Prof. Bond delivered the following speech
on May 15 in Topeka, Kansas, at the NAACP’s Brown commemoration.
Fifty years ago this past April, Martin Luther
King, Jr. preached his first sermon as the new pastor of Montgomery’s
Dexter Avenue Baptist Church. He was twenty-five years old.
One month later, on May 17th, 1954, the United States Supreme
Court, in Brown v. Board of Education, unanimously declared
that segregated schools violated the Constitution’s promise of
equal protection.
Two months later, on July 17, 1954, construction began at Disneyland.
Sadly, today Brown’s promise is still lost in fantasy land.
The Magic Kingdom remains closed to children of color in America.
There can be no mistake – those
fifty years since Brown have seen the fortunes of black America
advance and retreat, but the decision is always cause for sober
celebration, not impotent dismay.
We celebrate the brilliant legal minds
who were the architects of Brown v. Board; we celebrate
the brave families who were its plaintiffs; and we celebrate
the legal principle that remains its enduring legacy – that,
in the words of Chief Justice Earl Warren, "the doctrine
of separate but equal has no place.”
That the quest for meaningful
equality – political
and economic equity – remains unfulfilled today is no indictment
of past efforts. It is testament to our challenge.
As we commemorate the 50th anniversary of that
landmark decision, it is easy to cast a cynical eye on the status
of school desegregation
in America today – or the sorry state of race relations – and minimize
the significance of Brown. That is a grave mistake, for Brown,
by destroying segregation’s legality, gave a nonviolent army the
power to destroy segregation’s morality as well.
Thus it is no coincidence that this year we
also celebrate the 40th anniversary of the passage of the 1964
Civil Rights Act – the
most sweeping civil rights legislation before or since, and our
democracy’s finest hour.
We look back on the years between Brown and the passage
of the 1964 Civil Rights Act with some pride.
In those years, Brown’s anniversary became a celebratory
signpost, as major events focused on commemorating the date.
The year after Brown, Rosa Parks sat down to stand up for
her rights, and the Montgomery bus boycott began.
Martin Luther King’s first national address
was at a 1957 Prayer Pilgrimage on the third anniversary of Brown at
the Lincoln Memorial. Later that same year the Little Rock Nine
successfully
integrated Little Rock’s Central High School.
Sit-ins at segregated lunch counters burst out across the South
in 1960, followed by the Freedom Rides of 1961 and the forcible
integration of Ole Miss in 1962.
In 1963 alone, the year that
King – fresh from
the battlefields of Birmingham – told the nation of his dream at
the March on Washington, there were more than 10,000 anti-racist
demonstrations.
King was the most famous and well known of
the modern movement’s
personalities, but it was a people’s movement. It produced leaders
of its own; but it relied not on the noted but the nameless, not
on the famous but the faceless. It didn’t wait for commands from
afar to begin a campaign against injustice. It saw wrong and acted
against it; it saw evil and brought it down.
Those were the days when women and men of all races and creeds
worked together in the cause of civil rights.
Those were the days when good music was popular and popular music
was good.
Those were the days when the President picked the Supreme Court
and not the other way around.
Those were the days when we had a war on poverty,
not a war on the poor. Those were the days when patriotism was
a reason for
open-eyed disobedience, not an excuse for blind allegiance.
Those were the days when the news media really
was “fair and balanced” and
not just cheerleaders for the powerful.
But those were not “the good old days.” Then, the American social
order was rigidly stratified and racially codified. In those days, “[t]he
law, the courts, the schools, and almost every institution … favored
whites. This was white supremacy.”
Martin Luther King described it in 1962. He said then:
You would understand that most southern Blacks then could not
vote. Most attended inadequate, segregated schools, if they went
at all, and many attended only a few months each year. Most could
not hope to gain an education beyond high school. Most worked
as farmers, or semi-skilled laborers. Few owned the land they
farmed, or even the homes in which they lived.
This was a massive system of racial preferences,
a vast affirmative action plan for whites – enforced by law and terror. It had one
name and one aim – to crush the human development of a whole
population. It began with slave-catching in Africa, and it continues
on to the present day.
Only by acknowledging the name, nature and
scope of the problem can we measure the magnitude of our successes – and
the costs of our failures.
The day Brown was decided, the NAACP held a news conference
to announce an ambitious new agenda. To Thurgood Marshall, Brown was
the Magna Carta of black America, a declaration of our rights.
School segregation would be eliminated, he thought, within five
years. He was right about the former; he was obviously wrong
about the latter.
