In 1936, Lloyd Gaines’s application to the University of Missouri law school was denied based on his race. Gaines and the NAACP challenged the university’s decision. Missouri ex rel. Gaines v. Canada (1938) was the first in a long line of decisions by the U.S. Supreme Court regarding race, higher education, and equal opportunity. The court case drew national headlines, and the NAACP moved Gaines to Chicago after he received death threats. Before he could attend law school, he vanished. This is the first book to focus entirely on the Gaines case and the vital role played by the NAACP and its lawyers—including Charles Houston, known as “the man who killed Jim Crow”— who advanced a concerted strategy to produce political change. Horner and Endersby also discuss the African American newspaper journalists and editors who mobilized popular support for the NAACP’s strategy. This book uncovers an important step toward the broad acceptance of the principle that racial segregation is inherently unequal. This is the inaugural volume in the series Studies in Constitutional Democracy, sponsored by the Kinder Institute on Constitutional Democracy.
On December 4, 1865, members of the 39th United States Congress walked into the Capitol Building to begin their first session after the end of the Civil War. They understood their responsibility to put the nation back on the path established by the American Founding Fathers. The moment when the Republicans in the Reconstruction Congress remade the nation and renewed the law is in a class of rare events. The Civil War should be seen in this light. In From Oligarchy to Republicanism: The Great Task of Reconstruction, Forrest A. Nabors shows that the ultimate goal of the Republican Party, the war, and Reconstruction was the same. This goal was to preserve and advance republicanism as the American founders understood it, against its natural, existential enemy: oligarchy. The principle of natural equality justified American republicanism and required abolition and equal citizenship. Likewise, slavery and discrimination on the basis of color stand on the competing moral foundation of oligarchy, the principle of natural inequality, which requires ranks. The effect of slavery and the division of the nation into two “opposite systems of civilization” are causally linked. Charles Devens, a lawyer who served as a general in the Union Army, and his contemporaries understood that slavery’s existence transformed the character of political society. One of those dramatic effects was the increased power of slaveowners over those who did not have slaves. When the slave state constitutions enumerated slaves in apportioning representation using the federal three-fifths ratio or by other formulae, intra-state sections where slaves were concentrated would receive a substantial grant of political power for slave ownership. In contrast, low slave-owning sections of the state would lose political representation and political influence over the state. This contributed to the non-slaveholders’ loss of political liberty in the slave states and provided a direct means by which the slaveholders acquired and maintained their rule over non-slaveholders. This book presents a shared analysis of the slave South, synthesized from the writings and speeches of the Republicans who served in the Thirty-Eighth, Thirty-Ninth or Fortieth Congress from 1863-1869. The account draws from their writings and speeches dated before, during, and after their service in Congress. Nabors shows how the Republican majority, charged with the responsibility of reconstructing the South, understood the South. Republicans in Congress were generally united around the fundamental problem and goal of Reconstruction. They regarded their work in the same way as they regarded the work of the American founders. Both they and the founders were engaged in regime change, from monarchy in the one case, and from oligarchy in the other, to republicanism. The insurrectionary states’ governments had to be reconstructed at their foundations, from oligarchic to republican. The sharp differences within Congress pertained to how to achieve that higher goal.
In Jacksonian America, as Grund exposes, the wealthy inhabitants of northern cities and the plantation South may have been willing to accept their poorer neighbors as political and legal peers, but rarely as social equals. In this important work, he thus sheds light on the nature of the struggle between “aristocracy” and “democracy” that loomed so large in early republican Americans’ minds. Francis J. Grund, a German emigrant, was one of the most influential journalists in America in the three decades preceding the Civil War. He also wrote several books, including this fictional, satiric travel memoir in response to Alexis de Tocqueville’s famous Democracy in America. Armin Mattes provides a thorough account of Grund’s dynamic engagement in American political life, and brings to light many of Grund’s reflections on American social and political life previously published only in German. Mattes shows how Grund’s work can expand our understanding of the emerging democratic political culture and society in the antebellum United States.
