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1
00:00:04,733 --> 00:00:07,736
I pledge allegiance
to the flag
2
00:00:07,736 --> 00:00:10,238
of the United States
of America
3
00:00:10,238 --> 00:00:14,242
and to the republic
for which it stands,
4
00:00:14,242 --> 00:00:16,744
one nation, indivisible,
5
00:00:16,745 --> 00:00:19,748
with liberty
and justice for all.
6
00:00:40,401 --> 00:00:41,902
Following the bitterly
contested
7
00:00:41,902 --> 00:00:43,904
25th republican
national convention,
8
00:00:43,904 --> 00:00:45,906
which saw
General Eisenhower
9
00:00:45,906 --> 00:00:47,407
win over Senator Taft
on the first ballot,
10
00:00:47,408 --> 00:00:49,410
a tumultuous convention
greets the nomination
11
00:00:49,910 --> 00:00:53,914
of the general, who's
become Mr. Eisenhower.
12
00:00:53,914 --> 00:00:56,416
With his running mate
Richard Nixon,
13
00:00:56,417 --> 00:00:58,919
he'll face democrat
Adlai Stevenson
14
00:00:58,919 --> 00:01:00,420
in the november election.
15
00:01:00,421 --> 00:01:02,423
We like Ike!
16
00:01:02,423 --> 00:01:04,925
We like Ike!
17
00:01:06,794 --> 00:01:08,796
At the united nations
'General Assembly',
18
00:01:08,796 --> 00:01:11,799
A.U.N. official walks in
almost unnoticed.
19
00:01:11,799 --> 00:01:13,801
He's Dr. Ralph Bunche,
20
00:01:13,801 --> 00:01:15,302
who, only a few
hours before,
21
00:01:15,302 --> 00:01:18,305
was announced winner
of 'The Nobel Peace Prize.'
22
00:01:18,806 --> 00:01:20,808
The first negro
to win the award,
23
00:01:20,808 --> 00:01:24,812
he is warmly congratulated
by friends.
24
00:01:24,812 --> 00:01:26,814
The supreme court
of the United States
25
00:01:26,814 --> 00:01:28,315
will hear cases
from 5 states
26
00:01:28,315 --> 00:01:31,201
to decide whether school
segregation is legal.
27
00:01:31,201 --> 00:01:32,702
The South Carolina case
28
00:01:33,203 --> 00:01:37,207
was filed by 62 parents
in Clarendon county.
29
00:01:37,207 --> 00:01:39,709
South Carolina governor
James F. Byrnes announced
30
00:01:40,210 --> 00:01:41,711
that the nation's
foremost trial lawyer,
31
00:01:41,712 --> 00:01:43,213
John W. Davis,
32
00:01:43,213 --> 00:01:45,715
will argue the case
before the supreme court.
33
00:02:17,997 --> 00:02:21,500
Hello.
Legal defense fund.
34
00:02:21,501 --> 00:02:22,502
I'll ring.
35
00:02:28,007 --> 00:02:30,009
Mr. Hill is handling
the Virginia case.
36
00:02:43,022 --> 00:02:44,523
I'll tell Bob Carter.
Yeah.
37
00:02:49,529 --> 00:02:51,030
Legal defense fund.
38
00:02:53,032 --> 00:02:55,533
I'm sorry. Mr. Marshall
isn't taking any calls.
39
00:03:10,916 --> 00:03:13,418
Why, Mr. Davis,
how good to see you.
40
00:03:13,418 --> 00:03:14,419
Good morning.
41
00:03:45,083 --> 00:03:48,086
Here. This will
help you sleep.
42
00:03:59,097 --> 00:04:02,100
John W. Davis.
43
00:04:02,100 --> 00:04:05,102
The lawyer's lawyer.
44
00:04:05,102 --> 00:04:07,104
In law school,
I used to cut classes,
45
00:04:07,104 --> 00:04:08,605
take the bus over
to the supreme court,
46
00:04:08,606 --> 00:04:09,607
and watch him.
47
00:04:11,609 --> 00:04:15,112
He was the greatest
solicitor general we ever had.
48
00:04:15,112 --> 00:04:18,115
I used to sit there
and say to myself,
49
00:04:18,115 --> 00:04:20,117
"Will I ever?"
50
00:04:20,618 --> 00:04:23,621
And every time
I'd have to answer,
51
00:04:23,621 --> 00:04:26,123
"No...
52
00:04:26,123 --> 00:04:27,624
never."
53
00:04:27,625 --> 00:04:30,628
Why does a man
of his stature
54
00:04:30,628 --> 00:04:32,129
take their side?
55
00:04:37,501 --> 00:04:40,504
The man has lived with
the law for 50 years.
56
00:04:41,005 --> 00:04:43,507
He must believe those fellows
at the supreme court
57
00:04:43,507 --> 00:04:45,008
will see it his way.
58
00:04:45,009 --> 00:04:47,011
Well, you know
what I think?
59
00:04:47,011 --> 00:04:50,014
I think you're the best
lawyer in America,
60
00:04:50,014 --> 00:04:52,516
and that Carter,
Greenberg, and Hill
61
00:04:52,516 --> 00:04:54,518
are not far behind.
62
00:04:56,020 --> 00:04:58,522
Well, we'll find out
soon enough.
63
00:05:00,524 --> 00:05:03,527
Will Dr. Levitt
let you travel?
64
00:05:03,527 --> 00:05:05,529
I'll be there.
65
00:05:05,529 --> 00:05:07,531
He said one more
week of treatments,
66
00:05:08,032 --> 00:05:09,533
then I can travel.
67
00:05:11,535 --> 00:05:14,537
I'll press this
and get the spots out.
