By Michael J. Klarman
A fantastic account of the splendid Court's rulings on race within the first half the 20th century, From Jim Crow To Civil Rights earned rave studies and gained the Bancroft Prize for historical past in 2005. Now, during this marvelously abridged, paperback version, Michael J. Klarman has compressed his acclaimed research into tight concentration round one significant case--Brown v. Board of Education--making the path-breaking arguments of his unique paintings available to a broader viewers of common readers and scholars. during this revised and condensed variation, Klarman illuminates the influence of the momentous Brown v. Board of schooling ruling. He deals a richer, extra complicated realizing of this pivotal selection, going behind the curtain to envision the justices' deliberations and reconstruct why they discovered the case so tricky to come to a decision. He recaps his well-known backlash thesis, arguing that Brown used to be extra vital for mobilizing southern white competition to alter than for encouraging civil rights protest, and that it used to be basically the ensuing violence that reworked northern opinion and resulted in the landmark laws of the Nineteen Sixties. Klarman additionally sheds gentle on broader questions corresponding to how judges make a decision circumstances; how a lot they're stimulated by way of criminal, political, and private concerns; the connection among preferrred court docket judgements and social switch; and at last, how a lot courtroom judgements easily replicate societal values and what sort of they form these values. Brown v. Board of schooling was once probably the most very important judgements within the historical past of the U.S. splendid court docket. Klarman's fantastic research of this landmark case illuminates the process American race relatives because it highlights the connection among legislation and social reform. approval for From Jim Crow to Civil Rights: "A significant fulfillment. It bestows upon its lucky readers prodigious learn, nuanced judgment, and highbrow independence."--Randall Kennedy, the hot Republic "Magisterial." --The manhattan assessment of Books "A sweeping, erudite, and powerfully argued book...unfailingly interesting." --Wilson Quarterly
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Extra info for Brown v. Board of Education and the Civil Rights Movement
The justices in Bailey invalidated the Alabama statute under the Thirteenth Amendment and the federal antipeonage statute. Because fraudulent intent was presumed from the breach and the defendant’s testimony to the contrary was barred, Alabama had effectively criminalized the breach of any labor contract that paid advance wages—that is, essentially all long-term agricultural labor contracts. Once the justices accepted the nearly universal baseline proposition that the Thirteenth Amendment barred criminalizing ordinary contract breaches, how could they not invalidate Alabama’s transparent subterfuge without countenancing southern nullification of the Constitution?
One might attribute the turnabout to Roosevelt’s nearly complete reconstitution of the Court, but this would be to miss the fundamental importance of World War II. ”15 Another reason that Smith may have proved relatively easy for the justices—as a matter of politics, if not law—was that most Americans would have supported it. Northern opinion regarding poll-tax repeal supports this surmise; a 1940s Gallup poll revealed that nearly 70 percent of Americans favored repealing the tax, and northern congressional representatives voted overwhelmingly to abolish it for federal elections.
Northern opinion regarding poll-tax repeal supports this surmise; a 1940s Gallup poll revealed that nearly 70 percent of Americans favored repealing the tax, and northern congressional representatives voted overwhelmingly to abolish it for federal elections. Northerners had little reason to feel differently about white primaries and poll taxes, both of which restricted suffrage in only seven or eight southern states by the mid-1940s. Even southern whites were far less committed to preserving black disfranchisement than they were to maintaining school segregation.