the possibility to include suburbs within a city's desegregation plans. This is interesting to consider in light of the prevalence of white flight. Justice Thurgood Marshall wrote an eloquent dissent in the case.

Milliken v. Bradley (Milliken II), 433 U.S. 267 (1977).
      The Court ruled that a district could be held responsible for making reparations to students who suffered an unequal education due to segregation.

Missouri v. Jenkins, 515 U.S. 70 (1995).
      The Supreme Court ended the judicial oversight of a resegregated district with a large majority of black students and very poor conditions in the schools.

Plessy v. Ferguson, 163 U.S. 537 (1896).
      This was the infamous decision establishing "separate but equal" as a constitutional precedent. In this case the justices refused to acknowledge that states were bound by the provisions of the Fourteenth Amendment. Justice Harlan wrote a famous dissent in the case, stating that the "constitution is colorblind."

Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 (1971).
      Under Chief Justice Burger, the Court attempted to clarify its position on remedy powers. The opinion states, "The nature of the violation determines the scope of the remedy."

Sweatt v. Painter, 339 U.S. 629 (1950).
      The Court ruled that the University of Texas School of Law had to admit black students. The Court recognized the importance of certain intangibles, such as prestige, in a law school education. Decided on the same day as McLaurin, the case marked one step in the NAACP LDF assault on segregation.

Documents

Civil Rights Act of 1964. 2 July 1964. 10 December 2003 <http://www.toptags.com/aama/docs/Act1964.htm>.
      The Civil Rights Act of 1964, signed by President Johnson, ended segregation in all public places and expanded the definition of civil rights for all Americans. The Brown decision was an integral step in the realization of this Act of 1964.

Executive Order 10730. 23 September 1957. 10 December 2003 <http://www.Toptags.com/aama/docs/eo10730.htm>.
      This Executive Order was enacted by President Eisenhower to end segregation in Little Rock's Central High School. The Order authorized military action to implement desegregation as mandated by Brown.

Flemming, Arthur S., Horn, Stephen, Freeman, Frankie M., Ruiz, Manuel Jr., Rankin, Robert, Saltzman, Murray, and Buggs, John A. Fulfilling the Letter and Spirit Of the Law: Desegregation of the Nation's Public Schools. U.S. Commission on Civil Rights, 1976.
      This report presents the Commission's perspective on the state of school desegregation at the nation's bicentennial. The Commission describes a steadily improving rate of desegregation and cites the benefits to children of all races gained from integrated education.

General Management Plan, Development Concept Plan, Interpretation, and Visitor Experience Plan. Brown v. Board of Education National Historic Site, August, 1996.
      Established on October 26^th, 1992, the Brown v. Board of Education National Historic Site was dedicated to honoring the landmark Supreme Court decision. This designation displays Brown's iconic status as it is the only Supreme Court decision to be so honored. One of the site's goals is to educate visitors about the importance of this monumental decision and to ensure that its positive legacy will endure.

Miller, George R. Letter to Mr. Fred Bulah. 18 December 1950. "The Brown Cases, 1950-1952" 11 January 2004 <http://www.jimcrowhistory.org/resources>.
      This reply letter from the Delaware State Board of Education to Mr. Fred Bulah, one of the appellants in the Delaware desegregation cases, demonstrates the de jure school segregation in place prior to Brown.

The Mississippi Sovereignty Commission. "Founding Charter Document," 1957. 11 December 2003 <http://www.toptags.com/aama/events/scommis.htm>.
      This charter establishes the scope and purpose of the Mississippi Sovereignty Commission. The Mississippi State Legislature established the Commission in response to the Supreme Court mandate in Brown to desegregate public schools. The Commission's goal was to resist the mandate at all costs. This is an example of the "massive resistance" in the South to Brown.

A Petition to the President and the Congress of the United States. 14 April 1959. Official File 142-A, "Negro Matters-Colored Question" folder, Box 731, White House Central Files. Dwight D. Eisenhower Library, Abilene, Kansas. 10 January 2004 <http://www.jimcrowhistory.org/resources>.
      A petition signed by leaders such as, Dr. Martin Luther King, Jr., Jackie Robinson, and Daisy Bates, asking the U.S. Congress and President Eisenhower to enact legislation to implement Brown.

A Sharecrop Contract. 1882. 11 December 2003. <http://www.toptags.com/aama/docs/sharecrop.htm>.
      This document shows the lack of opportunity for blacks in the United States, even after the Civil War and the Thirteenth, Fourteenth, and Fifteenth Amendments. Blacks were kept in a position as close to slavery as possible through Jim Crow laws.

Situation Report: Arkansas. 7 March 1958. Events at Central High School Official File 142-A, "Little Rock, Arkansas School Integration" folder, Box 732, White House Central Files. Dwight D. Eisenhower Library, Abilene, Kansas. 15 December 2003 <http://www.jimcrowhistory.org/resources>.
      This daily report, from the Office of the Deputy Chief of Staff for Military Operations, describes abuse directed at the black students integrating Little Rock's Central High School as well as gunshots in the superintendent's car.

Interviews

Benson, Victoria Jean. Telephone interview. 10 May 2004.
      Ms. Benson is the daughter of Maude Lawton, who was one of the parent plaintiffs in the Kansas case. At the time of the Brown decision in 1954, Ms. Benson was eight years old, and attending a segregated elementary school. Ms. Benson described how her mother came to be a plaintiff in Brown. The Lawton family lived within the same community as a number of plaintiffs and NAACP workers. McKinley Burnett was the President of the local NAACP chapter at the time. Mr. Burnett was a family friend who also attended the same church. The Lawtons were also neighbors of Charles Scott Sr. and his family. Ms. Benson said that ultimately her mother thought that segregation was wrong, and that any type of injustice should not be allowed to continue. As a result, she took the brave step of signing her name onto the list of plaintiffs in Brown. Even though she was only eight years old at the time of the 1954 decision, Ms. Benson did not attend a desegregated school until she reached junior high school. Ironically, the Topeka middle schools had been desegregated prior to Brown. This policy anomaly still haunts Ms. Benson to this day. She asks herself why the Topeka School Board would inflict segregation on its youngest students. Ms. Benson's younger brother was the first child in the Lawton family to attend a desegregated elementary school. She recalls the anxiety before, during, and after Brown on the part of black teachers who were afraid that they would lose their jobs if desegregation took place. Living in Topeka Ms. Benson did not encounter the "horror story" interactions with whites as did other blacks. In fact she recalls that blacks in Topeka in general did not experience the violence and horror encountered by blacks in other parts of the country. Ms. Benson explained that once the white students in her junior and senior high schools realized that she did not intend to cause problems or controversies, they developed good relationships. She went on to complete cosmetology school where she was the first black student. Ms. Benson has worked as a cosmetologist for thirty-four years. She does not want the children of today to forget the struggles of their ancestors. Ms. Benson feels that, "we can all learn from one another." Summing things up, she said that, "God didn't create people to be mean to each other or to discriminate. That's why my mother put her name down."

Bersin, Alan. Personal interview. 13 May 2004.
      Mr. Bersin is the Superintendent of the San Diego Unified School District. Before obtaining this position, he was a United States Attorney in San Diego. This combination gives him a unique perspective on Brown in general and its particular legacy in San Diego. Mr. Bersin stated emphatically that, "Brown ended apartheid in America since before the decision the law prescribed segregation of the races." He said that in 1977 the San Diego Unified School District was composed of "seventy percent white children and thirty percent children of color. In 2004 those percentages are reversed." He noted that in the late 1970s, busing was the only option to achieve school integration. Residential segregation continues to be an obstacle in achieving integration. San Diego is not immune to the racism that is pervasive in the United States. It is the issues of race and class that have been, and will continue to be, challenges for America according to Mr. Bersin. He pointed out that students in today's desegregated schools are "standing on the shoulders of the pioneers who fought to end segregation." In Bersin's view, when Brown's one-hundredth anniversary is celebrated, " fifty years from now, we'll be that much closer to achieving equal educational opportunities for all of San Diego's children."

Brown, Harold. Personal interview. 13 May 2004.
      Mr. Brown is a former teacher, college professor, Deputy Director of the U.S. Peace Corps in Lesotho, Africa, and CORE worker who fought for fair housing for blacks. He recalls being harassed by whites on his way to school as a young boy. Not only did he and his peers have to pass higher quality white schools on their way to poorly funded black schools but they daily encountered verbal abuse and taunts from white adults and children alike. He also remembers his cross-country drive to Southern California to continue his higher education. He and a friend drove straight through because there were no motels in which they could stay. There were also no restaurants or bathroom facilities for them to utilize. Mr. Brown is an advocate of the equalization of educational opportunities. He believes that busing is too costly an option to achieve integration when so many schools in inner cities are woefully under-funded. He also believes that inner city, minority communities would be strengthened by keeping their children in neighborhood schools.

Davis, Maurita Burnett. Telephone interview. 10 May 2004.
      Ms. Davis is the daughter of McKinley Burnett who was the President of the Topeka branch of the NAACP during Brown. Mr. Burnett was an initiator and strategist in the Kansas case. Mr. Burnett was one of the people responsible for exploring Topeka's black community in search of potential plaintiffs. Ms. Davis described various encounters that she and her family experienced as a result of the Brown litigation. For example, she said that the black teachers were not nice to the students whose families were involved in the case. The black teachers were anxious over the prospect of losing their jobs if desegregation took place and took out their anxieties and resentments on the students. Ms. Davis recalls being interviewed frequently by a school psychologist during the Brown litigation. The psychologist asked her lots of questions about her father and the case. Her father faced negative encounters in the workplace. Mr. Burnett worked at the Veteran's Hospital. He never received promotions that he deserved on the basis on merit because of his involvement in Brown. He daily had to read items to his illiterate boss but still was never promoted. Despite these negative consequences her father maintained his involvement in the case, exchanging his personal welfare for a greater good. Mr. Burnett continued fighting to end segregation because he knew it was for the betterment of all and "he believed in righting all wrongs." Each year on May 17^th, Mr. Burnett marked Brown's anniversary with a tea party for family and friends. The party's refreshments may have been simple because of her father's income but the celebration was no less heartfelt.

Greenberg, Jack. E-mail interview. 23 May 2004.
      Jack Greenberg was one of the NAACP LDF attorneys who argued the Delaware portion of the Brown case. He continued his work with the NAACP LDF for thirty-five years, arguing cases involving issues such as school integration, voter registration, fair housing, and equal employment. In 1961 he became Director-Counsel of the LDF, succeeding Thurgood Marshall in that position. He has been the Dean of Columbia College. Greenberg continues to be on the faculty of Columbia Law School. As a firsthand participant in developing the strategy leading to Brown, executing that strategy in the courts, and working to fulfill the Brown legacy, Greenberg provides unparalleled insight into the historic case. He cites the massive resistance to the decision as the largest barrier to fulfilling its legacy, specifically noting the "Southern Manifesto," anti integration laws adopted by southern states which included "procedures to make it difficult, to impossible, for blacks to transfer to white schools and laws that closed schools if blacks entered," and the fact that southern governors called out the national guard to stop black students from entering previously all white schools. Greenberg sees this resistance, and more importantly the deep prejudice that it represents, as having a more harmful effect on the implementation of Brown than the often-debated phrase, "all deliberate speed," used by Chief Justice Warren in Brown II. As he puts it "language could not counteract such deep prejudice. Words alone could not have made things different." He feels that the Civil Rights Movement did in fact make a difference in fulfilling Brown's legacy.