The Administrative State’s Challenge to Constitutional Government
Author: Joseph Postell
Publisher: University of Missouri Press
Category: Political Science
The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
Restoring the Constitution’s Separation of Functions
Author: David J. Siemers
Publisher: University of Missouri Press
Category: Political Science
The idea that the three branches of U.S. government are equal in power is taught in classrooms, proclaimed by politicians, and referenced in the media. But, as David Siemers shows, that idea is a myth, neither intended by the Founders nor true in practice. Siemers explains how adherence to this myth normalizes a politics of gridlock, in which the action of any branch can be checked by the reaction of any other. The Founders, however, envisioned a separation of functions rather than a separation of powers. Siemers argues that this view needs to replace our current view, so that the goals set out in the Constitution’s Preamble may be better achieved.
2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
William E. Parrish,Charles T. Jones, Jr.,Lawrence O. Christensen
Author: William E. Parrish,Charles T. Jones, Jr.,Lawrence O. Christensen
Combining a chronological overview with topical development, this team of esteemed authors presents in engaging detail the rich and varied history of Missouri, a state that has played a pivotal role in the history of the nation, from the pre-Columbian period to the present. In a clear, engaging style that all students of Missouri history are certain to enjoy, the authors explore such subjects as Missouri’s Indian peoples, French and Spanish settlement, slavery, the Civil War and Reconstruction, politics from territorial days to the present, cultural as well as industrial development, both world wars, historical and recent demographics, and the difficult choices that Missourians faces regarding the economy, the environment, and education as the twenty-first century unfolds. Featuring an entirely new chapter as well as new maps, photographs, newly revised Suggestions for Further Reading, and a comprehensive index, this latest edition of our popular survey text—available in paperback as well as hardcover—will continue to enlighten and engage all those who call Missouri home.
Charles Hamilton Houston, Thurgood Marshall, and the Struggle to End Segregation
Author: Rawn James, Jr.
Publisher: Bloomsbury Publishing USA
Although widely viewed as the beginning of the legal struggle to end segregation, the U.S. Supreme Court's decision Brown v. Board of Education was in fact the culmination of decades of legal challenges led by a band of lawyers intent on dismantling segregation one statute at a time. Root and Branch is the compelling story of the fiercely committed laywers that constructed the legal foundation for what we now call the civil rights movement. Charles Hamilton Houston laid the groundwork, reinventing the law school at Howard University (where he taught a young, brash Thurgood Marshall) and becoming special counsel to the NAACP. Later Houston and Marshall traveled through the hostile South, looking for cases with which to dismantle America's long-systematized racism, often at great personal risk. The abstemious, buttoned-down Houston and the folksy, easygoing Marshall made an unlikely pair-but their accomplishments in bringing down Jim Crow made an unforgettable impact on U.S. legal history.
Before lesbianism became a specific identity category in the West, its mere suggestion functioned as a powerful source of scandal in early twentieth-century British and Anglo-American culture. Reconsidering notions of the 'invisible' or 'apparitional' lesbian, Jodie Medd argues that lesbianism's representational instability, and the scandals it generated, rendered it an influential force within modern politics, law, art and the literature of modernist writers like James Joyce, Ezra Pound and Virginia Woolf. Medd's analysis draws on legal proceedings and parliamentary debates as well as crises within modern literary production – patronage relations, literary obscenity and cultural authority – to reveal how lesbian suggestion forced modern political, cultural and literary institutions to negotiate their own identities, ideals and limits. Medd's text will be of great interest to scholars and graduate students in gender and women's studies, modernist literary studies and English literature.
Heman Marion Sweatt, Thurgood Marshall, and the Long Road to Justice
Author: Gary M. Lavergne
Publisher: University of Texas Press
Category: Social Science
On February 26, 1946, an African American from Houston applied for admission to the University of Texas School of Law. Although he met all of the school's academic qualifications, Heman Marion Sweatt was denied admission because he was black. He challenged the university's decision in court, and the resulting case, Sweatt v. Painter, went to the U.S. Supreme Court, which ruled in Sweatt's favor. The Sweatt case paved the way for the landmark Brown v. Board of Education of Topeka rulings that finally opened the doors to higher education for all African Americans and desegregated public education in the United States. In this engrossing, well-researched book, Gary M. Lavergne tells the fascinating story of Heman Sweatt's struggle for justice and how it became a milestone for the civil rights movement. He reveals that Sweatt was a central player in a master plan conceived by the National Association for the Advancement of Colored People (NAACP) for ending racial segregation in the United States. Lavergne masterfully describes how the NAACP used the Sweatt case to practically invalidate the "separate but equal" doctrine that had undergirded segregated education for decades. He also shows how the Sweatt case advanced the career of Thurgood Marshall, whose advocacy of Sweatt taught him valuable lessons that he used to win the Brown v. Board of Education case in 1954 and ultimately led to his becoming the first black Associate Justice of the Supreme Court.