68
00:05:14,537 --> 00:05:16,539
You got to get
some new clothes.
69
00:05:20,543 --> 00:05:23,045
I want you to look like
a great lawyer, too.
70
00:05:30,053 --> 00:05:31,054
Hello.
71
00:05:31,304 --> 00:05:33,306
I got your message.
72
00:05:33,306 --> 00:05:35,308
It's J.A. Delaine.
73
00:05:35,308 --> 00:05:36,809
Can you get to Washington?
74
00:05:36,809 --> 00:05:39,812
I've got a seat for you
at the supreme court.
75
00:05:39,812 --> 00:05:41,313
I shall be there.
76
00:05:44,317 --> 00:05:45,318
Tickets, please.
77
00:05:54,827 --> 00:05:56,328
Tomorrow
here in Washington,
78
00:05:56,329 --> 00:05:57,330
The supreme court
will hear arguments
79
00:05:57,830 --> 00:05:59,832
on Brown vs.
the 'board of education.'
80
00:05:59,832 --> 00:06:01,333
Lobbyists
for the negro plaintiffs
81
00:06:01,334 --> 00:06:03,336
in 4 states and
the district of Columbia
82
00:06:03,336 --> 00:06:05,838
are challenging the legality
of school segregation.
83
00:06:05,838 --> 00:06:07,973
John W. Davis
and Thurgood Marshall...
84
00:06:07,974 --> 00:06:09,475
response has been
terrific here.
85
00:06:09,475 --> 00:06:11,977
We've already
collected $12,000,
86
00:06:11,978 --> 00:06:13,479
and our people are
still on the phone.
87
00:06:13,479 --> 00:06:14,980
Please send it
directly to our bank.
88
00:06:14,981 --> 00:06:15,982
We expect
even more money.
89
00:06:15,982 --> 00:06:18,484
Thurgood greatly appreciates
your help at a crucial time.
90
00:06:18,985 --> 00:06:20,485
Some say
that Felix Frankfurter
91
00:06:20,485 --> 00:06:21,986
is the key man
on the court.
92
00:06:21,987 --> 00:06:23,989
There are 9 key men.
93
00:06:23,989 --> 00:06:25,490
Peter, why don't
we get our new man
94
00:06:25,490 --> 00:06:26,991
to fill the gentlemen in.
95
00:06:27,359 --> 00:06:29,361
Bill Coleman clerked
for justice Frankfurter
96
00:06:29,361 --> 00:06:31,363
during the 1948 term,
97
00:06:31,363 --> 00:06:33,865
the first colored man
ever chosen as clerk.
98
00:06:34,366 --> 00:06:35,867
He knows the justices.
99
00:06:35,867 --> 00:06:38,369
Bill, would you
give the gentlemen
100
00:06:38,370 --> 00:06:40,372
a sense of how
the court stacks up?
101
00:06:42,874 --> 00:06:45,376
Chief justice Vinson...
102
00:06:45,877 --> 00:06:46,878
he plays poker
2 nights a week
103
00:06:46,878 --> 00:06:48,880
with president Truman.
104
00:06:49,381 --> 00:06:50,382
Some say he's better
105
00:06:50,382 --> 00:06:51,383
at studying major league
batting averages
106
00:06:51,883 --> 00:06:52,884
than legal precedents.
107
00:06:53,385 --> 00:06:55,887
Vinson is a passive leader
of a divided court.
108
00:06:55,887 --> 00:06:58,389
One result--less than half
as many unanimous opinions
109
00:06:58,390 --> 00:07:00,392
this year as 10 years ago.
110
00:07:00,392 --> 00:07:02,894
Vinson relies heavily
on legal precedent.
111
00:07:02,894 --> 00:07:05,396
He's reluctant to overturn
established law.
112
00:07:06,898 --> 00:07:08,900
Tom Clark, Texas.
113
00:07:08,900 --> 00:07:11,903
Conservative, votes with
Vinson 90% of the time.
114
00:07:11,903 --> 00:07:15,907
His own state of Texas has
1,000 segregated schools.
115
00:07:15,907 --> 00:07:19,043
Justice Stanley Reed,
Kentucky.
116
00:07:20,545 --> 00:07:21,546
In some ways,
117
00:07:21,546 --> 00:07:24,048
he's still a small-town
southern lawyer.
118
00:07:24,049 --> 00:07:26,051
Says he opposes discrimination
against negroes,
119
00:07:26,051 --> 00:07:28,552
but his solution could be
equal schools,
120
00:07:28,552 --> 00:07:30,554
not desegregation.
121
00:07:33,057 --> 00:07:35,559
These two
we can count on.
122
00:07:35,559 --> 00:07:37,060
William O. Douglas
123
00:07:37,061 --> 00:07:38,562
is the youngest
member of the court.
124
00:07:38,562 --> 00:07:40,063
Hugo Black, the oldest.
125
00:07:40,064 --> 00:07:41,565
The strongest defenders
of individual liberties
126
00:07:41,565 --> 00:07:43,066
on the court.
127
00:07:45,069 --> 00:07:47,071
These two
we have to work on--
128
00:07:47,071 --> 00:07:49,573
Jackson and Frankfurter.
129
00:07:49,573 --> 00:07:51,074
Robert Jackson
was appointed to the court
130
00:07:51,575 --> 00:07:53,577
by Roosevelt in 1941.
131
00:07:53,577 --> 00:07:55,078
He's still upset
that Truman passed him over
132
00:07:55,579 --> 00:07:58,582
when he made Vinson
chief justice.
133
00:07:58,582 --> 00:08:00,584
Do you know what
stare decisis means?