Scott, Charles Jr. Telephone interview. 11 May 2004.
      Mr. Scott, an attorney, has a unique role in the context of Brown. His father, Charles Scott, Sr., was one of the attorneys in the Kansas case. Working for the NAACP, Mr. Scott, Sr. was responsible for exploring for plaintiffs to bring a suit against the Board of Education of Topeka, Kansas. Mr. Scott, Jr. explained the qualities and factors for which his father was looking in potential plaintiffs saying that he was looking for "black kids who lived in areas near whites only schools whose parents would be willing to try to enroll them in the white schools." The NAACP knew that the attempts to enroll the black students would be denied because of the practice of segregation. The denial would be the basis of the NAACP case attacking segregation. Mr. Scott, Jr. discussed the encounters from inside and outside of the black community that his father, and his family as a whole, encountered as a result of the Scott family's role in Brown. Within the black community the Scotts received no support, particularly financially, making life difficult. The younger Scott's unique role in Brown stems from his participation in Brown III, a case brought by Linda Brown Henderson on behalf of her children in 1979. At issue in Brown III, was the fact that the schools in Topeka were as segregated in 1979 as they had been in 1954. As Mr. Scott, Jr. said the schools were "still exactly the same." He never thought that he would be involved in another Brown case as his father had been before him. He assumed that desegregation would occur as ordered by the Supreme Court. Eventually, in 1994, the Topeka Board of Education was able to devise an acceptable plan to desegregate its schools. A component of the plan was the creation of magnet schools in Topeka, one of which is named for the Scott family. Mr. Scott, Jr. pointed out one of the ironies of the Brown legacy. "Brown has done a lot of good in integrating other branches of American life but did little good in schools," a fact that remains true today. He continued, saying that most schools are still as segregated today as they were before Brown. Mr. Scott, Jr. shared his feelings that if we as a country never desegregate our schools, we will never have a truly integrated society with equal opportunity for all Americansblacks, whites, and all other minorities.

Smith, Dorothy L. W. Personal interview. 13 May 2004.
      Dorothy L.W. Smith attended segregated elementary, junior high, and high schools in Tennessee. After graduating as class valedictorian from Weakley High School in 1957, she was denied admission to the University of Tennessee because she is black. Thus she was forced to attend the historically black, Philander Smith College, in Little Rock, Arkansas. She finished her Bachelor's Degree in English from California State University, Long Beach in 1969. Mrs. Smith went on to become a member and president of the San Diego Unified School District's Board of Education. She described what it was like to grow up as a child in Jim Crow Tennessee, saying that, "we knew that we were separated from whitesI felt deprived in the town. There were separate white and colored windows at the hamburger placewe couldn't use the facilities that we paid taxes for." Despite these injustices, Mrs. Smith saw hope both within her community and the black schools. "The schools were a bright spot in my life. There were people who cared about me, helped me, and brought me books. In school I learned what I needed to know. In my home I learned I could be anything I wanted to be." Even though she felt love and compassion from her family, church, and school Mrs. Smith knew at a young age that the tangible quality of her education was not equal to that received by white children. "I encountered 'separate but equal' facilities, and they were never 'separate but equal.' It was always separate but unequal." Mrs. Smith went on to say that Brown's promise of equality remains unfulfilled. "We have not really worked hard enough to fulfill the legacy, to fulfill the dream." She feels that future generations must work towards achieving true integration and equality.

Smith, George Walker. Personal interview. 13 May 2004.
      The Reverend George Walker Smith, the first black elected to public office in San Diego, and a former member and president of the San Diego Unified School District's Board of Education, grew up the son of a sharecropper in segregated Alabama during the 1930s. He remembers that, "all hell broke out" following the Brown decision. He shared first-hand accounts of the killing, mistreatment, and discrimination that blacks in his Alabama community of Haynesville faced daily. Reverend Smith and his family of eleven children lived just a step above slavery. He recognized education as his tool to break free. Even though the schools he attended were poor and ill equipped, receiving $39 in funding each year per black student compared with the $239 spent on each white student, his teachers, "instilled in me, and my classmates, hope. They filled my head up with hope. No one can take it out." Good fortune allowed him to attend a private, parochial high school where he excelled and graduated as class valedictorian. After earning his degree from Knoxville College in Tennessee Smith wanted to attend medical school but was rejected because of the color of his skin. As a result he changed his career goals from medicine to ministry, becoming a Presbyterian minister, moving to San Diego to serve in 1956. Reverend Smith was the only member of the San Diego Unified School District Board of Education to put his kids on the bus. He told his daughters to be proud of who they were and to be assertive in getting a good education. Smith feels that, "you can't be busing people around just for the sake of it. Integration is more than just moving a black boy to sit next to a white boy. Brown opened the door for blacks and whites to get together. This has been the greatest benefit of Brown, bringing people together not on the basis of test scores, but on what they bring as a person to the total life of campus." Reverend Smith feels that integration is merely a means "to an end, not the end itself," meaning that achieving integration should not be the priority, but that the focus must instead be on quality education for every student so that they become the "best and brightest kids possible." Then, Reverend Smith predicts, integration will be able to occur naturally due to improved socioeconomic conditions in the black community, thus enabling more blacks to move into more affluent, predominantly white neighborhoods. Their children would attend a local school with their white counterparts, achieving integration without "unnecessary busing."

Museums and Monuments

Arlington National Cemetery. Site Visitation. December 2003.
      While at the famous cemetery, the resting place for thousands of brave Americans, I visited the gravesite of Thurgood Marshall. The simple, white tombstone marked the resting place of one of the legal architects behind the dismantling of Jim Crow and one of the great, and most influential, legal minds of the twentieth century.

Gettysburg National Military Park. Site Visitation. Gettysburg, Pennsylvania. December 2003.
      Driving around the Civil War battlefields that witnessed the War's most horrific battles, I considered what the War was about. It was another chapter in the United States' centuries long struggle with race. Here tens of thousands of men lost their lives not only over the preservation of the Union but over the existence of slavery in the nation.

Jefferson Memorial. Site Visitation. Washington, D.C. December 2003.
      The quotes on the marble walls of the memorial clearly detail the promises and ideals of America for all people that Thomas Jefferson so eloquently put into words. One wall displays Jefferson's thoughts regarding the importance of a Constitution that grows and adapts to developing definitions of equality and freedom. "Laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors." This brings to mind the justices questioning of John Davis over the possibility of the changing definition of "equal" during the Briggs portion of the Brown arguments.

Lincoln Memorial. Site Visitation. Washington, D.C. December 2003.
      The Lincoln Memorial pays homage to the sixteenth president of the United States. Lincoln's quotes displayed on the memorial's walls indicate his views on slavery in the United States. The memorial also holds a place in African American history as the central site for the 1963 March on Washington. A plaque marks the place where Dr. Martin Luther King, Jr. stood to deliver his "I Have a Dream" speech. Standing on and gazing out from this spot toward the Capitol building I was inspired by the courage of all people who have stood up and fought not only for their individual civil rights but for those of all people and the nation as a whole.

National Archives. Site Visitation. December 2003.
      As I viewed the Declaration of Independence, the Bill of Rights and the Constitution, I was inspired and awed by the significance of these documents. I also saw a "People's Choice" display in which Americans had voted on the documents they believed to be most influential in shaping the country. The Brown v. Board of Education decision was voted into the top fifteen, demonstrating the decision's iconic status among Americans.

National Constitution Center. Site Visitation. Philadelphia. December 2003.
      "Freedom Rising" is a multimedia experience at the National Constitution Center that brings the Constitution to life and places the battles over its interpretation into a contemporary context. The presentation makes it clear that the Constitution is a living document designed to grow with the United States rather than hold the country back to the standards of the eighteenth century when it was written. "The Story of We the People," an exhibit at the National Constitution Center is an interactive experience informative and influential as it brought the Constitution to life recounting individual instances in the development of constitutional theory and law. Particularly interesting for me were the displays on school desegregation and the larger civil rights movement. Another feature that stood out were the assorted quotations from historical figures throughout the history of the United States. These included Learned Hand, John Marshall, Martin Luther King, Jr., and Thurgood Marshall.

Smithsonian Institution. National Museum of American History. Site Visitation. Washington, D.C. December 2003.
      I found the "Woolworth's Lunch Counter" exhibit to be particularly relevant to my study of Brown v. Board. Woolworth's donated the original lunch counter from its Greensboro, North Carolina store which was witness to the first "sit in" protest of the Civil Rights Movement. This protest, on February 1, 1960, was typical of actions in the movement following Brown. The historic decision inspired the movement as a whole, and individual people, to fight for civil rights and equality in all facets of life in the United States.

United States Supreme Court. Site Visitation. Washington, D.C. December 2003.
      Walking up the steps to the Supreme Court building I stopped and read the American promise inscribed over the building's doors, "Equal Justice Under Law." This is what the NAACP LDF and countless others were fighting for in Brown. Sitting in the Court itself I imagined what the scene was like with Thurgood Marshall and the other attorneys addressing the Court while being opposed by the likes of John Davis and Paul Wilson. I also tried to imagine the energy in the room on May 17, 1954 when Chief Justice Earl Warren read the historic decision. The Court has been witness to countless battles to hold America accountable to her promises and ideals.

Narratives

"Born in Slavery, Slave Narratives." 1936-1938, Federal Writers' Project. 20 January 2004 <www.memory.loc.gov/ammen/snhtml/snhome.html>.
      These narratives were part of the "Federal Writers' Project," consisting of interviews with former slaves. These texts demonstrate the lack of education for, and poor treatment, of slaves.

Moore, John G. The History of Jim Crow. "Mr. John G. Moore on the Desegregation of Clinton High School." 20 January 2004 <http://www.jimcrowhistory.org/resources/Narratives/John_Moore.htm>.
      Mr. John G. Moore was a white citizen of Anderson County, Tennessee, home to Clinton High School. Clinton was the first high school to be integrated following the Brown decision. He recalls the town as being "ready" for the desegregation to take place. Resistance and violence came several days before school was to start from outsiders and members of the Ku Klux Klan. He recalls that the town of Clinton had only "two policemen," so a plea went out on the radio asking for volunteer policemen. Moore responded and experienced "sheer terror" trying to maintain peace and order.

Williams, Alfred. The History of Jim Crow. "Mr. Alfred Williams on the Desegregation Of Clinton High School." 20 January 2004 <http://jimcrowhistory.org/resources/Narratives/Alfred_Williams.htm>.
      In this narrative, Mr. Williams recalls his personal school experience. Before Brown, he traveled 13 miles each day to attend Austin High School in Knoxville, Tennessee. In 1956, he was among the twelve students to begin the integration of Clinton High School. He recalled not wanting to leave his old school, his friends and familiar surroundings. The hostility towards these black students was so horrific at Clinton High School that the State troopers and National Guard were called in to assist. He ended up getting expelled from Clinton and felt "hate" towards whites for many years. He has since reconciled these feelings.

