Making Civil Rights Law Thurgood Marshall and the Supreme Court, 1936-1961

ISBN-10: 0195104684

ISBN-13: 9780195104684

Edition: 1996

Authors: Mark V. Tushnet
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Description: From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

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Book details

List price: $67.00
Copyright year: 1996
Publisher: Oxford University Press, Incorporated
Publication date: 2/15/1996
Binding: Paperback
Pages: 416
Size: 6.25" wide x 9.50" long x 1.25" tall
Weight: 1.232
Language: English

Earl J. Hess is associate professor of history at Lincoln Memorial University. He is author of many books on the Civil War, including, most recently, The Civil War in the West: Victory and Defeat from the Appalachians to the Mississippi.Mark V. Tushnet, professor of law at Georgetown University Law Center, is author, coauthor, or editor of twenty books, including a two-volume history of Thurgood Marshall's years on the Supreme Court.

Prologue: "You'll Never Find a Better Constitution"
Setting the Stage: Baltimore and the NAACP
"No Star Performance": The Office in the 1940s
"You Did All You Could ...": Routine Work in the 1940s
"A Negro on Trial for His Life": Criminal Law and Race Discrimination
The "Increasing Power" of Private Discrimination
"A Carefully Planned Program": Attacking Restrictive Covenants
"Interference with the Effective Choice of the Voters": Challenging the White Primary
"Passing Through a Transition": Education Cases, 1939-1945
To "Determine the Future Course of Litigation": Making the Record on Segregated Universities
"Replete with Road Markings": The Supreme Court Deals with Segregated Universities
"A Direct Challenge of the Segregation Statutes": Making the Record in Brown
"Behind This Are Certain Facts of Life": The Law in Brown
"Boldness Is Essential But Wisdom Indispensable": Inside the Supreme Court
"Quietly Ignoring Facts": Examining History
"When They Produce Reasons for Delay": Devising the Remedy
To "Open the Doors of All Schools": Passive Resistance to Brown, 1955-1961
"Civil Rights ... Civil Wrongs": Massive Resistance to Brown, 1955-1961
The "Battle Between the Sovereigns": Violent Resistance to Brown, 1955-1961
"An Act to Make It Difficult ... to Assert the Constitutional Rights of Negroes": The Attack on the Lawyers, 1955-1961
"A Mortal Blow from Which They Will Never Recover": The Attack on the NAACP, 1955-1961
"I'd Kind of Outlived My Usefulness": The Changing Context of Civil Rights Litigation
Epilogue: "Power, not Reason"
Notes
Bibliography
Table of Cases
Index
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