Within a year, in Brown II, the Supreme
Court allowed desegregation to proceed “with all deliberate speed.” For
the first time, the Court had declared a right and delayed
its implementation.
Three months after Brown II, Emmett Till, who was nearly
my age, was murdered in Money, Mississippi, for whistling at
a white woman. His death and the black newspapers that came into
my Pennsylvania home created a great vulnerability and fear of
all things southern in my teenaged mind. When my parents announced
in 1957 that we were relocating to Atlanta, I was filled with
dread.
Emmett Till’s death had frightened me. But in the fall of 1957
a group of black teenagers encouraged me to put that fear aside.
These young people – the nine young women and men who integrated
Central High School in Little Rock, Arkansas – set a high standard
of grace and courage under fire as they dared the mobs who surrounded
their school.
Here, I thought, is what I hope I can be, if ever the chance
comes my way.
The chance to test and prove myself did come my way in 1960,
as it came to thousands of other black high school and college
students across the South. First through the sit-ins, then in
Freedom Rides, and then in the voter registration and political
organizing drives in the rural South, we joined an old movement
against white supremacy that had deep, strong roots; for many
of us, however, it was the recent Brown decision that
had created the opportunity for young people to play active roles,
to seize and share leadership in the movement for social justice.
Brown was the movement’s greatest legal victory. It changed
the legal status of black Americans, and ironically made challenges
to the established movement’s narrow reliance on legal action
possible.
As Richard Kluger has written:
And black and white. Brown was about
black inequality, what Lyndon Johnson called “the one huge
wrong of the American nation.”
“The Supreme Court said nothing about Latinos
until nineteen years after Brown and there never was
any significant enforcement of desegregation for Latinos.” (See Orfield, Gary & Chungmei
Lee, “Brown at
50: King’s Dream or Plessy’s Nightmare?”) Today, “U.
S. schools are becoming more segregated in all regions for both
African-American and Latino students.” By contrast, Asian students
are the most integrated.
I not only have spent most of my life in
the cause of integration, in 1947 – when I was seven years old – I
was a plaintiff in a lawsuit in rural Pennsylvania against
segregated schools.
It never came to trial. The school board
had segregated schools by giving students achievement tests
which all blacks failed
and all whites passed, but when the two dumb sons of the local
white political boss failed the test, they closed the black school,
and all of Lincoln University Village’s children went to a one-room
school together.
Last year I visited Berea College in Kentucky, opened by abolitionists as an
integrated school in 1855. It was closed by the Civil War,
but opened again in 1866 with 187 students – 96 blacks and
91 whites. It dared to provide a rare commodity in the former
slave states: an education open to all - blacks and whites,
women and men.
One of those
early students was my grandfather, James Bond.
Like
many others, I am the grandson of a slave. My grandfather was
born in 1863,
in Kentucky; freedom didn’t come for him until the 13th Amendment
was ratified in 1865.
He
and his mother were property, like a horse or a chair. As a
young girl, she
had been given away as a wedding present to a new bride, and
when that bride became pregnant, her husband – that’s my great-grandmother’s
owner and master – exercised his right to take his wife’s slave
as his mistress.
That union produced
two children, one of them my grandfather.
At
age 15, barely able to read and write, he hitched his tuition – a steer – to
a rope and walked across Kentucky to Berea College and the
college took him in.
My grandfather belonged
to a transcendent generation of black Americans, a generation
born into slavery,
a generation freed from servitude by the Civil War, a generation
determined to make their way as free women and men. From Berea,
he studied for the ministry, married, and had six children – one
of them my father, Horace Mann Bond. My father graduated from
Pennsylvania's Lincoln University and earned a doctorate in
education from the University of Chicago. For him, too, education
was a means to a larger end - the uplift of his people and
the salvation of his race.
How fitting, then, that he would be
asked to help the NAACP in its legal campaign against school
segregation - the campaign that culminated in Brown v. Board
of Education.
When Brown was
before the Supreme Court, both its presenters and the Justices
who heard it understood
clearly its historic potential. In an unusual, but not unheard
of procedure, the case – actually four cases combined, from
Kansas, South Carolina, Virginia, and Delaware – was argued
first in the 1952 term and reargued the next. A fifth case,
from Washington, DC, was argued separately.
Among other issues, the Court struggled
with the meaning of the Fourteenth Amendment, that portion
of the Constitution adopted after the Civil War, guaranteeing
equal protection of the laws, as well as due process.
In the earliest cases defining the
Fourteenth Amendment, the Court had said:
From this hopeful beginning
there emerged, only a few years later, the disgraceful doctrine
of “separate
but equal” in Plessy v. Ferguson.