Papers

Chief Justice Earl Warren Papers. "Notes, William O. Douglas to Earl Warren, 11 May 1954; Harold H. Burton to Earl Warren 17 May 1954; Felix Frankfurter to Earl Warren, 17 May 1954." 1 February 2004 <http://memory.loc.gov>.
      These handwritten notes were each sent to Chief Justice Warren concerning the Brown decision. Each note expresses gratitude for Warren's leadership.

Justice Felix Frankfurter Papers. "Felix Frankfurter's Draft Decree to Enforce Brown v. Board." April 8, 1955. Words and Deeds in American History. 20 February 2004 <www.loc.gov/exhibits/treasures/Trr007.html>.
      This document shows the crossing out in pencil of the NAACP favored term, "forthwith," and replacing it with "all appropriate speed." This would later lead to justice Hugo Black's 1964 opinion in Green that the "time for mere 'deliberate speed' has run out."

The following sources were gathered from the NAACP Part II Legal files collection at the Library of Congress in Washington, D.C. These were original documents from the Collections of the Manuscript Division. Due to age requirements at the Library of Congress, I was not allowed to photocopy these by myself, therefore, an adult assisted with the actual photocopying.

Answer of Defendants to Amended Complaint as Amended in Paragraph 8 Thereof. Civil Action No. T-316 in the District Court of the United States for the District of Kansas.
      In this document the defendants, specifically the Board of Education of Topeka, Shawnee County, Kansas, et al., established their position regarding allegations made by the plaintiffs in the case. The defendants allege that the City of Topeka is one school district, white school children are required to attend the elementary school located in their specific territory (Topeka was divided into 22 territories), while black school children had the option to attend one of the four colored schools in Topeka, segregation did not exist outside of grades one through six, superior transportation was furnished to black children while none was furnished to white children and that plaintiffs of school age were lawfully denied admission to white schools on the basis of their race and color. The defendants deny that black school children were denied "educational opportunities equal to those afforded white children." They further allege that black school children did not, on average, travel further in reaching their schools than white school children.

Carter, Robert L. Letter to Thurgood Marshall. 28 April 1948. N.A.A.C.P. Papers. Library of Congress: Washington D.C.
      This was a correspondence concerning the strategies to be used in cases in Virginia and North Carolina. Carter's opinion was that the Legal Defense Fund did not have the financial resources to make an all-out attack on segregation itself and should, therefore, settle for some steps gained toward equalization.

"Concerning the Effects of Racial Segregation."
      This report did not contain a date or author yet did have an extensive bibliography with sources ranging from 1936 to 1952, and referred to "we," indicating multiple authors. It detailed a study that was most likely used to predict what the effect of public school desegregation would be while attempting to pre-determine problems that would arise. One was the possibility of the intellectually inferior group jeopardizing the education of the higher achieving group merely by its presence. The response was that it is an assumption that the "presently segregated groups actually are inferior intellectually" and that the differences could be explained by environment. It was suggested that, if needed, ability tracking could be used, yet that too had its opponents who claim it created feelings of inferiority in the lower group and "undesirable emotional consequences" in the gifted group while removing the opportunity to learn from interaction. Another question posed was whether "segregation prevents or stimulates interracial tension and conflict." Reviews had shown that desegregation had been carried out successfully yet with predicted outbreaks of violence. The armed services were cited as an example of successful extensive desegregation. Considering that major race riots had occurred in segregated neighborhoods it was proposed that desegregation would be more successful when the change is made simultaneously into all "units of a social institution to which it is applicable."

Davis, Allison and Hess, Robert D. "What About IQs." Journal of the National Education Association. November 1949.
      Explored the inadequacies of standardized testing in the lower economic groups. Until these discoveries were made the prevalent opinion had been that children from the lower economic group were intellectually inferior. The authors devised the Davis-Hess Individual Test of Intelligence that was considered new at the time of this article, but gave credibility to the cultural influence and sensitivity with which these tests were done.

"Conference Program." September 25-28, 1953. N.A.A.C.P. Legal Defense and Educational Fund Offices, 107 West 43^rd Street, New York.
      This conference was presided over by Thurgood Marshall and was divided into four seminars with the following topics, "Post Reconstruction," "History of the Fourteenth Amendment," "History of Public Education of Negroes and Impact of the Fourteenth Amendment," and "Legal." Each seminar was assigned some aspect of the Supreme Court's questions that would be the basis of the continuing argument, set to begin on December 7^th, 1953. Its purpose was to have the briefs and oral arguments evaluated from the points of view of an educator, historian, sociologist, political scientist and lawyer. Its goal was to draft the "soundest and most persuasive argument possible against the validity of segregation."

Greenberg, Jack. Personal notes.
      These handwritten notes details the disparity between educational services for black and white students, specifically stating that more white children attended schools that were newer than the newest colored schools and that the average insured value per classroom was $6,000.00 in colored schools versus $10,000.00 in white schools.

Memorandum Brief For Appellants In Nos. 1, 2 and 3 and For Respondents In No. 5 On Further Reargument With Respect To the Effect Of the Court's Decree. October Term, 1954. Supreme Court of the United States.
      From this brief, that was submitted in response to Warren's instructions to both parties to submit legal briefs on implementation of desegregation within six months of the original decision, I learned about the meticulous research that went into the NAACP's preparation before the implementation hearing. The brief begins with the statement that the original complaint was not only on behalf of specified "negro public school pupils" but also on behalf of "an untold number of unnamed persons 'similarly situated.'" Therefore, the brief states these are spurious class suits and thus deserve appropriate treatment from the court. The brief concludes by stating that the children involved in the cases before the court are entitled to desegregated public education. In the appendix the appellants make specific suggestions on implementation of the Brown decision.

Motley, Constance Baker. Memorandum to NAACP Staff and Conferees. September 25-28, 1953.
      Particularly valuable, in this memorandum were notes on Section 5 of the Fourteenth Amendment, including its legislative history and a study of the intent of its framers. It was to be used to assist in answering the questions posed for reargument.

"Plaintiffs and Parents."
      This is an original hand-typed listing of the children and their parents who had been denied enrollment into their neighborhood school in Topeka on the basis of race. Seeing this aging document gave a sense of personalization to these names. It also listed the school that each child attended, the school she/he should attend, the distances to each of these schools and the time needed for travel to each of these schools. For example, Linda Carol Brown attended Monroe which was twenty blocks away taking fifty minutes travel time each way, but should have attended Sumner which was five blocks away taking five to ten minutes travel time.

Reply Brief For Appellants in Nos. 1, 2 and 3 and For Respondents in Nos. 5 on Further Reargument. October 1954. Supreme Court of the United States.
      The appellants' reply brief was submitted in response to Chief Justice Warren's request that both parties make statements in regards to the implementation of Brown I. It begins with an assertion that the goal of the opposition was not to propose a plan for active desegregation but instead to submit reworded arguments in support of "interminable continuation of racial segregation." The brief also states that predictions of violence and resistance are not sufficient to justify delay of implementation. The appellants assert that more time will not lessen anticipated racial hostility. The brief asks the court to not allow the Brown decision's wide applicability to prevent a constitutionally appropriate remedy. The appellants state that race does not impact educability rather educational and cultural achievements are the results of "opportunity and environment." The brief states that delayed implementation will lessen rather than strengthen the effectiveness of desegregation. The brief concludes with the assertion that a national constitution equally protects the rights of all people in all regions in the country regardless of regional prejudice, powerfully stating "the time has come to end the division of one nation into those sections where the Constitution is and those where it is not fully respected."

Report and Review on "Public School Segregation Cases." Filed November 26, 1952.
      I learned from this report about the carefully crafted strategy that the NAACP used to dismantle segregation. This report gives a review of the progress to date of the school segregation cases in Clarendon County, South Carolina, Topeka, Kansas, and Prince Edward County, Virginia. It is divided into information on the legal issues at hand, the arguments made, the regional history of each case, the specific impact in the South of the litigation, the decisions rendered to date, and a listing of counsel for the appellants and expert witnesses used. This report displays the extensive and meticulous preparation by the NAACP for the Brown cases.

Scott, Charles S. Letter to Robert L. Carter. 21 September 1953. N.A.A.C.P. Papers. Library of Congress, Washington D.C.
      Charles Scott, Sr. wrote this letter to Bob Carter after the start of the Brown arguments before the Supreme Court, discussing the Topeka School Board's attempts to resolve the issue of desegregation in public elementary schools on its own terms before a Supreme Court opinion could be rendered. Scott shares a portion of the minutes of a Topeka Board of Education meeting in which the superintendent proposes gradual, regional desegregation in Topeka.

Scott, Charles S. "Biographical Sketch."
      This sketch contains a brief account of each of the families from Topeka that had attempted to enroll their children in the closest public school, but were denied enrollment due to race. These families then became collectively known as Brown v. Board of Education of Topeka, Kansas.

Photographs

Hickman, R.C. Jim Crow Image Gallery. R.C. Hickman Personal Collection. 15 November 2003 <http://www.jimcrowhistory.org/scripts/jimcrow/gallery>.
      Hickman's photographs were used in multiple court cases by NAACP LDF attorneys to demonstrate the lack of equality under "separate but equal" schooling.

Photograph of George E.C. Hayes, Thurgood Marshall and James M. Nabrit. 1954, A.P. Photo 21 January 2004 <http://memory.loc.gov/cgi-bin>.
      This photo, from May 17^th, 1954 shows Hayes, Marshall and Nabrit in a congratulatory pose on the steps of the Supreme Court.

Williams, Cecil J. Jim Crow Image Gallery. Cecil J. Williams Personal Collection. 16 November 2003 <http://www.jimcrowhistory.org/scripts>.
      Williams' collection includes photographs of the Scot's Branch School in South Carolina before and after the Brown decision.

Poetry

Rampersad, Arnold, editor. The Collected Works of Langston Hughes Volume 1. Missouri: University of Missouri Press, 2001.
      This book illustrates the writings of Langston Hughes that were motivated by social injustice. Many of these writings centered on the spirituality and history of black culture. These works use words to show what life was like for many struggling blacks as well as their disdain for their own culture. The simplistic style of writing served to encourage blacks to embrace, not reject, their culture. His poems helped me gain a sense of the emotions shared by blacks during the 1920's and 1930's.

Rampersad, Arnold, editor. The Collected Works of Langston Hughes Volume 3. Missouri: University of Missouri Press, 2001.
      Langston Hughes is regarded as one of the most revered American poets of the twentieth century. He gained his reputation by his dedication to writing about black culture and the need for social justice for all people. He is remembered as one of the bravest American poets as he was able to reflect the emotions of the tumultuous time in which he lived, specifically the black struggle for equality.

Recordings and Transcripts

Irons, Peter, and Stephanie Guitton, editors. May It Please the Court, Transcripts of 23 Live Recordings of Landmark Cases As Argued Before the Supreme Court. Book and Audiocassettes. New York: The New Press, 1994.
      This unique book and accompanying tapes helped me understand the process of oral argument before the United States Supreme Court. I gave closest attention to Cooper v. Aaron, the case dealing with school desegregation in Little Rock, Arkansas and to Regents v. Bakke, an affirmative action case. Both cases are part of the Brown legacy.

