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ERIC Number: EJ768450
Record Type: Journal
Publication Date: 2005-Jan
Pages: 5
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0548-1457
EISSN: N/A
Brown's Legacy: The Promises and Pitfalls of Judicial Relief
Merritt, Deborah Jones
Negro Educational Review, The, v56 n1 p51-55 Jan 2005
"Brown v. Board of Education" (1954) is one of the greatest achievements of the American judicial system. It decisively declared racial segregation in the schools unconstitutional, inaugurating the modern civil rights era. In addition to advancing equality, "Brown" initiated a new type of judicial decision making. After "Brown," courts increasingly used the federal Constitution to achieve progressive social ends, and they issued detailed orders to implement those goals. Although courts have vindicated both the downtrodden and the powerful during the last 50 years, three factors make them particularly attentive to elites. First, elites understand the obscure customs of judicial process and are comfortable invoking that process. Second, elites can afford to hire the lawyers needed to navigate legal channels. And, finally, judges respond well to the highly intellectual arguments that elites compose. For all these reasons, "Brown's" legacy is double edged. It promises relief to racial minorities and other disempowered groups in some cases, but it also gives elites the power to evade democratic controls. As Americans celebrate "Brown," they must also look to new forms of political engagement to develop "Brown's" full legacy. The civil rights leaders who built the strategy behind "Brown" choose the right strategy for their time. It was essential that the United States Supreme Court declare the fundamental principal of equality and begin enforcement of that principle. Today, the times demand a different tactic. Courts may still play a role in finishing the battle that "Brown" began, but grassroots politics, community organizing, elected officials, and even global networks of protesters will play a more essential role. These are the new political forces with the power to challenge elites.
Negro Educational Review, Inc. NER Editorial Offices, School of Education, 1601 East Market Street, Greensboro, NC 27411. Tel: 412-648-7320; Fax: 412-648-7081; Web site: http://www.oma.osu.edu/vice_provost/ner/index.html
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: United States
Grant or Contract Numbers: N/A