Black Veterans and the Struggle Against White Supremacy in the Postwar South
Author: Christopher S. Parker
Publisher: Princeton University Press
Fighting for Democracy shows how the experiences of African American soldiers during World War II and the Korean War influenced many of them to challenge white supremacy in the South when they returned home. Focusing on the motivations of individual black veterans, this groundbreaking book explores the relationship between military service and political activism. Christopher Parker draws on unique sources of evidence, including interviews and survey data, to illustrate how and why black servicemen who fought for their country in wartime returned to America prepared to fight for their own equality. Parker discusses the history of African American military service and how the wartime experiences of black veterans inspired them to contest Jim Crow. Black veterans gained courage and confidence by fighting their nation's enemies on the battlefield and racism in the ranks. Viewing their military service as patriotic sacrifice in the defense of democracy, these veterans returned home with the determination and commitment to pursue equality and social reform in the South. Just as they had risked their lives to protect democratic rights while abroad, they risked their lives to demand those same rights on the domestic front. Providing a sophisticated understanding of how war abroad impacts efforts for social change at home, Fighting for Democracy recovers a vital story about black veterans and demonstrates their distinct contributions to the American political landscape.
A prophetic memoir by the activist who “articulated the intellectual foundations” (The New Yorker) of the civil rights and women’s rights movements. First published posthumously in 1987, Pauli Murray’s Song in a Weary Throat was critically lauded, winning the Robert F. Kennedy Book Award and the Lillian Smith Book Award among other distinctions. Yet Murray’s name and extraordinary influence receded from view in the intervening years; now they are once again entering the public discourse. At last, with the republication of this “beautifully crafted” memoir, Song in a Weary Throat takes its rightful place among the great civil rights autobiographies of the twentieth century. In a voice that is energetic, wry, and direct, Murray tells of a childhood dramatically altered by the sudden loss of her spirited, hard-working parents. Orphaned at age four, she was sent from Baltimore to segregated Durham, North Carolina, to live with her unflappable Aunt Pauline, who, while strict, was liberal-minded in accepting the tomboy Pauli as “my little boy-girl.” In fact, throughout her life, Murray would struggle with feelings of sexual “in-betweenness”—she tried unsuccessfully to get her doctors to give her testosterone—that today we would recognize as a transgendered identity. We then follow Murray north at the age of seventeen to New York City’s Hunter College, to her embrace of Gandhi’s Satyagraha—nonviolent resistance—and south again, where she experienced Jim Crow firsthand. An early Freedom Rider, she was arrested in 1940, fifteen years before Rosa Parks’ disobedience, for sitting in the whites-only section of a Virginia bus. Murray’s activism led to relationships with Thurgood Marshall and Eleanor Roosevelt—who respectfully referred to Murray as a “firebrand”—and propelled her to a Howard University law degree and a lifelong fight against "Jane Crow" sexism. We also read Betty Friedan’s enthusiastic response to Murray’s call for an NAACP for Women—the origins of NOW. Murray sets these thrilling high-water marks against the backdrop of uncertain finances, chronic fatigue, and tragic losses both private and public, as Patricia Bell-Scott’s engaging introduction brings to life. Now, more than thirty years after her death in 1985, Murray—poet, memoirist, lawyer, activist, and Episcopal priest—gains long-deserved recognition through a rediscovered memoir that serves as a “powerful witness” (Brittney Cooper) to a pivotal era in the American twentieth century.