Survey

Personal interviews conducted by Julie Gantz from March 20, 2004 through May 17, 2004.
      I conducted an unscientific survey to gauge the level of recognition among the general public regarding Brown. The survey is attached as Appendix B. I surveyed 105 people ranging in age from eleven through ninety-three. Of the 105, 28 were under the age of twenty. Ten of the 105 were over the age of eighty. Fifty-three were in the age range from twenty-one through sixty-five. The remaining 14 were between seventy and eighty years old. These 105 people represented a variety of racial and ethnic backgrounds. The vast majority of those over the age of twenty-five were college graduates. The majority of those I surveyed, 71 of the 105, lived in San Diego County, California. The remaining 34 were from the United States, from states including Arizona, Iowa, Missouri, Mississippi, New York and Washington. I was surprised by the results, however unscientific they may be. Of the 105 surveyed, only 12 recognized Brown v. Board of Education of Topeka, Kansas. Of these twelve, only one, an attorney, made any connection with just the mention of "the term Brown." None of the 28 young people (under the age of twenty) surveyed recognized Brown. Even following prompting none of the 28 could recall ever having heard of the case. The twelve people who recognized Brown broke down as follows. One was twenty-seven years old. One was thirty-six years old. Two were between forty and fifty years old. Three were between fifty and sixty years old. Another three were between sixty and sixty-five years old. The remaining two were seventy-seven years old and ninety-three years old. In terms of race and ethnicity, six of the twelve were Caucasian, two were Hispanic American, two were black, one was Asian American, and the other was Native American. I found it interesting to compare the results of my unscientific survey with the results of voting by the American public in a survey conducted by the National Archives. In this survey, Americans voted the Brown opinion as one of the top fifteen documents in U.S. history. As I conducted my unscientific survey I waited for my data to change and demonstrate a wider recognition of Brown. This never happened. I found it alarming that none of the twelve young people surveyed could recall even a mention of Brown in the U.S. history curriculum they had experienced. I also feel that it is worth mentioning that 19 of the 105 people surveyed mentioned the current U.P.S. advertising campaign, utilizing the term "brown." This indicates that over fifty percent more people recalled this ad campaign than recalled the historic case. It is important to consider this data however unscientific it may be. Perhaps, the demographics of the population I surveyed vary greatly from those who participated in the National Archives survey. On the other hand, perhaps there is a far smaller public recognition of the historic case than many would like to acknowledge. It may be important to address this lack of education regarding Brown in order to both preserve and build on its promises. How can Americans act as appropriate stewards of a promise of which they know too little?

Television Program

The State of the Black Union: "Strengthening of the Black Family: Preserving the African-American Imprint on America." C-SPAN. 28 February 2004.
      This panel discussion included speakers such as Marva Collins, Myrlie Evers-Williams, and Orlando Patterson. They discussed many topics, most interesting to me was their discussion on the legacy of Brown in the black community that included some debate over the competing interests of equalization and integration.

Video Cassettes

Eyes on the Prize I: Episode 1. Director Judith Vecchione. PBS Video, 1987.
      This series of videocassettes, "Eyes on the Prize I and II," uses archived films and interviews of people involved in these events, making them primary sources. The Brown decision was meant to equalize the opportunities of black and white children. It stirred a huge amount of resentment in whites living in the south. For the black population, it was viewed as a first step in achieving true equality between the races. Bus boycotts, sit-ins and marches followed in an attempt to gain equality.

Eyes on the Prize I: Episode 2. Director Judith Vecchione. PBS Video, 1987.
      The Brown decision led to the integration of Little Rock's Central High School. The courage of these students is regarded as one the key ingredients of the Civil Rights Movement. On May 29, 1958, 601 white students and one black student, Ernest Green, graduated from Central High School. The following school year, Governor Faubus ordered all public high schools to close in order to avoid integration. In Virginia, Governor Almond closed many public schools as a means of rejecting integration. Federal courts continued to rule that resistance was illegal. In the fall of 1960, four black girls were sent to a white first grade class in New Orleans resulting in a citywide riot. Desegregation had become a part of political life.

Eyes on the Prize II: Episode 1 The Time has Come. Directors James A. Devinney and Madison Davis Lucy, Jr. PBS Video, 1992.
      This video further illustrates the far reaching effects of Brown and the emotions it inspired in the black community. Martin Luther King, Jr., Malcolm X and John Lewis emerged as leaders who united their communities into pushing for the equality that they rightfully deserved.

Eyes on the Prize II: Episode 2 Power! Directors Louis J. Massiah and Terry Kay Rockefeller. PBS Video, 1992.
      Due to the white resistance stemming from the Brown decision, the NAACP was forced to close its offices in several cities, including Montgomery and Little Rock. Many whites believed that mobs and violence could prevent blacks from entering public schools and defied court orders to cease the violence. President Eisenhower stated that the integration ordered in the Brown decision needed time for implementation, thus echoing the sentiment of many in the nation.

Eyes on the Prize II: The Keys to the Kingdom. Directors Jacqueline Sheaver and Paul Stekler. PBS Video, 1992.
      In the 1960's, busing was ordered in the city of Boston in order to facilitate desegregation. Black parents greeted the handful of white students who arrived at Box High School. On the other side of town, angry white parents formed mobs in protest of the integration. In the 70's, visible progress was made in Atlanta as Maynard Jackson was elected as the city's first black mayor.

Figures in the Civil Rights Movement: Sit-Ins and the Little Rock Nine. Director Allison Davenport. Films for the Humanities and Sciences, 1999.
      This primary source video introduced several individuals involved in the sit-ins and in the integration of Central High School. Diane Nash had grown up in the north, but moved south as a university student. It was her first time experiencing segregation. She became instrumental in organizing sit-ins. John Lewis, now a representative in the U.S. Congress, was a Freedom Rider, one of his jobs was to exit the bus first and bear the brunt of the physical and verbal attacks. Paul LaProd, a white man, was empathetic to the situation faced by blacks and joined the Freedom Rides. These people spent months studying the nonviolent teachings of Mahatma Ghandi. On February 13, 1960, the first sit-in was staged at Woolworth's in Nashville, Tennessee. Several of the future sit-ins ended in violent attacks against the students. Eventually the blacks were allowed to eat next to whites in Nashville, which encouraged sit-ins in other states. The school board of Little Rock, Arkansas implemented a plan to comply with the Brown decision and in the fall of 1957, began integration. The blacks students integrating Central High were known as the "Little Rock Nine" and on their first day of class were met with an angry mob and troops who had been ordered by Governor Faubus to block their entry. President Eisenhower later ordered the 101^st Airborne soldiers to protect the students. These students still faced daily attacks as described by one woman who still recalls sitting on a chair that had been covered with glass and peanut butter. Recalling her experiences after some forty years, Melba Patillo Beals felt as if her youth and innocence had ended, but she would do it again rather than face the alternative, living under oppression.

The Lemon Grove Incident. Director Frank Christopher. KPBS-TV, 1985.
      In this video, filmed in 1985, I watched interviews of and discussions among, a number of people who were students in Lemon Grove, California in the 1930-31 school year with a dramatic recreation of the events leading up to the "Lemon Grove Incident." In response to pressure from white parents, as well as their own racist and segregationist leanings, the school board decides to convert a barn on Olive St. into a school for Latino students thus segregating public education in Lemon Grove. The Latino parents fight against the new plan in the Superior Court of San Diego County. The parents win. The results in Lemon Grove helped defeat the Bliss Bill, an attempt to redefine Mexicans as Indians to facilitate legal segregation in the California legislature. Educational segregation of Mexican-American students continued in parts of California until 1947. In that year, five Mexican-American parents in Santa Ana, California won a state wide ruling prohibiting the segregation of Mexican American kids. This video makes it clear that segregation in public schools was not limited to the South nor was it limited to blacks and whites. The Lemon Grove incident is representative of similar circumstances that played out in other school districts in the Southwest involving Mexican Americans, Native Americans and Asian Americans. The 1985 interviews and discussions shed light on the individual and personal perspectives of the kids involved in these struggles. Those interviewed made it clear that they suffered not only in material and tangible measures but also in intangible ones, describing the emotional scars segregation inflicts on children.

The Story of American Public Education: The Common School, 1770-1890. Director Sarah Mondale. Films for the Humanities and Sciences, 2001.
      This video series is a documentary depicting the development of public education in America. As one of the nation's founding fathers, Thomas Jefferson, emphasized the need for education for almost all Americans in order for democracy to survive. His plan called for 3 years of schooling for girls, no schooling for slaves, and at least seven years for boys. Horace Mann was a crusader for the education of all children with tax money. He proposed the Common School. Northern states enacted tax funded education citing its leveling effect. In 1837, the annual spending per student in Massachusetts was $2.81. Many conflicts arose in public schools over race and religion. Opposition came from racial prejudice and fear of taxes.

The Story of American Public Education: As American as Public Schools, 1900-1950. Director Sarah Mondale. Films for the Humanities and Sciences, 2001.
      Massive immigration increased school attendance and greatly transformed public education. The style of teaching was changing to accommodate different ethnicities. African Americans were segregated, continuing the dual school system.

The Story of American Public Education: A Struggle for Educational Equality, 1950-1980. Director Sarah Mondale. Films for the Humanities and Sciences, 2001.
      Actual filmed footage of segregated schools was shown, exploring the inequities encountered as a result of segregation. Appeals for children to attend closer and higher quality public schools were met with claims of "separate but equal" by school boards. The NAACP fought for desegregation on the grounds that "separate but equal" is unequal. Following the Brown decision many northern cities saw "white flight" from the cities to the suburbs to avoid desegregation and thus segregation continued.

Primary Sources

Articles

"Background Overview and Summary." 18 January 2000. Brown v. Board of Education Orientation Handbook 29 December 2003 <http://brownvboard.org/Research/handbook>.
      This helped me to understand the development of the National Association for the Advancement of Colored People, NAACP, which was founded in 1908. This organization led the quest toward equality in education at all levels. Its members provided funding, through its Legal Defense Fund, support and legal expertise. Charles Hamilton Houston, Dean of Howard Law School, led many of the earlier cases in which the NAACP was involved. Having died in 1950, he left Thurgood Marshall as the chief planner of the strategy to end segregation. Marshall successfully led the fight when, on May 17^th, 1954, the United States Supreme Court issued a unanimous decision stating that segregation was unconstitutional as it was in violation of the Fourteenth Amendment. The Brown decision helped launch the Civil Rights Movement.

"Brown v. Board of Education, Issue: Racial Segregation in Public Schools" 29 December 2003 <http://www.pbs.org/jefferson/enlight/brown.htm>.
      Thomas Jefferson, in the Declaration of Independence stated that, "all men are created equal." He believed in universal education for all citizens. Yet Jefferson's ownership of slaves ran contrary to this belief. This same contradiction was symbolic of the national inconsistency between slavery and the principles of a growing, representative democracy. This inconsistency would live beyond a bloody civil war and even beyond Brown. After the iconic Supreme Court decision, forbidding de jure school segregation, the United States would endure bloody battles over race relations as a whole, not just in schools. Brown, not the Fourteenth Amendment, addresses the de facto school segregation that comes with white flight and other socioeconomic factors. This article goes beyond providing facts and historical background concluding with questions forcing the reader to consider the legacy of Brown today.

Dale, Charles V. "The University of Michigan Affirmative Action Cases: Racial Diversity in Higher Education." July 15, 2003.
      This article outlines the ongoing debate over the interpretation of the Constitution, specifically the Fourteenth Amendment regarding affirmative action. To conclude its 2002-03 term the United States Supreme Court handed down rulings in the University of Michigan affirmative action cases.