In “laboring with the doctrine for
over half a century” before Brown, the Supreme Court
examined how “separate but equal” applied in a number of contexts,
including education. But not until Brown was the continuing
validity of the doctrine squarely presented.
In scheduling Brown for re-argument,
the Court asked the lawyers to prepare written responses to
five questions, two of them dealing with the history of the
Fourteenth Amendment and public education. The lawyers turned
to historians and constitutional experts, including my father,
for assistance.
While C. Vann Woodward and John Hope
Franklin were studying post-Reconstruction policies regarding
race relations in the South and Alfred Kelley and Howard J.
Graham were working on the intent of the framers of the Fourteenth
Amendment, my father was researching the intentions of the
ratifying states with respect to school segregation.
Some scholars, like Henry
Steele Commager, declined to help the NAACP in this work; they
believed the
facts would not support the NAACP's position. My father knew,
however, that both the historical record and the political
goals could be pursued without sacrificing either. In the end,
the Court regarded the historical evidence as "inconclusive",
a "draw", which may have meant victory for the NAACP.
It may have allowed the Court to overcome Plessy's flat
statement that Congress condoned segregation. Free to look
for guidance elsewhere, the Court was able to speak for what
one historian has called "the American conscience."
Perhaps, having done
the right thing by denouncing "separate but equal", the Court then
felt free to delay the implementation of what it had announced.
Whatever the reason, the phrase "with all deliberate speed" was
added to the lexicon of ignominious judicial pronouncements
less than a year after one of the most shameful judicial doctrines
had been discarded.
The Court, a year after
announcing its decision on the merits, ordered the nation to
make haste
slowly in desegregating the system of separate and unequal
schools. The defendants were required, in a masterpiece of
ambiguity, "to admit to public schools on a racially nondiscriminatory
basis with all deliberate speed the parties in these cases. "
For the first ten years after Brown,
the emphasis was more on "deliberate" than on "speed." The
focus was on dismantling the dual school systems in the South,
the products of de jure segregation, and in southern accents,
all deliberate speed meant any conceivable delay. Actual integration
was more a legal fiction than fact. President Dwight Eisenhower
had lobbied Chief Justice Warren to rule for the Southern states
and segregated schools; he never endorsed the Brown decision,
and the resistant white South, emboldened by his rectitude,
reacted with evasion and delay. Their tactics included violence,
expansion of private schools, state support for fleeing white
students, proposals to abolish public education, repeal of
compulsory attendance laws, and the long discarded theories
of interposition and nullification. Prince Edward County, Virginia,
simply closed its public schools for five years, believing
that uneducated children were preferable to integrated ones.
Where massive resistance failed, aggressive resistance succeeded.
By the end of 1964, ten years after Brown,
more than 97% of all Southern black children still attended
segregated schools. There was far too much deliberation and
far too little speed.
When the ’64 Civil Rights Act was
being debated and finally became law, most in the civil rights
community concentrated on the public accommodations section
of the Act – on lunch counters and restaurants, and on provisions
affecting employment discrimination. Overlooked, for many,
were provisions of the Act dealing with education, and overlooked
today is how important the Act could have been in making Brown’s promise
a reality.
When Congress was debating the 1964
Civil Rights Act, in all of Alabama, only 29 black students
attended formerly white schools, only 9 in South Carolina,
and none in Mississippi.
The four years following the passage
of the Civil Rights Act of 1964 represent the only period in
the 50-year-history of Brown when there was active support
for desegregation from both the executive branch and the courts.
For the first time, under a southern
President, Lyndon Johnson, the Federal government began to
take an active role. This period saw the percentage of black
children in school with white ones more than quadrupled, rising
from 3 to 13%.
But still there were
costs. Surrendering to caution, the integration process became
a one-way street
as a few black students and fewer black teachers and even fewer
administrators were admitted to formerly all-white schools.
Thousands of black schoolteachers lost their jobs as black
and white schools merged. Lost too was history – revered school
names, mottoes, mascots, traditions. Plaques, trophy cases,
school colors – all the artifacts that honored black achievement
disappeared. Black students found themselves in formerly all-white
school buildings that retained the character and identity acquired
in the segregated past – Booker T. Washington High School vanished;
Robert E. Lee High School persevered.
In President Lyndon Johnson's last
year in office, the federal government reviewed 28 communities
for compliance with desegregation guidelines; in President
Richard Nixon's first year, the figure dropped to 16. By the
second year it stood at 15; the third year at 11; the fourth
year at 9; the first year of his second term at 1, and by the
next year, the number dropped to none.