134
00:08:00,584 --> 00:08:03,587
Yesterday's decision shall
govern today's decision?
135
00:08:04,088 --> 00:08:05,089
Exactly.
136
00:08:05,089 --> 00:08:07,091
Jackson believes
that precedents
137
00:08:07,591 --> 00:08:09,593
are a force for stability.
138
00:08:09,593 --> 00:08:12,095
So, like a coral reef,
139
00:08:12,096 --> 00:08:15,099
the law becomes
a structure of fossils.
140
00:08:15,099 --> 00:08:16,600
Felix Frankfurter--
141
00:08:16,600 --> 00:08:19,970
the finest intellect
on the court.
142
00:08:19,970 --> 00:08:21,471
A jew born in Europe.
143
00:08:21,972 --> 00:08:23,974
He knows discrimination.
144
00:08:23,974 --> 00:08:24,975
He used to say to us,
145
00:08:24,975 --> 00:08:28,478
"How we feel
is not important.
146
00:08:28,479 --> 00:08:29,980
It's the law
that matters."
147
00:08:29,980 --> 00:08:31,481
Is this Davis fellow
148
00:08:31,482 --> 00:08:33,984
as brilliant as
his reputation?
149
00:08:33,984 --> 00:08:36,485
They call him
the lawyer's lawyer.
150
00:09:06,015 --> 00:09:07,516
I burned
your old one.
151
00:09:13,523 --> 00:09:17,527
Tomorrow morning,
I want you looking
152
00:09:17,527 --> 00:09:23,032
every bit as good
as Mr. John W. Davis.
153
00:09:50,058 --> 00:09:51,559
12th street
and New York Avenue.
154
00:09:51,560 --> 00:09:52,561
Watch your step.
155
00:10:41,860 --> 00:10:44,362
The congressional
has arrived from New York
156
00:10:44,363 --> 00:10:46,365
on track 9.
157
00:10:46,498 --> 00:10:47,999
Hello, Julia.
Hello, John.
158
00:10:48,000 --> 00:10:51,003
Mr. Davis, I cast my
first vote for president
159
00:10:51,003 --> 00:10:53,504
in 1924 for you.
160
00:10:53,504 --> 00:10:55,005
Well, as things
turned out,
161
00:10:55,006 --> 00:10:56,507
that vote
didn't harm anyone.
162
00:10:59,010 --> 00:11:02,513
If everyone who says they
voted for me actually did,
163
00:11:02,513 --> 00:11:04,014
I'd have been president.
164
00:12:01,938 --> 00:12:02,939
Good luck, Marshall.
165
00:12:08,445 --> 00:12:11,448
Mrs. Marshall,
I'm Julia Davis,
166
00:12:11,448 --> 00:12:12,949
Mr. Davis' daughter.
167
00:12:12,949 --> 00:12:14,450
It's nice
to meet you.
168
00:12:14,451 --> 00:12:17,454
I have great respect
for your husband.
169
00:12:17,454 --> 00:12:19,456
Thank you.
170
00:12:21,458 --> 00:12:22,459
All rise.
171
00:12:24,961 --> 00:12:25,962
The honorable
the chief justice
172
00:12:26,463 --> 00:12:27,464
and the associate justices
173
00:12:27,464 --> 00:12:29,466
of the supreme court
of the United States.
174
00:12:29,466 --> 00:12:31,468
Oyez, oyez, oyez.
175
00:12:31,968 --> 00:12:33,970
All persons having business
before the honorable
176
00:12:33,970 --> 00:12:35,471
the supreme court
of the United States
177
00:12:35,472 --> 00:12:37,474
are invited to draw near
and give their attention,
178
00:12:37,974 --> 00:12:39,976
for the court
is now sitting.
179
00:12:39,976 --> 00:12:41,477
God save
the United States
180
00:12:41,478 --> 00:12:43,480
and this honorable court.
181
00:12:48,485 --> 00:12:53,490
Case number 101--
Harry Briggs, Jr. et al.
182
00:12:53,623 --> 00:12:55,124
Against members
of trustees
183
00:12:55,125 --> 00:12:58,128
of school district
number 22,
184
00:12:58,128 --> 00:13:02,132
Clarendon county,
South Carolina, et al.
185
00:13:02,132 --> 00:13:03,633
Counsel are present.
186
00:13:05,635 --> 00:13:07,637
Mr. Marshall.
187
00:13:14,143 --> 00:13:17,146
Mr. Chief Justice.
188
00:13:17,146 --> 00:13:18,647
may it please the court,
189
00:13:18,647 --> 00:13:20,649
my colleagues will address
190
00:13:20,649 --> 00:13:23,151
the Kansas, Delaware,
Virginia,
191
00:13:23,152 --> 00:13:24,653
and district
of Columbia cases.
192
00:13:24,653 --> 00:13:28,156
I will speak on behalf...
193
00:13:28,157 --> 00:13:30,659
of Harry Briggs, Jr.
and the negro children
194
00:13:30,659 --> 00:13:33,662
of the town of Summerton,
195
00:13:33,662 --> 00:13:35,664
who have raised their attack
196
00:13:35,664 --> 00:13:38,667
on the validity
of the South Carolina code
197
00:13:38,667 --> 00:13:40,168
which reads,
198
00:13:40,169 --> 00:13:41,670
"It shall be unlawful
199
00:13:41,670 --> 00:13:45,173
"for pupils of one race
200
00:13:45,174 --> 00:13:48,677
"to attend
the schools provided
201
00:13:48,677 --> 00:13:52,180
for persons
of another race."