DSEA. October 2003. 29 December 2003 <http://www.dsea.org/action/brownvboard.htm>.
      The Supreme Court, via the Brown decision, upheld the Constitution's promise of liberty and equal opportunity by ending the practice of "separate but equal." The decision in Brown v. Board of Education of Topeka, Kansas dismantled the legal basis of segregation. Almost five decades after the decision, Cheryl Brown Henderson, whose father, Oliver, is the Brown in the case's title, says that Brown was about race relations not just schools. As a result of this decision, society was integrated at a faster rate. She credits the Court's decision, based on its interpretation of the Fourteenth Amendment, as ending the era of states' rights. Kansas was viewed as being progressive, offering equal facilities, salaries and qualifications. Equal access is what Kansas lacked. The Brown decision impacted foreign policy. One important consideration in having a unanimous decision was to strengthen the national moral conscience while gaining global credibility.

Hendrie, Caroline. "In Black and White." March 24, 1999. Education Week on the Web Vol. 18. 29 December 2003 <http://www.edweek.org>.
      The 1954 Brown decision is seen as a dividing point in public education. Before 1954 a system of separation by race existed which led to an inferior education for millions of black children. Since 1954, many struggles have taken place to end segregation in hopes of a better education for all children. This gives a historical account of the judicial involvement in school desegregation beginning with Cumming v. Richmond County Board of Education that was the first time the Supreme Court heard an argument directly confronting racial discrimination in schools. In the South many states legally required segregated schools. In the 1930's, the NAACP began to plan strategy to challenge this inequality. Initially they fought the exclusion of blacks from public graduate and professional schools along with the significantly lower salaries received by black teachers. In 1938, the Supreme Court ruled that Missouri's failure to provide a law school for blacks was unconstitutional. In 1939, the Court upheld a ruling that ended race-based salary differentials in Virginia. The NAACP continued to fight cases challenging the dual systems on the basis of "separate but equal," which gave white students far better schools. In 1950, they were encouraged by a Supreme Court decision concerning university cases in Texas and Oklahoma in which the Court cited the "intangible" qualities, such as student interaction and reputation of a school. From this, the NAACP felt the time had come to attack school segregation at all levels from kindergarten through college. Forty five years after the Brown decision, divisions are evident over the interpretations of the decision including its meaning to explicitly prohibit race-conscious school policies or to require the attainment of racial balance.

Jost, Kenneth. "Rethinking School Integration." The CQ Researcher 18 Oct. 1996.
      This 1996 report focuses on contemporary trends towards school resegregation and examines the surrounding issues. Specifically addressed are, the role of the courts in remedying de facto school resegregation; the benefits and drawbacks of desegregated schools versus segregated schools; and the effectiveness of existing plans. The report provides background information on the events leading to and following the Brown decision, paying significant attention to the issue of busing. The statistics and polling data in the report provide a clear picture of the status of school desegregation in the 1990's.

Lewis, Anne C. "A Continuing American Dilemma." Washington Commentary December, 2003.
      December 7^th, 2003 was the fiftieth anniversary of the final three days of arguments in what would be a socially historic decision. The author presents the view that the country has been battling its own hypocrisies concerning race for the last fifty years. In attempting to desegregate, the country has experienced more lawsuits, "watered-down" curricula, ability tracking, multicultural initiatives, resegregation, special educational programs, and federally appointed master plans such as the recent No Child Left Behind Act. A Harvard professor, Mica Pollock, expresses the idea that many educators acknowledge that different races learn in different ways, but would rather ignore further exploration or potential solutions.

Lewis, Anthony. "A Time to Celebrate." May 13, 1974, New York Times 7 May 2004 <http://pqasb.pqarchiver.com/nytimes/79659415.html>.
      Twenty years after Brown Lewis looks back and decides that the United States had become "a different country." In contrast to his 1964 piece (please see annotation on page 16), Lewis describes a growing skepticism in the United States. He points out that the Court's decision in Brown was based on the relatively straight-forward issue of de jure segregation not "all the profound problems of inequality that arise among human beings because of their own abilities, prejudices, advantages, deprivations." Lewis states that Brown paved the way for increased legal action to redress grievances.

Lewis, Anthony. "Brown v. Board." May 16, 1994, New York Times 7 May 2004 <http://pqasb.pqarchiver.com/nytimes/116603666.html>.
      Lewis acknowledges the paradox that accompanied a celebration of Brown's fortieth anniversary. He states that given the fact that blacks still suffer enormous disadvantages it is easy to question Brown's effectiveness. For example "too many black American children are born into a ghetto life that stacks the odds overwhelmingly against them." However he points out how far America has come in terms of race since the 1954 decision. A black person can register to vote without risking "his job, his home, his life." There are nearly 7,000 black elected officials in the South alone, and 40 black members of the United States Congress. Lewis concludes with a reminder of both how far America has come and how far she has to go.

Orfield, Gary, and Chungmei Lee. "Brown At 50: King's Dream or Plessy's Nightmare?" The Civil Rights Project January 2004. Harvard University. 15 February 2004 <www.civilrightsproject.harvard.edu>.
      In this report the authors emphasize that resegregation in public schools is taking place. They also make suggestions that would potentially offset this trend. This report also presents facts, figures and graphs to illustrate the data found.

Phillips, Susan. "Racial Tensions In Schools." The CQ Researcher 7 Jan. 1994.
      This report focuses on the troubling issue of racial tensions, particularly among blacks and whites, in America's schools. The report raises the question of whether or not the noticeable increase in such tension is an unfortunate chapter in the legacy of Brown. Also considered is whether or not "self selecting," or voluntary segregation, within schools increases because of tension thus further subverting the ideals of integration. Increased racial tensions and voluntary segregation may have a negative impact on learning, academic performance, and social development. If this relationship exists, what direction should our nation's schools take?

Sheppard, Nathaniel, Jr. "Blacks Trying to Reopen Historic 1954 School Case." New York Times 3 May 2004 <http://pqasb.pqarchiver.com/nytimes/111058629.html>.
      Sheppard describes the state of school desegregation in Topeka, Kansas twenty-five years after Brown. Sadly, the district's schools remain largely segregated. For example while twenty-two percent of the district's students are minorities, one of Topeka's three high schools has only a five percent minority population. These circumstances have led Linda Brown Smith, whose father Oliver Brown was the original Brown plaintiff, along with seven other parents to ask the Federal District Court in Topeka to reopen the historic case. The parents' petition states that the district "'currently maintains and operates racially segregated schools.'" The petition also claims that the district actively fosters school segregation.

Walsh, Mark. "Brown Panel Seeks to Stir Passion for History, Civil Rights." 20 November 2002. Education Week 29 December 2003 <http://www.edweek.org>.
      Members from the five jurisdictions who had a case under the Brown umbrella are to have representatives on the twenty-two member commission designed to orchestrate events in memory of the fiftieth anniversary of Brown. The commission, created by Congress, is attempting to tackle the dilemma of showing children the importance, significance and impact of the momentous decision made on May 17^th, 1954.

Books

Balkin, Jack M., editor. What "Brown v. Board of Education" Should Have Said: The Nation's Top Legal Experts Rewrite America's Landmark Civil Rights Decision. New York: New York University Press, 2001.
      Balkin asked a group of constitutional scholars to rewrite the opinion in Brown. Balkin wrote the majority opinion. The other opinions ranged from concurring in total to concurring in part with one dissenting opinion. The majority of contributors agreed with the basic premise of overturning Plessy's "separate but equal," but used different constitutional logic to reach their opinions. It is important to note that the contributors acknowledged the fact that Earl Warren's opinion, flawed as it may be, was a product of the time and circumstances under which he acted.

Banfield, Susan. The Bakke Case Quotas in College Admissions. New Jersey: Enslow Publishers, Inc., 1998.
      The Bakke case illustrates the often undecided and very controversial legacy of Brown. After twice being denied admission to the University of California at Davis School of Medicine, Allan Bakke discovered that the school saved sixteen out of the one hundred available spaces for members of disadvantaged racial minorities. Feeling that this violated his rights under the Equal Protection Clause of the Fourteenth Amendment, Bakke challenged the policy in court. The case eventually landed in the Supreme Court forcing the justices to issue the most significant opinion to date on affirmative action. The opinions rendered demonstrated the division among the justices. As an individual Bakke was granted admission to the school but the justices acknowledged the constitutionality of the consideration of race as one factor in determining acceptance. Thurgood Marshall concurred in part and dissented in part. He pointed out that many blacks had not seen the anticipated benefits of the Brown decision and that affirmative action was an appropriate remedy.

Baum, Lawrence. The Supreme Court. Washington D.C.: The Congressional Quarterly Inc., 1998.
      The Supreme Court makes its decisions within the legal framework of the Constitution, while interpreting existing law. It is both a legal and political institution. The Constitution provides a written basis for challenging government actions and their legality. The Supreme Court is limited by the relatively few decisions it makes each year, by exercising judicial restraint and the extent to which other governmental institutions implements the Court's decisions. From the 1930's to the present the Supreme Court has consistently held a collective interest in addressing civil liberty issues even though its general position has varied a great deal.

Belton, Robert. "Segregation, Legal Aspects." Encyclopedia of Education: Second Edition. 2002.
      The American legal system has been extremely influential in the "creation, maintenance and elimination of segregation in public education." The Supreme Court has held the major role in deciding legal educational issues. In 1865 the Thirteenth Amendment was ratified abolishing slavery. In 1868 the Fourteenth Amendment was ratified providing equal protection under the law, guaranteeing civil rights and liberties to all citizens. The Constitution of the United States does not explicitly mandate that governments, federal or state, provide an education to any individual. I learned that it is the Fourteenth Amendment that has been interpreted (in Brown) to require any state that provides public education to make it available to all regardless of race. Slavery gave rise to educational racial segregation as the common belief was that whites were superior to blacks. The first legal case to challenge the prevalent educational doctrine of "separate but equal" was Roberts v. City of Boston in 1849. The Massachusetts court held that the doctrine was "a reasonable and nondiscriminatory exercise of power." The United States Supreme Court would later use Roberts as precedent in deciding Plessy v. Ferguson. This article continues to detail the history of the legal struggle for school desegregation in cases such as Dred Scott v. Sanford (1857), Plessy v. Ferguson (1896), Gong Lum v. Rice (1927), Cumming v. Richmond Board of Education, Briggs v. Elliot, Brown I and II, Green v. School Board of New Kent County (1968), Alexander v. Holmes County Board of Education (1969), Board of Education of Oklahoma City Public Schools v. Dowell, Freeman v. Pitts, Missouri v. Jenkins, and United States v. Fordice.

Branch, Taylor. Parting the Waters America in the King Years 1954-63. U.S.A.: Touchstone, 1988.
      The author explores the position of Brown in the context of the larger civil rights movement. Movement leaders and activists would hold events, such as the 1957 Prayer Pilgrimage, to mark the anniversaries of the Brown decision. The book also discusses the role of high school student Barbara Johns in the Virginia case under the Brown consolidation and the lengthy, heated resistance of white officials in Virginia to comply with the Brown mandate to desegregate. One example, in particular, conveys the hope and promise felt by blacks after hearing the Brown decision. In Virginia, two ministers pulled over to the side of the highway after listening to the radio broadcast announcing the decision. They knelt on the side of the road to offer a prayer of thanks.

