What Brown V. Board of Education Should Have Said : The Nation's Top Legal Experts Rewrite America's Landmark Civil Rights Decision

by Balkin, Jack M.

• ISBN13: 9780814798904
• ISBN10: 081479890X
• Format: Paperback
• Copyright: 2002-09-01
• Publisher: Ingram Pub Services

Summary

Brown v. Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights.Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown , criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices.As the 50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown , while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights.In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown , and explaining the current debates over its legacy.Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein.

Table of Contents

Preface	ix
PART I: Brown v. Board of Education---A Critical Introduction
Jack M. Balkin
Brown as Icon	3	(26)
The History of the Brown Litigation	29	(15)
Rewriting Brown: A Guide to the Opinions	44	(189)
PART II: Revised Opinions in Brown v. Board of Education
Jack M. Balkin (judgment of the Court)	77	(15)
Drew S. Days III (concurring)	92	(8)
Bruce Ackerman (concurring)	100	(24)
Frank I. Michelinan (concurring in part and concurring in the judgment)	124	(11)
John Hart Ely (concurring in the judgment except as to the remedy)	135	(8)
Catharine A. MacKinnon (concurring in the judgment)	143	(15)
Michael W. McConnell (concurring in the judgment)	158	(16)
Cass R. Sunstein (concurring in the judgment)	174	(11)
Derrick A. Bell (dissenting)	185	(16)
Comments from the Contributors	201	(16)
Appendix A: The Supreme Court's Original Opinions in Brown I, Bolling, and Brown II
Brown v. Board of Education (Brown I)	217	(9)
Bolling v. Sharpe	226	(3)
Brown v. Board of Education (Brown II)	229	(4)
Appendix B: The Constitution of the United States of America: Selected Provisions	233	(10)
Brown v. Board of Education: A Selected Bibliography	237	(6)
About the Contributors	243	(4)
Table of Cases	247	(4)
Index	251