The years 1968-73, however,
represent the most active period of Supreme Court intervention
on behalf
of school desegregation. The court that 13 years earlier had
been content to see desegregation proceed “with all deliberate
speed” ordered segregation removed “root and branch” in 1968.To
that end, it permitted busing in 1971.
Johnson’s commitment
to civil rights had sustained enforcement efforts in the South
in the face
of widespread white opposition. When Republicans captured the
White House, the process was politicized, and the principle
sanction available to enforce desegregation, cutting off federal
funds, was renounced.
Within months of Nixon’s
election, what was then known as the Department of Health,
Education
and Welfare (HEW) was under orders to end the threat of funding
cut-offs as a prod to integration; enforcement was transferred
from HEW to the Department of Justice, which under Attorney
General John Mitchell, argued in the Supreme Court for less
desegregation, not more, establishing a pattern adopted by
the Ford, Reagan, and Bush Administrations.
Nixon’s HEW Secretary took the extraordinary
steps of writing to the Fifth Circuit Court of Appeals to say
that desegregation plans prepared by his own department’s experts
form Mississippi would cause “chaos, confusion, and catastrophic
educational setbacks.”
The Carter Administration
attempted to revive fund cutoff enforcement. Cut-off action
was begun
in Kansas City. But the only limiting amendment adopted by
Congress to the ’64 Civil Rights Act was pushed by liberal
Democrats Thomas Eagleton of Missouri and Joseph Biden of Delaware,
when schools in their home states faced desegregation efforts.
The Reagan Administration launched
an attack on school desegregation. They invited school districts
to reverse existing desegregation orders and intervened in
court cases even where school boards had not requested it.
They asked the Supreme Court to authorize tax exemptions for
private segregated schools. They settled cases with remedies
that had failed elsewhere. They eliminated the major desegregation
aid program.
What distinguished the Administrations
of Ronald Reagan and George H. W. Bush was their attacks on
virtually all components affecting segregation and discrimination
in American education.
After passage of the
1964 Civil Rights Act, the first President Bush, then a House
member, told his
fellow Texans, “The new Civil Rights Act was passed to protect
14% of the people. I’m worried about the other 86%.”
The percentage of black students at
majority white schools in the South went from zero in 1954
to a peak of 43.5 percent in 1988, proving there is nothing
wrong with Brown’s premise. It is Brown’s promise
that has been broken – betrayed by a failure of Presidential
leadership, defeated by a lack of Congressional oversight and
action, ruined by a retreat by the federal bureaucracy charged
with enforcement, and crushed by a series of unfavorable court
rulings, ranging from the adverse to the hostile.
When William Rehnquist joined the
Supreme Court, courtesy of Richard Nixon, all major desegregation
cases since Brown had been unanimous. Rehnquist, as
a clerk to Justice Jackson during the Brown case, had
written a memo arguing that the Court should uphold Plessy
v. Ferguson. Then he lied about it at his confirmation
hearing. As a Justice himself, Rehnquist cast the first dissenting
vote in a post-Brown desegregation case in 1973, setting
the stage for what would become a new anti-desegregation majority
in the 1990s after he became Chief Justice.
So today we have a Chief
Justice who has consistently opposed school desegregation and
an Attorney
General who built his political career on attacking the efforts
of the federal courts to desegregate St. Louis and Kansas City
schools. As Missouri’s Attorney General and then Governor,
John Ashcroft continually attacked the federal courts managing
school integration in his state and, when the courts found
the state to be “the primary constitutional violator,” he fought
to limit the state’s contribution to the remedy the court imposed.
It is hardly a surprise,
then, that when the current state of school integration is
examined, discouraging
results abound.
If the years since Brown have
not succeeded in dismantling segregated schools, those years
have seen American preferences for segregated education shrink.
That constitutes modest achievement for black Americans. For
us and other minorities, separate has never been equal, not
then, not now.
America’s history tells
us that has always been true.
There are few matters
on which experts in any given field agree. Educational experts,
however, agree
that no school district in America has managed to create equal
education on a large scale in segregated schools, be they black
or Hispanic schools. This is not to say that one-race schools
are never successful. A few are – particularly on the elementary
level. But the bottom line is that students who attend schools
that are segregated by race and income consistently rank lower
in educational achievement, especially at the secondary school
level. In short, the United States can't afford separate schools.
