Mark V. Tushnet's Making Civil Rights Law: Thurgood Marshall and the Supreme PDF

By Mark V. Tushnet

ISBN-10: 0195084128

ISBN-13: 9780195084122

From the Thirties to the early Nineteen Sixties civil rights legislations used to be made basically via constitutional litigation. ahead of Rosa Parks may ignite a Montgomery Bus Boycott, the excellent court docket needed to strike down the Alabama legislations which made segregated bus provider required via legislations; ahead of Martin Luther King may perhaps march on Selma to sign up citizens, the perfect court docket needed to locate unconstitutional the Southern Democratic Party's exclusion of African-Americans; and ahead of the March on Washington and the Civil Rights Act of 1964, the preferrred court docket needed to strike down the legislation taking into consideration the segregation of public graduate colleges, faculties, excessive faculties, and grade faculties.

Making Civil Rights Law presents a chronological narrative background of the felony fight, led by way of Thurgood Marshall and the NAACP felony safeguard Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and different NAACP legal professionals, in addition to new information regarding the personal deliberations of the splendid courtroom, Tushnet tells the dramatic tale of ways the NAACP felony safeguard Fund led the court docket to exploit the structure as an software of liberty and justice for all African-Americans. He additionally deals new insights into how the justices argued between themselves concerning the ancient alterations they have been to make in American society.

Making Civil Rights Law offers an total photograph of the forces thinking about civil rights litigation, bringing readability to the felony reasoning that lively this "Constitutional revolution", and exhibiting how the sluggish improvement of doctrine and precedent mirrored the general felony technique of Thurgood Marshall and the NAACP.

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Extra resources for Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961

Sample text

He spoke on salary equalization to the convention of the national association of African-American teachers, and found that "enthusiasm . . " The teachers supported the program, and the group agreed to increase its dues and send a portion of the increase to the NAACP. However, out of concern for public reaction, Marshall advised that the arrangement be kept confidential. Marshall met privately with teachers from West Virginia, North Carolina, Georgia, Alabama, Louisiana, Texas, and Florida, and expected that they would begin to work on developing salary suits.

16 Marshall went to Virginia in October to explain the situation to the teachers. " The first difficulty, he said, was that the cases were "new to the law. " He explained that the NAACP had tried to compel the boards to raise salaries through actions in state court. " The lawyers had not expected that the judge in Black's case would "grant postponement after postponement," to the point when the board was able to fire Black. As a result of this sort of difficulty, the lawyers had developed a theory that allowed them to seek injunctions from the federal courts.

D. McGill, a lawyer in Florida who was interested in bringing a salary suit. The teachers in Brevard County paid the lawyer $500 and asked the national office to chip in. Marshall asked Houston what to do. " He told Marshall that they would "have to go very carefully here and be sure of each step" before they moved. But he advised Marshall against "skipping about in this fight," saying that they should "clean up" Maryland first, then go on to states in the upper South, "where the apple is ripe .

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Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961 by Mark V. Tushnet


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