202
00:13:57,686 --> 00:14:01,189
In the lower courts,
203
00:14:01,190 --> 00:14:06,695
we produced
unchallenged experts
204
00:14:06,695 --> 00:14:10,198
who testified
that segregation
205
00:14:10,699 --> 00:14:14,703
damages the personality
of negro children
206
00:14:14,703 --> 00:14:19,707
and destroys
their self-respect.
207
00:14:19,707 --> 00:14:23,210
If Ralph Bunche,
208
00:14:23,211 --> 00:14:26,214
this nation's
distinguished ambassador
209
00:14:26,214 --> 00:14:27,715
to the United Nations,
210
00:14:27,715 --> 00:14:31,218
were assigned
to South Carolina,
211
00:14:31,219 --> 00:14:32,720
it would be the will
of the people
212
00:14:32,720 --> 00:14:36,223
that his children
go to a 'Jim-Crow School.'
213
00:14:38,726 --> 00:14:41,228
No matter how great
anyone becomes,
214
00:14:41,229 --> 00:14:43,731
if he happens to be a negro,
215
00:14:43,731 --> 00:14:50,738
his children are relegated
to that school.
216
00:14:51,739 --> 00:14:53,741
Yet this court
217
00:14:53,741 --> 00:14:56,744
is being asked
by the defense
218
00:14:56,744 --> 00:14:59,747
to uphold
the segregation law
219
00:14:59,747 --> 00:15:02,015
of South Carolina.
220
00:15:02,016 --> 00:15:05,519
Under our form
of government,
221
00:15:05,519 --> 00:15:10,524
the only testing ground
222
00:15:10,524 --> 00:15:13,527
as to whether or not
individual rights
223
00:15:13,527 --> 00:15:15,529
are violated
by the majority
224
00:15:15,529 --> 00:15:18,031
is here in this,
225
00:15:18,532 --> 00:15:22,536
the supreme court
of the United States.
226
00:15:22,536 --> 00:15:26,539
The court must weigh
227
00:15:26,539 --> 00:15:28,040
the rights
of the negro children
228
00:15:28,041 --> 00:15:30,543
against the public policy
229
00:15:30,543 --> 00:15:32,545
of the state
of South Carolina.
230
00:15:32,545 --> 00:15:37,550
And if that policy
violates those rights,
231
00:15:37,550 --> 00:15:41,053
then this court,
reluctant or otherwise,
232
00:15:41,054 --> 00:15:44,057
is obliged to say
233
00:15:44,557 --> 00:15:48,060
that that policy
has run up against
234
00:15:48,061 --> 00:15:50,563
the 14th amendment
to the constitution,
235
00:15:50,563 --> 00:15:53,566
which guarantees
all citizens
236
00:15:53,566 --> 00:15:56,569
equal treatment
under the law.
237
00:15:58,071 --> 00:16:02,075
We, therefore,
respectfully urge...
238
00:16:03,576 --> 00:16:05,578
that the judgment
of the district court
239
00:16:06,079 --> 00:16:07,580
be reversed
240
00:16:07,580 --> 00:16:11,083
and the children's rights
be affirmed.
241
00:16:13,086 --> 00:16:15,088
Is it fair to say
242
00:16:15,088 --> 00:16:17,090
that the South
Carolina legislature
243
00:16:17,090 --> 00:16:19,592
set up
segregated schools
244
00:16:19,592 --> 00:16:21,594
to avoid
racial friction?
245
00:16:21,594 --> 00:16:23,596
Yes, sir.
246
00:16:23,596 --> 00:16:25,097
Doesn't
the legislature
247
00:16:25,098 --> 00:16:27,100
have to weigh
the advantage
248
00:16:27,100 --> 00:16:29,102
of maintaining
law and order
249
00:16:29,102 --> 00:16:31,604
against what might
be a disadvantage
250
00:16:31,604 --> 00:16:33,105
to the segregated
group?
251
00:16:33,106 --> 00:16:36,108
I think that the legislature
should, Mr. Justice Reed,
252
00:16:36,108 --> 00:16:39,111
but I--I think
we have to bear in mind
253
00:16:39,111 --> 00:16:41,113
that, as far as I know,
254
00:16:41,113 --> 00:16:42,614
in these states,
255
00:16:42,614 --> 00:16:45,116
there is not
a single negro legislator
256
00:16:45,617 --> 00:16:46,618
doing the weighing.
257
00:16:47,119 --> 00:16:50,122
The only point
before this court
258
00:16:50,122 --> 00:16:52,624
is the law as it was applied
in Clarendon county.
259
00:16:52,624 --> 00:16:54,125
All we are asking
260
00:16:54,126 --> 00:16:56,628
is that the state-imposed
racial segregation
261
00:16:56,628 --> 00:16:58,630
be stopped
262
00:16:58,630 --> 00:16:59,631
and that the county
school board
263
00:16:59,631 --> 00:17:02,133
be instructed
to work out a solution.
264
00:17:02,634 --> 00:17:04,135
What kind
of a solution?
265
00:17:05,637 --> 00:17:06,638
They could assign
children to schools
266
00:17:06,638 --> 00:17:08,640
on any reasonable basis.
267
00:17:08,640 --> 00:17:09,641
You mean
we would have
268
00:17:09,641 --> 00:17:11,142
gerrymandering
of school districts?
269
00:17:11,643 --> 00:17:13,144
Not gerrymandering,
Mr. Justice Frankfurter.
270
00:17:13,145 --> 00:17:14,646
the new district lines
271
00:17:14,646 --> 00:17:17,148
would simply have to be
drawn on a natural basis
272
00:17:17,149 --> 00:17:19,151
without regard
to race or color.
273
00:17:19,151 --> 00:17:20,652
It would be
important to me
274
00:17:20,652 --> 00:17:21,653
to have you
spell out
275
00:17:21,653 --> 00:17:23,154
exactly
what would happen
276
00:17:23,155 --> 00:17:24,656
if this court
reverses
277
00:17:25,157 --> 00:17:27,159
and the case goes back
to South Carolina.
278
00:17:27,159 --> 00:17:28,160
What is important
279
00:17:28,160 --> 00:17:31,163
is that we get
the principle established.
280
00:17:31,163 --> 00:17:35,167
Segregation by race
is not legal.
281
00:17:37,669 --> 00:17:40,672
It is impossible right now
282
00:17:40,672 --> 00:17:44,174
to say precisely
how it will work.
283
00:17:44,175 --> 00:17:45,176
I think it's important
to know
284
00:17:45,676 --> 00:17:48,178
before one starts out
where he is going.
285
00:17:49,680 --> 00:17:52,683
I would like to reserve
the remainder of my time.
286
00:18:04,195 --> 00:18:05,696
I was watching
287
00:18:05,696 --> 00:18:08,198
chief justice
Vinson very carefully,
288
00:18:08,199 --> 00:18:09,700
his face.
289
00:18:09,700 --> 00:18:12,703
i don't like the
expression in his eyes.
290
00:18:18,209 --> 00:18:19,710
How did we do?
291
00:18:20,211 --> 00:18:21,712
I think we've made
a number of points
292
00:18:21,712 --> 00:18:22,713
very effectively.
293
00:18:23,214 --> 00:18:24,715
Truth is, fellas,
294
00:18:24,715 --> 00:18:27,217
I wasn't very good.
295
00:18:27,218 --> 00:18:29,720
Frankfurter
is thorny.
296
00:18:29,720 --> 00:18:33,223
Hardly lets a man
finish a sentence.
297
00:18:33,224 --> 00:18:35,726
An experienced lawyer
is prepared for that.
298
00:18:35,726 --> 00:18:38,228
I let myself
get bogged down in detail.
299
00:18:38,229 --> 00:18:39,730
The one thing
I wanted to do
300
00:18:39,730 --> 00:18:42,733
was find a way to talk
about the principle,
301
00:18:42,733 --> 00:18:45,235
convince them
that segregation
302
00:18:45,236 --> 00:18:48,739
is morally wrong,
303
00:18:49,240 --> 00:18:53,243
that there is no such thing
as separate equality.
304
00:18:54,744 --> 00:18:56,746
Says counsel
for the plaintiff,
305
00:18:56,746 --> 00:18:58,748
"We have
the uncontradicted testimony
306
00:18:59,249 --> 00:19:00,750
"of expert witnesses
307
00:19:00,750 --> 00:19:03,252
"that segregation
is hurtful to the children
308
00:19:03,253 --> 00:19:05,755
of both the colored
and the white races."
309
00:19:05,755 --> 00:19:07,757
Now, there are experts,
310
00:19:07,757 --> 00:19:10,259
and there are experts.
311
00:19:10,260 --> 00:19:11,761
Let me read
a sentence or 2
312
00:19:11,761 --> 00:19:13,763
from W. E. B. Du Bois,
313
00:19:13,763 --> 00:19:15,765
the great negro educator.
314
00:19:19,269 --> 00:19:22,272
"I have seen wise
and loving colored parents
315
00:19:22,272 --> 00:19:23,773
"take infinite pains
316
00:19:23,773 --> 00:19:26,776
"to force their
little children into schools
317
00:19:26,776 --> 00:19:30,279
"where the white children
and white teachers
318
00:19:30,280 --> 00:19:33,283
"despised and bullied
the dark child.
319
00:19:33,783 --> 00:19:34,784
"Now, such parents
want their children
320
00:19:34,784 --> 00:19:36,285
"to fight this thing out,
321
00:19:36,286 --> 00:19:39,289
but, dear god,
at what a cost."
322
00:19:39,289 --> 00:19:41,791
Dr. Du Bois concludes,
323
00:19:41,791 --> 00:19:43,793
"We shall do better
by putting the children
324
00:19:43,793 --> 00:19:45,294
"in schools
where they are wanted
325
00:19:45,795 --> 00:19:47,797
"than by thrusting them
into hells
326
00:19:47,797 --> 00:19:51,300
where they are
ridiculed and hated."
327
00:19:51,301 --> 00:19:53,803
Let me come now to what
is the crux of this case--
328
00:19:53,803 --> 00:19:55,805
that is the meaning
and interpretation
329
00:19:55,805 --> 00:19:57,807
of the 14th amendment
330
00:19:57,807 --> 00:20:00,308
to the constitution
of the United States.
331
00:20:00,309 --> 00:20:02,311
Your honors have said
it is your duty,
332
00:20:02,311 --> 00:20:03,312
and I quote,
333
00:20:03,312 --> 00:20:05,814
"To place ourselves
as nearly as possible
334
00:20:05,814 --> 00:20:09,317
in the condition of the men
who framed the instrument."
335
00:20:09,318 --> 00:20:10,819
Now, what was the condition
336
00:20:10,819 --> 00:20:12,821
of those who framed
the instrument?
337
00:20:12,821 --> 00:20:14,322
I will tell you.
338
00:20:14,323 --> 00:20:17,326
The resolution proposing
the 14th amendment
339
00:20:17,826 --> 00:20:21,830
was proffered by congress
in june of 1866.
340
00:20:21,830 --> 00:20:23,331
One month later,
the same congress
341
00:20:23,832 --> 00:20:26,334
established separate
schools for the races
342
00:20:26,335 --> 00:20:29,338
right here in the district
of Columbia.