From the man known as the father of the Harlem Renaissance comes a powerful, provocative, and affecting anthology of writers who shaped the Harlem Renaissance movement and who help us to consider the evolution of the African American in society. With stunning works by seminal black voices such as Zora Neale Hurston, Countee Cullen, and W.E.B. DuBois, Locke has constructed a vivid look at the new negro, the changing African American finding his place in the ever shifting sociocultural landscape that was 1920s America. With poetry, prose, and nonfiction essays, this collection is widely praised for its literary strength as well as its historical coverage of a monumental and fascinating time in the history of America.
For a decade straddling the turn of the twentieth century, Mark Hanna was one of the most famous men in America. Portrayed as the puppet master controlling the weak-willed William McKinley, Hanna was loved by most Republicans and reviled by Democrats, in large part because of the way he was portrayed by the media of the day. Newspapers and other media outlets that supported McKinley reported positively about Hanna, but those sympathetic to William Jennings Bryan, the Democrats' presidential nominee in 1896 and 1900, attacked Hanna far more aggressively than they attacked McKinley himself. Their portrayal of Hanna was wrong, but powerful, and this negative image of him survives to this day. In this study of Mark Hanna's career in presidential politics, William T. Horner demonstrates the flaws inherent in the ways the news media cover politics. He deconstructs the myths that surround Hanna and demonstrates the dangerous and long-lasting effect that inaccurate reporting can have on our understanding of politics. When Karl Rove emerged as the political adviser to George W. Bush's presidential campaigns, the reporters quickly began to compare Rove to Hanna even a century after Hanna's death. The two men played vastly different roles for the presidents they served, but modern reporters consistently described Rove as the second coming of Mark Hanna, another political Svengali. Ohio's Kingmaker is the story of a fascinating character in American politics and serves to remind us of the power of (mis)perceptions.
Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
This book looks at democracy promotion as a form of foreign policy. Elliott asks why democracy was seen to be the answer to the 7/7 bombings in London, and why it should be promoted not in Britain, but in Pakistan. The book provides a detailed answer to these questions, examining the logic and the modes of thinking that made such a response possible through analysis of the stories we tell about ourselves: stories about time, history, development, civilisation and the ineluctable spread of democracy. Elliott argues that these narratives have become a key tool in enabling practices that differentiate selves from others, friends from enemies, the domestic from the foreign, civilisation from the barbarian. They operate with a particular conception of time and constitute a British, democratic, national identity by positing an "other" that is barbaric, alien, despotic, violent and backward. Such understandings are useful in wake of disaster, because they leave us with something to do: danger can be managed by bringing certain people and places up-to-date. However, this book shows that there are other stories to be told, and that it is possible to read stories about history against the grain and author alternative, less oppressive, versions. Providing a genealogy drawing on material from colonial and postcolonial Britain and Pakistan, including legislation, political discourse, popular culture and government projects, this book will be of interest to scholars and students focusing on democracy promotion; genealogy; critical border studies; poststructural IR; postcolonial politics; discourse analysis; identity/subjectivity; and "the war on terror".
National Academies of Sciences, Engineering, and Medicine,Division on Earth and Life Studies,Board on Life Sciences,Committee on Gene Drive Research in Non-Human Organisms: Recommendations for Responsible Conduct
Advancing Science, Navigating Uncertainty, and Aligning Research with Public Values
Author: National Academies of Sciences, Engineering, and Medicine,Division on Earth and Life Studies,Board on Life Sciences,Committee on Gene Drive Research in Non-Human Organisms: Recommendations for Responsible Conduct
Publisher: National Academies Press
Research on gene drive systems is rapidly advancing. Many proposed applications of gene drive research aim to solve environmental and public health challenges, including the reduction of poverty and the burden of vector-borne diseases, such as malaria and dengue, which disproportionately impact low and middle income countries. However, due to their intrinsic qualities of rapid spread and irreversibility, gene drive systems raise many questions with respect to their safety relative to public and environmental health. Because gene drive systems are designed to alter the environments we share in ways that will be hard to anticipate and impossible to completely roll back, questions about the ethics surrounding use of this research are complex and will require very careful exploration. Gene Drives on the Horizon outlines the state of knowledge relative to the science, ethics, public engagement, and risk assessment as they pertain to research directions of gene drive systems and governance of the research process. This report offers principles for responsible practices of gene drive research and related applications for use by investigators, their institutions, the research funders, and regulators.