The educational damage done by racial
segregation does not grow from the relationship between blacks
and whites alone; it grows from the relationship between blacks
and whites and green. In America, the education dollar follows
the white child. The students who are most likely to find themselves
in schools of concentrated poverty today are not white; they
are black and Latino.
Compared with poor whites,
poor blacks are more likely to live in neighborhoods where
a high percentage
of the residents are poor. They interact mainly with others
who are poor, who share their disadvantage. They live, squeezed
together, in less than standard housing, in neighborhoods denuded
of essential services. They shop at stores owned by merchants
geared to do business with a poor clientele. Their neighborhoods
are economically and racially segregated, bereft of opportunity,
out of sight and out of mind.
Their children attend
schools only with other poor, minority children. As the New
Jersey Supreme
Court said, “They face, through no fault of their own, a life
of poverty and isolation that most of us cannot begin to understand
and appreciate.” Fewer dollars in the parents' pockets mean
fewer dollars in the school board's treasury. Children in high
poverty schools read less, get lower grades, and miss more
days of school.
Economic and racial integration are
preconditions for equal opportunity. Once achieved, they permanently
alter the pattern of minority-majority relationships.
In cities where school integration
exists, it is not only the most visible form of desegregation,
but the only one that impacts personally on the lives of millions
of whites. This is why whites have so strongly resisted it;
it is also why blacks and other minorities must continue to
insist upon it.
I recently heard Minnie
Jean Brown reflect on her experiences as one of the heroic
Little Rock
Nine who integrated Central High School in 1957. Someone asked
why she kept coming back to school day after day, despite daily
harassment and intimidation that would have driven most people
away.
From the ferocity of
her enemies, she said, “I knew there was something precious inside that
school,” and she was more determined to get it than they were
to keep it from her grasp.
There are those who scoff at Brown as
if the advantages to black children were to be gained simply
by sitting next to white ones in a classroom, as if a skin-to-skin
transfer of knowledge and education could occur. These critics
miss the point of integrated schools.
They are, as one expert
said, "truly
radical.” A public educational system that is fully integrated
and treats minorities and whites equally, is the antithesis
of the larger society, which is profoundly segregated and unequal.
The goal of putting minorities and whites in the same classrooms
is not only to equalize education, but also to change the formative
racial experiences of the next generation.
Today minority children
face inequalities in school spending, and more – they face
what Jonathan
Kozol calls “punitive testing and accountability agendas” imposed
by the No Child Left Behind Act. Schools have adopted a “grill
and drill curriculum” that substitutes learning by rote and
teaching to the test for the transmission of critical thinking
from teacher to pupil.
Our schools present two faces to American
society. In one, they are our most important democratic institution,
pathways to class mobility and generational progress, and their
success or failure impacts the lives and prospects of millions
of families and children every day.
The other face is an instrument for
reproducing the class and race privilege of the larger society,
reinforcing the very inequality they are designed to overcome.
On our present course, we are formalizing
two school systems: one filled with middle class children,
most of them white, and one filled with low-income minorities.
For too many, the latter schools have become a conveyor belt
to prison.
Our future as a nation depends on
our willingness to continue to reach into the racial cleavage
that define American society and change the racial contours
of our world.
In 1954, the Federal
government’s
brief in Brown argued that school desegregation was
a Cold War imperative, a necessary weapon to win America’s
battles overseas. Current events give us the same imperative – to
prove to enemy and ally alike that our commitment to justice
is sincere.
What, then, is to be done? Do we continue
to slide backward toward Plessy and segregation, or
can we make Brown’s promise at last come true? The brave
Americans who fought and won Brown fifty years ago faced
obstacles we cannot imagine and had few resources and little
public support with which to do the job. We can do no less.
This fall, we have the opportunity
to elect a pro-Brown president and Congress that will
appoint judges and enforcement officials who understand the
Supreme Court was right then and that the job is far from over.
We can revive the federal aid program
of the Nixon and Carter Administrations that helped multiracial
schools deal positively with issues of race relations, multicultural
curricula, and more effective classroom operation.
We can recruit young people, especially
young people of color, into the education profession, and insure
they receive full and fair employment opportunities from all
school districts, not just minority schools.
We can mount a real fight
against housing segregation, and insure minority parents and
their
children have access to middle class schools. We can use choice
programs – magnet and charter schools – if they are enacted
in a strict pro-integration mode, forbidding transfers that
increase segregation and rewarding those that diminish it.
We can amend the No Child Left Behind
Act and provide financial incentives and positive recognition
to segregated suburbs that accept significant numbers of minority
students from failing schools.
When my grandfather graduated from
Berea, he was asked to deliver the commencement address. He
said then: