Friday, February 14, 2014

Is Thurgood Marshall’s insistence on the primacy of law in achieving black equality still relevant today?

Through his work with the NAACP and other civil rights organizations, Marshall sought first the passage of laws advancing equality, then their enforcement. In arguing for the plaintiffs in Brown v. Board of Education, for example, he argued that in legal terms, "with education[...]segregation and inequality [were] equivalent concepts." Segregation could never be equal, and thus, with respect to education, Jim Crow laws violated the Equal Protection Clause of the Fourteenth Amendment. This approach has continued relevance for African Americans today, as the Court has struck down provisions of the Voting Rights Act, partisan gerrymandering has discriminated against minorities, and educational inequalities threaten the civil rights of African Americans and others. These types of problems were at the front of Marshall's thinking. But perhaps the most visible issues related to law are those not really considered by Marshall. These are related to law enforcement within predominately African American communities, and these can be contested upon legal grounds as well. Marshall fully understood that many of the problems faced by minorities in the United States had their origins in social, economic, and cultural difficulties, but his emphasis on legal solutions remains relevant today.
https://www.blackpast.org/african-american-history/1953-thurgood-marshall-argument-u-s-supreme-court-brown-v-board-education/

https://www.history.com/topics/black-history/thurgood-marshall

No comments:

Post a Comment

Why is the fact that the Americans are helping the Russians important?

In the late author Tom Clancy’s first novel, The Hunt for Red October, the assistance rendered to the Russians by the United States is impor...