1961 US Commission on Civil Rights Report Book 2 - University of ...

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98 When a State exercises power wholly within the domain of State interest, it is insulated from Federal judicial review. But such insulation is not carried over when State power is used as an instrument for circumventing a federally protected right. This principle has had many applications. It has long been recognized in cases which have prohibited a State from exploiting a power acknowledged to be absolute in an isolated context to justify the imposition of an "unconstitutional condition."
7. Segregation North and West At least until 1954 State and local law required separate public schools for Negroes in the South. 1 With rare exceptions 2 such segregation as there has been in the North and West has been a matter of practice 3 without explicit legal sanction. In some instances, nonetheless, official action has contributed to or caused segregation. Where this is true, a denial of equal protection may exist. Where segregation is explicitly imposed by law, as in the South, the State action necessary to invoke the I4th amendment is clear. The problem there, as discussed above, 4 is simply to find the best ways to accomplish desegregation. In the Northern and Western States the question is whether segregation results from such State action as will invoke the I4th amendment. In its 1959 Report, the <strong>Commission</strong> said: 6 Concentration of colored Americans in restricted areas of most major cities produces a high degree of school segregation even in communities accepting the Supreme Court's decision. With the migration of Negroes and Puerto Ricans to the North and the West, and an influx of Mexicans into the West and Southwest, the whole country is now sharing the problem and the responsibilities. This migration has continued. The 1960 census lists five cities in the North and West, each with more Negro residents than any southern city where separate public schools for white and Negro children were required by law in I954- 6 Indeed, only 9 of the 25 largest cities in the United States 7 in 1960 lie in the South and 3 8 of them have completely desegregated their school systems since 1954. Public schools enrolling Negroes almost exclusively in some cases, and whites almost exclusively in others, are found in many cities throughout the North and West. Although official reports are few due to a policy of not recording the race, religion, or national origin of pupils, the facts are clear. Three cities, where attempts are being made to change the existing pattern, have frankly reported their findings as to segregation. A 1960 report of the board of education of New York City 9 reported 699611—«1 8 99
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1961 United States
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KF 4755 .A822 1961
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Page CHAPTER 4. DESEGREGATION IN TH
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Page Summary 135 CHAPTER 9. SOUTHER
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General Contents: Books 1-5 Book I:
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Foreword The United States
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Inaction of government officials ha
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pan iv. Education 1. Introduction O
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equire or permit segregation by rac
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for the two races. 8 After the clea
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district court might conclude after
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1. State-imposed racial segregation
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grants, for example? If so, what pr
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If initial assignments by race subj
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As the Court put it in Boiling v. S
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seems to arise. The cost of public
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children of the same family to atte
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The Fifth Circuit appears to be on
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to exhaust administrative remedies
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students wishing to do so could reg
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In Northcross v. Board of Education
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standards, was rejected on "attitud
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Curriculum disparities as between w
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to be approved or disapproved by a
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their schools, as required by law."
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4. Desegregation in the South By Ma
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enrollment. In September 1960, Air
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the school year. 88 While the numbe
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hand, they were openly—this time
Page 63 and 64: Maryland All of the 23 school distr
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Page 67 and 68: The North Carolina Advisory Committ
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Page 73 and 74: Fairfax County, which has a very sm
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Page 86 and 87: desegregated schools. 86 This legis
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Page 90 and 91: It had become clear that New Orlean
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Page 95 and 96: 6. The Threat to Education ... no i
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Page 105 and 106: funds were available. The school bo
Page 107 and 108: The financing of these private scho
Page 109 and 110: and other forms of governmental par
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Page 117 and 118: y school authorities. All these pow
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Page 127 and 128: INFERIORITY OF THE SCHOOL From 1896
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Page 138 and 139: sional techniques involved in purpo
Page 140 and 141: Another approach is to improve his
Page 142 and 143: January January 1958 1961</
Page 144 and 145: IQ scores of 108, 128, 99, and 125
Page 146 and 147: 1. The gains in reading comprehensi
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Page 150 and 151: serves. Thus, Oak Park and Carver p
Page 152 and 153: sponsored. An exception is the tuto
Page 155 and 156: 9. Southern Libraries Sixteen years
Page 157 and 158: council adopted an ordinance restri
Page 159 and 160: three Negro students from Virginia
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10. Role of the Executive Branch Ea
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or to submit plans to accomplish de
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gate and report his findings. On th
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THE LOUISIANA CASES An Interpositio
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circumvented would subvert our cons
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As to the contention that the Unite
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At the hearing at which the court r
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Appropriate action to vindicate the
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the formulation of a desegregation
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11. The Colleges In January <strong
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applicants seeking admission to sai
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In May 1961 a Negr
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12. Conclusions The Nation's progre
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schools provide elementary school i
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have made some start towards compli
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Need for Federal protection 17. The
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of equal protection in public schoo
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tended, to serve as a clearinghouse
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the number and ethnic classificatio
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NOTES: EDUCATION, Chapter 2 1. Brow
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Notes: Education, Chapter 3—Conti
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NOTES: EDUCATION, Chapter 4 1. Cf.
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NOTES: EDUCATION, Chapter 7 1. See
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Notes: Education, Chapter 10—Cont
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Notes: Education, Chapter 10—Cont
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Notes: Education, Chapter u—Conti
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236
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TABLE 2.—Status of segregation-de
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240
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EXHIBIT i Bureau of the Budget No.
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(3) Fill in blanks under columns th
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GARDINER, "National Library Week—
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U.S. Commission on
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LIST OF CASES CITED—Continued Pag
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LIST OF GASES CITED—Continued In
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LIST OF GASES CITED—Continued Pag
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