Carrow, David J. Bearing the Cross, Martin Luther King Jr. and the Southern Christian Leadership Conference. New York: Random House, 1986.
      This book helps to place Brown in the context of the larger civil rights movement. It describes the events that took place to commemorate the anniversaries of the Brown decision. These commemorations served not only to mark the date itself but also to mobilize and inspire people in the civil rights movement. It is interesting to consider how the upcoming fiftieth anniversary might fit into this tradition.

Cottrol, Robert J., Raymond T. Diamond, and Leland B. Ware. Brown v. Board of Education Caste, Culture and the Constitution. U.S.A.: University Press of Kansas, 2003.
      The authors define race relations in the United States as a caste system albeit one to which many involved do not give their consent. The system exists not only in theory and belief but also in legal mandate through the Constitution, state and federal law and legal decisions such as Plessy. The Brown decision was one step in dismantling the caste system by eliminating the legal mandate. The Brown decision did more than end the legal doctrine of "separate but equal," it impacted race relations in the United States, helped to shape and launch the modern civil rights movement, and established an enduring legacy of judicial activism. The authors conclude with the compelling question of Brown's true impact.

Dudley, Mark E. Brown v. Board of Education School Desegregation . Ontario, Canada: Fitzhenry and Whiteside, Ltd., 1994.
      This book highlighted the chain of events leading up to and following Brown. Most importantly, it better clarified the many struggles experienced by the people in various cities on their quests to integrate, or maintain a segregated school system.

Fireside, Harvey, and Betsy Fuller. Brown v. Board of Education Equal Schooling for All. New Jersey: Enslow Publishers, Inc., 1994.
      Oliver Brown attempted to enroll his daughter, Linda, at the neighborhood elementary school. She was denied entrance because she was black. He, along with other families, filed a suit against the Board of Education of Topeka, Kansas. The case was eventually joined together with cases from three other states and the District of Columbia and was heard by the Supreme Court. The NAACP LDF argued the case.

Fireside, Harvey. Plessy v. Ferguson New Jersey: Enslow Publishers, Inc., 1997.
      On June 7, 1892, Homer A. Plessy was arrested for refusing to move from the white section of a train. He was seven-eighths white and one-eighth black, which according to Louisiana law, prohibited him from riding in the white section. The case made its way to the Supreme Court which ruled in favor of the state of Louisiana, thereby upholding the practice of "separate but equal" as constitutional.

Garner, Bryan A., editor. Black's Law Dictionary: Seventh Edition. St. Paul, Minnesota: West Group, 1999.
      I learned about terms such as amicus curiae, certiorari, de facto, de jure and writ.

Goodwin, Richard N. Remembering America: A Voice from the 60's, New York: Harper & Row, 1988.
      During the Supreme Court arguments of Brown v. Board the Chief Justice, Earl Warren, waited for the justices to reach a unanimous decision. Justice Robert Jackson was the last to hold out. Warren delivered the opinion on behalf of the "Warren Court." The enforcement of the decision was extremely difficult. It was not the job of the court to enforce, but up to Congress and the President. President Eisenhower did not support desegregation and thus was reluctant to enforce the decision. Later under the Kennedy and Johnson administrations, the Department of Justice was more active in enforcement but their actions were still constrained by politics.

Herda, D.J. The Dred Scott Case: Slavery and Citizenship. New Jersey: Enslow Publishers, Inc. 1994.
      The Dred Scott case set an enormous precedent for future Supreme Court decisions. The justices ruled that the Missouri Compromise was unconstitutional. This further encouraged the determination of southerners to uphold slavery while enraging northern abolitionists. By the time the Supreme Court had ruled against Dred Scott's plea for freedom, the case had drawn an enormous amount of attention that further divided the nation.

Hudson, David L. Jr. The Fourteenth Amendment: Equal Protection Under Law. U.S.A.: Enslow Publishers, Inc. 2002.
      The Fourteenth Amendment, ratified in 1868, was considered to be a second Bill of Rights. The first ten amendments, known as the Bill of Rights, were written to ensure that the rights of the individual, or civil liberties, were protected and ensured in spite of changing political views. The Bill of Rights restrained the powers of the federal government, but not explicitly the states' government powers. The Fourteenth Amendment was added to ensure that all American citizens receive equal protection, especially blacks. The Fourteenth Amendment became the basis of claims for desegregation in schools, and other facets of life, brought by the NAACP. From the time of the Fourteenth Amendment's ratification in 1868, people sought to use the Fourteenth Amendment as the basis for incorporation of the Bill of Rights to apply to the states.

Irons, Peter. A People's History of the Supreme Court. U.S.A.: Viking, 1999.
      Irons goes into great detail discussing the five individual cases that formed Brown v. Board of Education. The NAACP began to carry out a series of well-planned lawsuits with their goal being to strike down the dual-school system in the South. This book gives insight into the inner workings of the Supreme Court and the personal exchanges and compromises that give rise to judicial decisions and constitutional interpretations.

Irons, Peter. Jim Crow's Children: The Broken Promise of the Brown Decision. U.S.A.:Viking, 2002.
      Irons provides a summary of the legal struggle for school desegregation beginning with the Roberts case in 1849 and continuing through today. He points out that the lengthy history of segregation will not be easily overcome and that its lasting effects still mark all children. Irons questions where the path of school desegregation will go next.

Jackson, Cynthia L. African American Education. U.S.A.: ABC-CLIO, Inc., 2001.
      This revisits several Supreme Court decisions since Brown illustrating the back and forth dilemma that the implementation of desegregation in public education has posed. The author observed blatant noncompliance, undermining and reluctance in so-called efforts to desegregate. Jackson believes that black children were unequally made to compromise, such as being asked to leave their neighborhoods. At the end of the twentieth century the majority of educational opportunities were found in predominantly white settings which failed to acknowledge black culture and, thereby, individual identity. Reasons given for the failure of desegregation include the absence of blacks in the role of defining desegregation. The result was desegregation being something that was "done to blacks and not for blacks."

Jones, Leon. From Brown to Boston: Desegregation in Education, 1955-1974. New Jersey: Scarecrow Press, 1979.
      In this overview, Jones stresses the negative effects of school desegregation on the average black student. For example, a 1974 survey of 2,908 school systems by the Department of Health, Education and Welfare showed that black students were suspended from schools twice as often as white students. Further, black students represented 27% of the total number of students in these systems yet received 42% of all suspensions and 37% of all expulsions. The emphasis for desegregation has been focused on the South, perhaps due to their long and flagrant history of holding beliefs of "white supremacy." This has served to slow down desegregation in the North and West and Jones cites this "lack of pressure" as the reason for the slow progress. His conclusion is that the effects of Brown on black school children have been negative.

Kluger, Richard. Simple Justice. New York: Vintage Books, 2004.
      This is perhaps the most comprehensive account of the events of, people involved in and details surrounding the Brown cases. It is a seemingly infinite supply of facts and information gathered from countless interviews and primary source documents. Kluger tells the story of hundreds of participants, known and unknown, involved in the five consolidated cases. This book, written near the nation's bicentennial, represents a body of literature that views Brown with optimism. Kluger acknowledges the long distance left to travel to achieve integration yet feels that the distance will be traversed. He cites the gains, in terms of integration, made in the arena of popular culture. Kluger sees the hopeful promise of Brown as being within the reach of our national grasp. It is interesting to consider whether Kluger would still express the same optimism today. In this edition, published this year to commemorate Brown's fiftieth anniversary and comment on its legacy to date, Kluger has added a new final chapter. In it he states his belief that in order to see Brown's legacy fulfilled "Americans of every variety [must] acknowledge that what separates them is small change when counted against all they hold in common."

Kotlowitz, Alex. There Are No Children Here. U.S.A.: Doubleday, 1991.
      Kotlowitz chronicles the lives of Lafeyette and Pharoah Rivers, two young black boys growing up in Chicago's inner city. He details not only the poor quality of education the boys receive at a public elementary school but also the detrimental experience the boys have interacting with the social welfare system on all levels. In fact, Kotlowitz became so emotionally involved with the two boys that he financed their educations at a private school. This book illustrates how easily inner city school children can and do fall through the cracks of a system designed to sustain and educate them. The question arises, was this one of the negative results anticipated by Justice Felix Frankfurter?

Ogletree, Charles J., Jr. All Deliberate Speed. New York: W.W. Norton and Company, 2004.
      In this fiftieth anniversary analysis, Ogletree explores the influence of Brown on his life and educational opportunities, as well as the impact of the decision on the nation as a whole. He has the unique perspective of being a black man who grew up with both the promises and realities of Brown. Although Ogletree states that his higher educational opportunities greatly benefited from the Brown decision, he believes that it would have been more beneficial if Chief Justice Warren had used stronger wording in his opinion and given a remedy at the time the decision was handed down. He draws a comparison between Warren's words and those of President Abraham Lincoln in his second inaugural address. Ogletree concludes with an expression of hope that America is capable of fulfilling Brown's legacy.

Orfield, Gary, and Susan Eaton. Dismantling Desegregation: The Quiet Reversal Of Brown v. Board of Education. New York: New Press, 1996.
      Orfield and Eaton document the recent trend away from desegregation and towards resegregation in America's public schools. The authors comment on the tangible as well as intangible benefits of integrated education. They also suggest various policy means to achieve desegregation.

Pacelle, Richard L. Jr. The Role of the Supreme Court in American Politics, the Least Dangerous Branch? U.S.: Westview Press, 2002.
      Pacelle explored background information on the Supreme Court and the varying opinions concerning the question of the Court's possible overstepping of its boundaries. Some critics feel that the Supreme Court is becoming too involved in policy-making rather than interpreting the Constitution. Others feel that the Supreme Court should rule unaffected by the other branches of government, with its goal being to do what it sees as best for the country or the persons involved in each case.

Powell, Gloria J. Black Monday's Children A Study of the Effects of School Desegregation on Self-Concept of Southern Children. U.S.A.: Meredith Corporation, 1973.
      Powell conducted a study to examine the effects of school life, and school desegregation in particular, on the emotional development of children both black and white. She studied black and white students in 7^th, 8^th and 9^th grade in three Southern cities. Powell wanted to determine the impact of the Brown mandate on individual children. She distinguished integration from desegregation. She stated that segregation violates the promise of America and that it illustrates the gap between American ideals and realities. Notably Powell concluded that black students displayed higher levels of self-esteem in segregated schools. In the modern era, with its resegregation trends, it is interesting to consider Powell's results.

Raffel, Jeffrey, editor. Historical Dictionary of School Segregation and Desegregation. Connecticut: Greenwood Press, 1998.
      This lexicon helped me to understand many of the terms, cases and decisions associated with a study of Brown such as "all deliberate speed," Bolling v. Sharpe, Briggs v. Elliott, busing, Civil Rights Act of 1964, dual system, freedom of choice, NAACP, pupil placement laws, "separate but equal," unitary system, George Wallace, Earl Warren, Warren Court and voluntary plan.

Schwartz, A History of the Supreme Court. New York: Oxford University Press, 1993.
      The Warren Court era, 1953-1969, is considered the second greatest period in American law. Its objective was to interpret issues in a rapidly changing society in relation to the Constitution. Earl Warren, named as Chief Justice in 1953 to replace Fred Vinson, used leadership skills that enabled him to secure a unanimous decision in Brown. Justice Felix Frankfurter and his law clerk, Alexander Bickel, researched the original intent of the Fourteenth Amendment. After months of research, the two men concluded that the legislative history of the amendment was inconclusive in its intent to outlaw or not outlaw segregation. This conclusion became the first point in the Brown decision. Warren believed that to sustain segregation on the basis of Plessy would be to affirm the inferiority of blacks. Warren did secure affirmative votes from all the justices by allowing for flexibility over "immediate desegregation concerns" and keeping the Court out of the decision's direct enforcement. Great secrecy was practiced between the time of the vote and the reading of the opinion to prevent leaking of the decision. Warren wrote the Brown opinion. The decision for the four states was made under the Equal Protection Clause of the Fourteenth Amendment while the District of Columbia decision was made under the Due Process Clause of the Fifth Amendment. The emotions surrounding the reading of the opinion when Warren added the word, "unanimously," were conveyed as nobody had realized that he had achieved a unanimous decision. Although the Brown decision specifically addressed public schools it led to the desegregation of other public institutions such as parks, beaches, restaurants and stores. Forty years after the decision it is viewed as one of the most historic decisions in United States history.

Suskind, Ron. A Hope In the Unseen. New York: Broadway Books, 1998.
      Suskind's account of the journey of Cedric Jennings, a young black man, from the inner city of Washington D.C., to the Ivy League's Brown University, exemplifies the broken promises of the Brown decision.

Tackach, James. Brown v. Board of Education. San Diego: Lucent Books, Inc., 1998.
      This book includes a timeline covering the period from 1865, when the Thirteenth Amendment was ratified freeing slaves, to 1965 when President Johnson signed the Voting Rights Act. It also points out that the Brown decision outlawed mandated segregation but did not address integration. Could a Supreme Court decision mandate integration? Does the Court have a constitutional prerogative to act in such a manner? In Green v. County School Board of Kent County and Alexander v. Holmes County Board of Education, the Court did address the need for schools to reflect the ethnic diversity of the community as well as the immediate need for action. In Swann v. Charlotte-Mecklenburg Board of Education the Court upheld a busing plan to achieve integration. These decisions were followed by an increasing number of white families leaving inner cities, commonly referred to as "white flight."

Tushnet, Mark V. Brown v. Board of Education, The Battle for Integration. U.S.A.: Grolier Publishing, 1995.
      This book provides illustrations of key figures on the road to desegregation as well as gives an in depth analysis of the lower court cases that were grouped together under the title of Brown v. Board of Education of Topeka, Kansas. One of the first major problems decided in a federal court was determining what type of segregation existed in certain areas, de facto, due to choice of residence, or de jure, which is legally mandated. Various methods of desegregation are explored with busing emerging as a leading choice. Busing is one choice that has at times been met with harsh opposition and is still a source of debate.

Wollenberg, Charles M. All Deliberate Speed: Segregation and Exclusion in California Schools. Los Angeles: University of California Press, 1976.
      Wollenberg's book sheds light on how long the struggle for school desegregation has been waged in California. As neither a southern nor northern state, yet one of the nation's most racially diverse, California is an interesting case study in school desegregation. This is particularly relevant today as school resegregation is on the rise not merely among whites and blacks but among whites, blacks and Latinos, California's fastest growing ethnic group. Wollenberg stresses that minorities are not merely small groups of people who have been "trampled on" by society, but rather that they have unique cultures and heritages of their own. In California, court decisions concerning de jure segregation met little or no resistance. On the other hand, decisions regarding de facto segregation met resistance. As strong opposition to mandated busing grew, so did doubt that California courts could overcome segregation in public schools. De facto segregation was also more difficult to overcome because of "white flight" and other socioeconomic factors. De facto segregation continues to be the chief problem in terms of achieving integration in California schools today.

Wolters, Raymond. The Burden of Brown: Thirty Years of School Desegregation. Knoxville: University of Tennessee Press, 1984.
      The implementation of the Brown decision was carried out in drastically different ways. Wolters details the history of Brown's implementation in each of the five cases. Although Washington D.C., the city of origination of Bolling v. Sharpe, was the nation's first district to desegregate, it has been a continual struggle. In 1951 the student population of public schools in the District of Columbia consisted of 52.4% black children and 47.6% white children. In 1954, the District spent $240.27 per white student and $186.17 per black student. In 1981 the student population was 94.4% black children and 3.5% white children, appearing to be resegregated. This has chiefly been attributed to "white flight" from public schools. Overall, the public schools in the District of Columbia have seen an increase in violent acts and drug use in conjunction with a decrease in test scores. Administrators and teachers cite the difficulties students experienced responding to discipline from opposite race teachers. In 1975, Hugh Scott, a former superintendent, stated the need for large-scale changes in the environment as being necessary for the production of better results in schools. "Children in the District's public schools do poorly because so many of them come from impoverished homes, and they will continue to do poorly regardless of how the school system is reformed." In Prince Edward County, Virginia, desegregation was met with massive resistance. In 1959, the county withdrew financial support for the school district, and therefore saw the closure of public schools and the creation of private academies for white students. The ensuing four years provided no public education for black children. In 1964, public schools reopened to a widely black student population with segregation being maintained through the creation of a variation of the dual school system. In Summerton, South Carolina, desegregation was not required until 1965, and by 1969 only minimal desegregation had occurred. In Green v. New Kent County, in 1968, the Court mandated that southern school districts assign students in order to achieve proportional racial distribution. The majority of white students withdrew from the local public schools. In 1980, only one white student of 286 in the community was enrolled in a public school. The result of the ruling was "white flight" and resegregation. In New Castle County, Delaware, the main resistance to desegregation occurred in the city of Wilmington where blacks were more predominant. Academic and disciplinary standards fell resulting in middle and upper class families moving to the suburbs or transferring to private schools, producing a new dual school system. By 1975, 90% of public school students in the city of Wilmington were non-white while 90% in the rest of the county were white. The federal district court imposed a massive busing program over a 250 square mile area. Many families moved out of the desegregation area or enrolled their children in private schools. In Topeka, Kansas, the school board came up with a plan that satisfied the district court and was not challenged for twenty-four years. Topeka did not have dense populations of blacks. Topeka's desegregation plan assigned children to their neighborhood schools regardless of race. The district court maintained that desegregation meant that schools could not prohibit enrollment due to race. Eventually challenges were made calling for further desegregation, but Topeka did not experience the "white flight" and failures as occurred in the District of Columbia, Prince Edward County, Summerton or Wilmington. Wolters maintains that the "prohibition of official segregation has been a failure in four of the five Brown school districts." Those defending the Court's decision cite the framers of the Fourteenth Amendment's use of vague language such as "equal protection" to be interpreted in whatever way the Court wanted them to be interpreted. The opponents of Brown insist that the framers did not intend to outlaw segregation as they interjected their own personal idea of proper social policy. The Congress that ratified the Fourteenth Amendment also provided for segregated schools in the District of Columbia, which can be interpreted to indicate that the Equal Protection Clause did not prohibit segregation. Yet, the founding fathers made provisions for amending the Constitution in Article V, meaning they saw it as a living document.

Interviews

Irons, Peter. Personal interview. 20 May 2004.
      Peter Irons is a professor of political science at the University of California, San Diego where he is also the director of the Earl Warren Bill of Rights Project. He is a practicing civil rights attorney. In addition, Irons is an award-winning author whose most recent book, Jim Crow's Children, won the 2003 American Bar Association Silver Gavel Award. This book is a comprehensive and invaluable resource in any study of the Brown decision. A People's History of the Supreme Court, another of Irons' award-winning books, is also an excellent source of information. The audio collection, May It Please the Court, compiled by Irons helps develop a greater appreciation of the workings of the Court. Irons was deeply involved in the Civil Rights Movement. As a college student he joined the campus NAACP chapter and volunteered with the Student Non-Violent Coordinating Committee. He helped organize the 1963 March on Washington as an employee of the United Auto Workers. It was not until Irons was a student at Harvard Law School, studying the Brown opinions that he learned that his Delaware junior high school, Carrie Downie, was one of the segregated schools involved in the Brown cases. As both a student and professor in Boston, Irons recalls the violent and intense battles over busing in that city in the early 1970s and the frightening lack of action from Boston's political leaders. He views the 1974 Supreme Court decision in Milliken v. Bradley as a negative turning point in Brown's legacy. The case involved busing across district lines that would somewhat combine the student populations between Detroit's inner city and its suburbs. In a five to four decision the Court ruled that this was not an acceptable remedy to achieve integration. This made the suburbs "a safe haven for whites who did not want their children to attend school with blacks." Justice Thurgood Marshall wrote an eloquent dissent in the case bemoaning the deleterious impact the majority opinion would have on the future of integration. Irons also points out the increasing trends towards resegregation in U.S. schools. Matching the resegregation trends that began in the late 1980s, are widening gaps in student achievement levels. Every year since 1988, the gap in achievement by white students compared to that by their black and Hispanic counterparts has grown. In terms of Brown's legacy, Irons sees its most lasting impact as an overall attitude change regarding race in the United States. This attitudinal change has far surpassed any institutional change that was anticipated to accompany the decision. Like many others Irons shares the view that Brown's effects, in terms of integration, are most seen outside of American schools in places such as restaurants, hotels, and other public facilities. On a very intimate level, Irons feels that integration has been positive for all students. He recognizes the sacrifices made by minority students who leave their communities to attend school in more affluent, largely white neighborhoods. Despite the negative impact of tracking that often takes place at these schools Irons feels that the biggest benefit to the minority students comes in the form of higher teacher expectations that too often do not exist in inner city schools.

Lewis, Anthony. Personal interview. 13 May 2004.
      Anthony Lewis is a two-time Pulitzer Prize winning journalist. For over thirty years, he wrote a column titled "Abroad at Home" for the New York Times. Much of his work has been focused on the Supreme Court and constitutional issues about which he has also published several books. Mr. Lewis recalled the intense optimism surrounding the Brown decision saying, "Brown sent a lightning bolt of hope down from the Court. Prior to Brown blacks were relegated to separate and unequal facilities from the cradle to the grave." Under Jim Crow blacks were subjected to unspeakable violence, with over one hundred blacks being lynched each year in the United States. At the time of Brown only four percent of blacks in Mississippi were registered to vote, and only fourteen percent were registered in Alabama. Despite these enormous obstacles Lewis remarked on how he has always been impressed with the determination of blacks in the United States to achieve equality. In fact it is the equality and opportunity achieved by blacks since Brown, rather than the shortfalls of integration, that are the most accurate illustrations of the decision's legacy. Lewis pointed out the pivotal role played by the feelings of whites in achieving Brown's promise of equality, saying that whites must have a developed conscience that recognizes the rights of all people. He noted that, "our country is still marked by the scars of racismwith one fifth of the black living below the poverty line." Regardless of how far we have to travel as a country to achieve equality Lewis stated, "I emphatically disagree with those who say there has been no change since BrownI think there has been a revolution. Brown v. Board of Education of Topeka, Kansas made possible a revolution. The greatest achievement of Brown has not been in our schools but in our nation as a whole. This remains a race-conscious country but now most all of us know that racism is wrong and that is a huge improvement."

