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The evolution of the NAACP’s legal approach for equality The evolution of the NAACP’s legal approach for equality Mark Tuchnet - The NAACP’s Legal Strategy against Segregated Education, 1925- 1950, Chapter 2. By Tom Kiely Competing Legal Strategies:
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Early Legal Victories
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Buchanan v. Warley (1917) Ordinance forbidding sale of real estate based on race = violation of 14 th Amendment
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Moore v. Dempsey (1923) Habeus Corpus must be acknowledged in District Courts to avoid mob-dominated verdicts.
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= Shift in strategy Legal success
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Financing – Garland Fund
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Funds Beginnings Charles Garland Harvard Law Student Receives $1million Creates fund to combat inequality
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Board of Directors James Weldon Johnson o Executive Director of NAACP
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Board of Directors Roger Baldwin o Founder of ACLU
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Grants: Garland => NAACP 1930 Request $300,000 1925 – 1929 $31,900
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Competing Ideologies
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Equality through education / litigation Equality through economics VS
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Walter White’s Proposal Support legal battles in the South aimed at unequal, education funding
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White’s Reason 1) Would drive up cost of education 2) Would create multiple appeals 3) Would bring national attention to racist education allocation of public funds
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White’s Conclusion 1)Expensive dual schooling would force de-segregation 2)Multiple appeals would create federal legislation 3)Black community would mobilize / be empowered
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Execution of White’s plan
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Nathan Margold Appointed by White to spearhead NAACP’s legal campaign Recommended by fellow Frankfurter protégé, Charles Hamilton Houston Created detailed legal plan in May, 1931 to combat racial inequality
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Margold Report Drew primarily from 3 previous Supreme Court rulings o Plessy v. Ferguson o Oklahoma o Yick Wo v. Hudson
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Plessy v. Ferguson (1890) Man of mixed race was denied access to white car on train. Verdict – Equal protection in 14 th amendment guarantees political equality, not social equality. Importance to Margold – Though not explicit, ‘separate but equal’ ruling o Louisiana statute demanded the ‘but equal,’ not the Supreme Court o Only allowed segregation that was reasonable and enacted in good faith o Massachusetts education case cited in decision
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Oklahoma (1914) Black people were not offered dining or sleeping cars on Oklahoma railroad. One argument of which was that it was not economically feasible to have them. Verdict – Segregation was upheld, however, argument that fiscal concerns could allow state to deny constitutional rights was held without merit. Importance to Margold – Court said that number of people being discriminated is irrelevant, constitutional rights are personal ones. Therefore, a ‘defense of compensating inequalities was unavailable.’
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Yick Wo v. Hopkins San Francisco statute mandated a permit to any person wanting to use hand laundries in a wood facility. Though race-neutral, permits were handed out to significantly greater numbers of whites than Chinese. Verdict – Administering of these permits was unconstitutional. Importance to Margold – A statute did not have to explicitly state equality to require it.
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Margold’s Theory Equal spending litigation would be endless and difficult Re-direct attack to challenge separation of schools, not just inequality. Focus on 3 facts o 1) State law required separate schools o 2) Allocation to schools was unequal o 3) State remedies unavailable Coupled with a white-ally campaign, this strategy would enable the most growth and meet the least resistance.
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Margold’s Conclusion “Segregation coupled with discrimination resulting from administrative action permitted but not required by state statute, is just as much a denial of equal protection of laws as is segregation coupled with discrimination required by express statutory enactment.”
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Post- Margold Report
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Transition Money ran dry from Garland Fund 1) Lack of payment from previous loan 2) Depression 3) *Unwillingness to utilize more money on work related causes Walter White believed race mattered o Wanted a black man to defend black causes.
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Charles Hamilton Houston Chose to replace Margold as head of NAACP Legal Team Had built up Howard Law School as farm system for elite, black lawyers
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Houston Era Strategy Began hiring black lawyers to help lead the black fight. More than just symbolic. Houston reverted back to a mobilization – heavy legal strategy to litigate in an effort to organize the black community.
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