Television Program

Peter Irons. Jim Crow's Children: Broken Promise of Brown Decision. UCSD-TV. 19 January 2004.
      Irons, the author of Jim Crow's Children, talks about the book. In his lecture as well as the concluding question and answer session, Irons discusses the failures of desegregation efforts since Brown and the centuries long history of inferior education for blacks in the United States.

Videos

Simple Justice Volume 2. Director Helaine Head. Videocassette. New Images Productions, 1993.
      The "Simple Justice" videos are reenactments of the struggles that ultimately resulted in the Brown decision. The NAACP suffered defeat in Virginia, South Carolina, Delaware, and Kansas in their battle for equal educational opportunities. Some hope came from the opinion handed down in Topeka, Kansas as it stated that black schools were unequal and segregation did have a negative effect, but that the Plessy precedent could not be overruled on that judiciary level. The Supreme Court agreed to hear these four appeals, along with Bolling v. Sharpe from the District of Columbia. The four cases were consolidated into Brown v. Board of Education of Topeka, Kansas. Even though Brown did not come first alphabetically his name was selected over Harry Briggs to ease the pressure on the south.

Simple Justice Volume 3. Director Helaine Head. Videocassette. New Images Productions. 1993.
      This video recreated the strategy used by the NAACP, led by Thurgood Marshall, in the case which resulted in the Supreme Court's landmark Brown decision. Following the decision, one year was given to formulate plans to desegregate public schools. In 1955, the Supreme Court, in Brown II, ordered desegregation to proceed with "all deliberate speed.".

Notes

^1. One of the celebrations was the grand opening of the Brown v. Board of Education National Historic Site and fiftieth anniversary commemoration in Topeka, Kansas on May 17, 2004. 21 March 2004 <http://www.nps.gov/brvb/pphtml/eventdetail10643.html>.

^2. Another such celebration took place at the Smithsonian Institution's National Museum of American History on May 15, 2004 when the museum's new exhibit on Brown opened. 21 March 2004 <http://www.americanhistory.si.edu/brown/>.

^3. Brown v. Board of Education of Topeka, Kansas 347 U.S. 483 (1954).

^4. General Management Plan, Development Concept Plan, Interpretation, and Visitor Experience Plan, Brown v. Board of Education National Historic Site, August, 1996. The fact that the Brown v. Board of Education National Historic Site is the only such site dedicated to a Supreme Court case demonstrates the case's iconic status.

^5. Bolling v. Sharpe 347 U.S. 497 (1954).

^6. Brown v. Board of Education of Topeka, Shawnee County, Kansas 98 F. Supp. 797.

^7. Briggs v. Elliott 98 F. Supp. 529 (1951).

^8. Davis v. County School Board of Prince Edward County 103 F. Supp. 337.

^9. Belton v. Gebhart 347 U.S. 483 (1954).

^10. Jack Greenberg, Crusaders in the Courts (U.S.A.: Basic Books, 1994) 117-118.

^11. Jack Greenberg, Personal Notes from the NAACP Part II Legal Files Collection.

^12. The Story of American Public Education, Director Sarah Mondale. Films for the Humanities and Sciences, 2001.

^13. Charles Scott, Jr., telephone interview, 11 May 2004.

^14. Victoria Jean Benson, telephone interview, 10 May 2004.

^15. Maurita Burnett Davis, telephone interview, 10 May 2004.

^16. James Tackach, Brown v. Board of Education (San Diego: Lucent Books, 1998) 45-63.

^17. R. C. Hickman, Jim Crow Image Gallery, R.C. Hickman Personal Collection. 15 November 2003 <http://www.jimcrowhistory.org/scripts/jimcrow/gallery>.

^18. Cecil J. Williams, Jim Crow Image Gallery, Cecil J. Williams Personal Collection. 16 November 2003 <http://jimcrowhistory.org/scripts>.

^19. "Concerning the Effects of Racial Segregation," NAACP Papers, Library of Congress.

^20. McLaurin v. Oklahoma State Regents 339 U.S. 637 (1950).

^21. Sweatt v. Painter 339 U.S. 629 (1950).

^22. "Report and Review on Public School Segregation," NAACP Papers, Library of Congress, filed on 11/26/1952.

^23. For a complete transcription of the five questions please see Appendix A on page 14.

^24. Constance Baker Motley, "Memorandum to NAACP Staff and Conferees," September 25-28, 1953 Conferees, from the NAACP Part II Legal Files Collection.

^25. Peter Irons, A People's History of the Supreme Court (U.S.A.: Viking, 1999) 383-400.

^26. Chief Justice Earl Warren Papers, 1 February 2004 <http://memory.loc.gov>.

^27. Declaration of Independence, National Archives, Washington, D.C.

^28. "Born in Slavery, Slave Narratives," 1936-1938, A Federal Writers' Project, 20 January 2004 <http:www.memory.loc.gov/amen/snhtml/snhome.html>.

^29. Constitution of the United States of America, National Archives, Washington, D.C.

^30. A Sharecrop Contract, 1882. 11 December 2003 <http://www.toptags.com/aama/docs/sharecrop.htm>.

^31. Richard Kluger, Simple Justice (New York: Vintage Books, 2004) xi.

^32. Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857).

^33. Plessy v. Ferguson, 163 U.S. 537 (1896).

^34. "Plaintiffs and Parents," NAACP Papers, Library of Congress.

^35. Peter Irons, Jim Crow's Children: The Broken Promise of the Brown Decision (U.S.A.: Viking, 2002) 1-143.

^36. Dorothy Smith, personal interview, 13 May 2004.

^37. Robert J. Cottrol, Raymond T. Diamond, and Leland B. Ware, Brown v. Board of Education: Caste, Culture, and the Constitution (U.S.A.: University Press of Kansas, 2003) 4-5.

^38. Brown v. Board of Education of Topeka, Kansas 347 U.S. 483 (1954).

^39. Greenberg, 197.

^40. Irons, A People's History 393-393.

^41. "Brown v. Board of Education, Issue: Racial Segregation in Public Schools," 29 December 2003 <http://www.pbs.org/jefferson/enlight/brown.htm>.

^42. John Lewis, and Michael D'Orso, Walking With the Wind (New York: Simon and Schuster, 1998) 54.

^43. Anthony Lewis, personal interview, 13 May 2004.

^44. Brown v. Board of Education of Topeka, Kansas (Brown II), 349 U.S. 294 (1955).

^45. Jack M. Balkin, editor. What "Brown v. Board of Education" Should Have Said (New York: New York University Press, 2001) 25.

^46. Richard L. Pacelle, Jr. The Role of the Supreme Court in American Politics (U.S.A.: Westview Press, 2002) 159-160.

^47. David L. Hudson, Jr. The Fourteenth Amendment: Equal Protection Under Law (U.S.A.: Enslow Publishers, 2002) 51.

^48. Civil Rights Act of 1964 2 July 1964. 10 December 2003 <http:www.toptags.com/aama/docs/Act1964.htm>.

^49. Reverend George Walker Smith, personal interview, 13 May 2004.

^50. Taylor Branch, Parting the Waters: America in the King Years 1954-1963 (New York: Touchstone, 1998) 413.

^51. Melba Pattillo Beals, Warriors Don't Cry (New York: Pocket Books, 1994) 101.

^52. Martin E. Waldo, Jr., editor, Brown v. Board of Education: A Brief History with Documents (Boston: Bedford/St. Martin's, 1998) 220-223.

^53. The Mississippi Sovereignty Commission "Founding Charter Document," 1957. 11 December 2003 <http://www.toptags.com/aama/events/scommis.htm>.

^54. "Situation Report: Arkansas." 7 March 1958. <http://www.jimcrowhistory.org/resources>.

^55. Alfred Williams, The History of Jim Crow "Mr. Alfred Williams on the Desegregation of Clinton High School." 20 January 2004 <http://www.jimcrowhistory.org/resources/Narratives/Alfred_Williams.htm>.

^56. Greenberg, 255.

^57. Cooper v. Aaron 358 U.S. 1 (1958).

^58. Peter Irons and Stephanie Guitton, editors, May It Please the Court, Transcripts of 23 Live Recordings of Landmark Cases As Argued Before the Supreme Court (New York: The New Press, 1994).

^59. Griffin v. County School Board of Prince Edward County, 377 U.S. 218 (1964).

^60. Green v. School Board of New Kent County, Virginia, 391 U.S. 430 (1968).

^61. Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 (1971).

^62. Jack Greenberg, e-mail interview, 23 May 2004.

^63. Arthur Flemming, et al, "Fulfilling the Letter and Spirit of the Law: Desegregation of the Nation's Public Schools," U.S. Commission on Civil Rights, 1976: 293.

^64. Gary Orfield, and Chungmei Lee, "Brown at 50: King's Dream or Plessy's Nightmare?" The Civil Rights Project January 2004: 13-26, Harvard University, 15 February 2004 <http://www.civilrightsproject.harvard.edu>.

^65. Eyes on the Prize II: The Keys to the Kingdom, Directors Jacqueline Sheaver and Paul Stekler, PBS Video, 1992.

^66. Milliken v. Bradley (Milliken I), 418 U.S. 717 (1974).

^67. Dowell v. Oklahoma City School Board 498 U.S. 237 (1991).

^68. Freeman v. Pitts 503 U.S. 467 (1992).

^69. Missouri v. Jenkins 515 U.S. 70 (1995).

^70. Caroline Hendry, "In Black and White," March 24, 1999: 7-8, Education Week on the Web 29 December 2003 <http://www.edweek.org>.

^71. Balkin, 4.

^72. Kenneth Jost, "Rethinking School Integration," The CQ Researcher 18 October 1996: 925-929.

^73. Harold Brown, personal interview, 13 May 2004.

^74. "Words and Deeds in American History," April 8, 1955: Felix Frankfurter's Draft Decree to Enforce Brown v. Board, 22 February 2004 <http://www.loc.gov/exhibits/treasures/trr007html>.

^75. Beals, 310.

^76.Irons, Jim Crow's Children, 319.

^77. "Jim Crow's Children: Broken Promise of the Brown Decision," UCSD-TV, 19 January 2004.

^78. Peter Irons, personal interview, 20 May 2004.

^79. James T. Patterson, Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy (New York: Oxford University Press, 2001) 21.

^80. Harold Brown, personal interview, 13 May 2004.

^81. Jost, 915.

^82. The State of the Black Union "Strengthening of the Black Family: Preserving the African-American Imprint on America," C-SPAN, 28 February 2004.

^83. Survey, 20-27 March 2004. Please see annotated bibliography citation entry on page 38 and Appendix B on page 15.

^84. Cottrol et al, 234-243.

^85. Alex Kotlowitz, There Are No Children Here (U.S.A.: Doubleday, 1991).

^86. Ron Suskind, A Hope in the Unseen (New York: Broadway Books, 1998).

^87. Gary Orfield, and Susan E. Eaton, Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education (New York: The New Press, 1996) 331-361.

^88. Raymond Wolters, The Burden of Brown: Thirty Years of School Desegregation (Knoxville: University of Tennessee Press, 1984) 285-289.

^89. Susan Banfield, The Bakke Case: Quotas in College Admissions (New Jersey: Enslow Publishers, 1998) 97-109.

^90. National Constitution Center, Philadelphia, December 2003.