343
00:20:29,338 --> 00:20:32,341
And from that good day
to this,
344
00:20:32,341 --> 00:20:35,344
congress has not wavered
in that policy.
345
00:20:35,344 --> 00:20:38,347
So clearly, the congress
does not believe
346
00:20:38,347 --> 00:20:41,350
that the constitution speaks
against segregated schools.
347
00:20:41,850 --> 00:20:43,351
What is your answer,
Mr. Davis,
348
00:20:43,352 --> 00:20:44,353
to the suggestion
349
00:20:44,353 --> 00:20:47,356
that the constitution
is a living document
350
00:20:47,356 --> 00:20:49,858
that must be interpreted
in relation to the facts
351
00:20:49,858 --> 00:20:51,860
at the time
it is interpreted?
352
00:20:51,860 --> 00:20:54,362
My answer to that,
Mr. Justice Douglas,
353
00:20:54,363 --> 00:20:57,866
is that changed conditions
do not expand the language
354
00:20:57,866 --> 00:21:00,869
that the framers of
the constitution employed.
355
00:21:00,869 --> 00:21:02,370
And it is inconceivable
that the congress
356
00:21:02,371 --> 00:21:04,373
which passed
the 14th amendment
357
00:21:04,373 --> 00:21:06,875
would have
forbidden the states
358
00:21:06,875 --> 00:21:08,375
to employ
an educational plan
359
00:21:08,376 --> 00:21:09,877
which congress itself
360
00:21:09,877 --> 00:21:12,379
was employing in
the district of Columbia.
361
00:21:12,880 --> 00:21:15,382
No court,
I respectfully submit,
362
00:21:15,883 --> 00:21:18,886
is justified
in ignoring that.
363
00:21:18,886 --> 00:21:20,387
And over the years,
this court has spoken
364
00:21:20,388 --> 00:21:22,890
in the most clear
and unmistakable terms
365
00:21:22,890 --> 00:21:26,393
to the effect that
segregation is not unlawful.
366
00:21:26,394 --> 00:21:28,396
In Plessy vs. Ferguson
367
00:21:28,396 --> 00:21:30,898
and in 6 subsequent cases,
368
00:21:30,898 --> 00:21:33,400
the doctrine
of separate but equal
369
00:21:33,901 --> 00:21:35,402
has been upheld.
370
00:21:35,403 --> 00:21:38,906
So, your honors,
I might ask,
371
00:21:38,906 --> 00:21:42,409
why should this be a matter
of great national policy?
372
00:21:42,910 --> 00:21:44,912
Is it not a fact the very
strength and fiber
373
00:21:44,912 --> 00:21:46,413
of our federal system
374
00:21:46,414 --> 00:21:48,416
is local self-government?
375
00:21:50,418 --> 00:21:52,420
I respectfully submit
376
00:21:52,420 --> 00:21:55,556
there is no reason why
this court or any other
377
00:21:55,556 --> 00:21:59,560
should reverse
the findings of 90 years.
378
00:21:59,811 --> 00:22:00,428
Mr. Marshall.
379
00:22:00,428 --> 00:22:01,429
Mr. Marshall,
over here, please.
380
00:22:01,429 --> 00:22:03,931
How will the court rule?
381
00:22:03,931 --> 00:22:05,432
Mr. Carter, come
this way, please.
382
00:22:05,933 --> 00:22:07,434
Masterful, John.
383
00:22:07,435 --> 00:22:08,936
You did us proud.
384
00:22:08,936 --> 00:22:10,437
Thank you, Jim.
385
00:22:10,438 --> 00:22:11,939
How do you see it?
386
00:22:11,939 --> 00:22:13,941
Oh, 6-3.
Maybe 5-4.
387
00:22:14,442 --> 00:22:16,943
In the language
of the famous general,
388
00:22:16,943 --> 00:22:18,444
we've got them.
389
00:22:18,445 --> 00:22:20,447
And they'll
never get home.
390
00:22:21,448 --> 00:22:23,450
Mr. Marshall, aren't
all the precedents
391
00:22:23,450 --> 00:22:24,451
that have been set
392
00:22:24,451 --> 00:22:25,452
relating to
this decision...
393
00:22:55,615 --> 00:22:58,618
Well, Bob, I guess
it's out of our hands.
394
00:22:58,618 --> 00:23:01,120
The lives and hopes
of so many millions
395
00:23:01,121 --> 00:23:06,126
rest in the hands of
those 9 men.
396
00:23:06,126 --> 00:23:07,127
When do you think
397
00:23:07,127 --> 00:23:08,628
they'll come down
with a decision?
398
00:23:09,129 --> 00:23:11,131
Months, not weeks.
399
00:23:14,634 --> 00:23:17,637
I let myself
get tangled up
400
00:23:17,637 --> 00:23:20,640
in their questions...
401
00:23:22,142 --> 00:23:24,143
and caught
in the underbrush.
402
00:23:24,143 --> 00:23:25,644
Davis...
403
00:23:27,146 --> 00:23:30,649
he makes it sound
like pages of history.
404
00:23:30,649 --> 00:23:32,651
Come on, Thurgood.
405
00:23:32,651 --> 00:23:34,152
It's christmas.
406
00:23:35,154 --> 00:23:37,656
Yeah.
407
00:23:37,656 --> 00:23:39,157
What about
this housing case?
408
00:23:39,158 --> 00:23:40,159
I'll take care
of things.
409
00:23:40,659 --> 00:23:41,660
Don't you worry.
410
00:23:41,660 --> 00:23:43,161
These people
are depending on us.
411
00:23:43,162 --> 00:23:45,664
Buster
needs you now.
412
00:23:52,171 --> 00:23:53,172
Yeah.
413
00:23:53,172 --> 00:23:54,673
All these years
you've been tramping
414
00:23:54,673 --> 00:23:57,676
in and out
of southern courthouses.
415
00:23:58,177 --> 00:24:00,179
Now is the time
you can be with her.
416
00:24:04,683 --> 00:24:06,184
Yeah.
417
00:24:08,687 --> 00:24:10,689
I'll keep in touch.
418
00:24:12,691 --> 00:24:14,192
Thurgood...
419
00:24:14,193 --> 00:24:16,695
is she
going to be ok?
420
00:24:19,198 --> 00:24:20,199
She's got to be ok.
421
00:24:27,072 --> 00:24:28,073
The nation's capital,
422
00:24:28,073 --> 00:24:29,574
ready for its day of days,
423
00:24:29,575 --> 00:24:32,076
the inauguration
of a new president.
424
00:24:38,082 --> 00:24:41,085
the dignitaries file
through the Capitol rotunda
425
00:24:41,085 --> 00:24:42,586
toward the portico,
426
00:24:42,587 --> 00:24:45,089
where the transfer of
the presidency will occur.
427
00:24:45,089 --> 00:24:47,591
Here are
members of congress.
428
00:24:47,592 --> 00:24:49,093
Behind them,
429
00:24:49,093 --> 00:24:51,595
members of the supreme court
of the United States
430
00:24:51,596 --> 00:24:53,097
in judicial robes.
431
00:24:53,097 --> 00:24:55,232
I, Dwight D. Eisenhower,
432
00:24:55,233 --> 00:24:56,851
do solemnly swear
433
00:24:56,851 --> 00:24:59,353
that i will faithfully
execute the office
434
00:24:59,354 --> 00:25:01,856
of the president
of the United States
435
00:25:01,856 --> 00:25:04,108
and will, to the best
of my ability,
436
00:25:04,108 --> 00:25:07,111
preserve, protect,
and defend
437
00:25:07,111 --> 00:25:10,114
the constitution
of the United States,
438
00:25:10,114 --> 00:25:11,115
so help me God.
439
00:25:16,120 --> 00:25:17,121
Seen Justice Frankfurter?
440
00:25:17,622 --> 00:25:18,623
Yes, sir. Been here
at least an hour.
441
00:25:18,623 --> 00:25:20,124
Came in at 7:30 sharp.
442
00:25:26,130 --> 00:25:27,631
Mr. Justice Reed,
Mr. Justice Jackson.
443
00:25:28,132 --> 00:25:29,133
Good morning.
444
00:25:37,642 --> 00:25:39,143
Morning, sir.
445
00:25:39,644 --> 00:25:41,645
Here are the notes
on the 14th amendment
446
00:25:41,645 --> 00:25:43,146
for the Clarendon matter.
447
00:25:43,146 --> 00:25:44,647
Yes, Mark.
448
00:25:46,149 --> 00:25:47,650
Have the brethren
assembled?
449
00:25:47,651 --> 00:25:49,152
I saw justices
Reed and Jackson
450
00:25:49,152 --> 00:25:50,653
going up the hall.
451
00:25:50,654 --> 00:25:52,155
May I ask
how it's going?
452
00:25:52,155 --> 00:25:53,156
You may.
453
00:25:53,156 --> 00:25:54,157
But knowing as you do
454
00:25:54,658 --> 00:25:56,660
that the deliberations of
the justices are privileged,
455
00:25:56,660 --> 00:25:59,162
you may not expect
a reply.
456
00:26:01,164 --> 00:26:03,666
Stuck in the mud.
No leadership.
457
00:26:03,667 --> 00:26:04,668
The chief?
458
00:26:05,168 --> 00:26:06,169
Heh heh.
459
00:26:09,172 --> 00:26:10,173
Good morning.
460
00:26:10,173 --> 00:26:12,175
Mr. Justice Black,
Mr. Justice Douglas,
461
00:26:12,175 --> 00:26:14,177
Mr. Justice Clark...
462
00:26:14,177 --> 00:26:16,679
Mr. Justice Reed,
Mr. Justice Jackson.
463
00:26:18,682 --> 00:26:20,183
It's very simple for me.
464
00:26:20,183 --> 00:26:22,185
The state
cannot classify people
465
00:26:22,686 --> 00:26:24,688
by color for education.
466
00:26:24,688 --> 00:26:25,689
I'm with Douglas.
467
00:26:26,189 --> 00:26:27,690
Prepared
to desegregate.
468
00:26:27,691 --> 00:26:31,194
I see it differently
from Black and Douglas.
469
00:26:31,194 --> 00:26:32,695
You have to look
at the achievements
470
00:26:32,696 --> 00:26:34,197
of the negro people,
471
00:26:34,197 --> 00:26:36,699
the remarkable progress
that's been made
472
00:26:36,700 --> 00:26:40,203
since the deprivations
of slavery till today.
473
00:26:40,704 --> 00:26:43,707
I believe that in time,
the states,
474
00:26:43,707 --> 00:26:45,208
as this progress
continues,
475
00:26:45,709 --> 00:26:48,210
will themselves
lower the barrier.
476
00:26:48,210 --> 00:26:50,212
Meanwhile,
the Plessy decision,
477
00:26:50,212 --> 00:26:52,214
with its separate
but equal doctrine,
478
00:26:52,214 --> 00:26:53,715
is the law of the land.
479
00:26:53,716 --> 00:26:55,718
It has been for
half a century.
480
00:26:55,718 --> 00:26:59,221
I see no compelling reason
for overturning it now.
481
00:26:59,221 --> 00:27:01,223
I agree with reed.
482
00:27:01,223 --> 00:27:02,724
We were not
appointed to this court
483
00:27:02,725 --> 00:27:03,726
to make the law,
484
00:27:03,726 --> 00:27:05,227
we're here to interpret it.
485
00:27:05,227 --> 00:27:08,230
I'm comfortable with
the precedents before us.
486
00:27:08,230 --> 00:27:09,731
Doesn't
stare decisis mean
487
00:27:10,232 --> 00:27:11,733
that the court
doesn't change its mind
488
00:27:11,734 --> 00:27:14,236
just because some new
justices come along?
489
00:27:19,241 --> 00:27:21,243
The colored children
in South Carolina,
490
00:27:21,243 --> 00:27:23,745
Kansas,
Delaware, Virginia,
491
00:27:23,746 --> 00:27:25,247
and the district
of Columbia
492
00:27:25,247 --> 00:27:28,250
appealed to this court,
claiming that segregation
493
00:27:28,250 --> 00:27:31,253
denies them
equal opportunity.
494
00:27:31,253 --> 00:27:33,255
Now, we can't
wear blinders.
495
00:27:33,255 --> 00:27:35,257
The state segregation laws
must be struck down.
496
00:27:35,257 --> 00:27:37,759
I simply do not agree
497
00:27:37,760 --> 00:27:39,762
that the framers
of the 14th amendment
498
00:27:39,762 --> 00:27:42,264
intended to bar
segregated schools.
499
00:27:42,264 --> 00:27:45,767
It doesn't say that.
it says, "Equal protection,"
500
00:27:45,768 --> 00:27:49,021
and the schools
are being equalized.
501
00:27:49,522 --> 00:27:51,524
What about the congress?
502
00:27:51,524 --> 00:27:53,025
It's their job
to take this on
503
00:27:53,025 --> 00:27:54,526
and save us
from becoming
504
00:27:54,527 --> 00:27:58,530
a 9-man school board
for the entire country.
505
00:27:59,030 --> 00:28:01,032
I'm concerned over
the effect on the country
506
00:28:01,032 --> 00:28:02,533
if this court
should put forward
507
00:28:02,534 --> 00:28:04,035
a divided decision.
508
00:28:04,536 --> 00:28:06,538
Felix, we have issued
split decisions before,
509
00:28:07,038 --> 00:28:09,040
and the republic
has survived nicely.
510
00:28:09,040 --> 00:28:10,041
Of course we have,
511
00:28:10,041 --> 00:28:12,043
but this
is an explosive issue.
512
00:28:13,545 --> 00:28:15,046
Some governors
have stated publicly
513
00:28:15,547 --> 00:28:17,549
that they would resist
an order to desegregate.
514
00:28:18,049 --> 00:28:20,051
It would be
a catastrophe if this court
515
00:28:20,051 --> 00:28:23,054
put forward a decision
it can't enforce.
516
00:28:23,054 --> 00:28:24,555
Perhaps Felix' warning
517
00:28:24,556 --> 00:28:26,558
should lead us
in the direction of caution
518
00:28:26,558 --> 00:28:28,560
when it comes
to overturning precedents
519
00:28:29,060 --> 00:28:30,561
which have been
so continuously upheld
520
00:28:31,062 --> 00:28:32,063
by the court.
521
00:28:32,564 --> 00:28:35,066
We can move on
to other matters
522
00:28:35,066 --> 00:28:37,568
and revisit the school cases
at another time.
523
00:28:53,585 --> 00:28:56,087
It just seems
so clear-cut to me.
524
00:28:56,087 --> 00:28:57,088
Segregation
is wrong,
525
00:28:57,589 --> 00:28:59,090
so the court votes
to ban it.
526
00:28:59,090 --> 00:29:00,591
Bang.
527
00:29:00,592 --> 00:29:02,594
Yes, Mark, a moral question
528
00:29:03,094 --> 00:29:05,095
and a legal question
529
00:29:05,095 --> 00:29:06,596
and what else?
530
00:29:06,597 --> 00:29:07,598
Nothing else.
531
00:29:07,598 --> 00:29:10,100
Wrong. It's also
a political question.
532
00:29:10,100 --> 00:29:11,601
The supreme court
is above that.
533
00:29:11,602 --> 00:29:12,603
That's why justices
534
00:29:12,603 --> 00:29:14,104
have lifetime
appointments.
535
00:29:14,104 --> 00:29:15,605
That doesn't
keep justices--
536
00:29:15,606 --> 00:29:17,608
some justices--
from being concerned
537
00:29:17,608 --> 00:29:19,610
about the political effect
of what they do,
538
00:29:19,610 --> 00:29:22,613
including this justice.
539
00:29:22,613 --> 00:29:26,116
If we come down with
a 5-4 decision to desegregate
540
00:29:26,116 --> 00:29:27,117
or if we come down with
541
00:29:27,618 --> 00:29:30,621
a 6-3 decision to
uphold separate but equal,
542
00:29:30,621 --> 00:29:32,122
there will be
the majority opinion
543
00:29:32,122 --> 00:29:35,125
and one, 2, or 3
dissenting opinions.
544
00:29:35,125 --> 00:29:37,627
Judges like to put
their spoon in the pie.
545
00:29:37,628 --> 00:29:40,697
After 6 conferences,
we are still split.
546
00:29:40,697 --> 00:29:42,198
A divided court
547
00:29:42,199 --> 00:29:45,202
will send a terribly confused
signal to the country.
548
00:29:45,702 --> 00:29:46,703
Could have
massive opposition,
549
00:29:47,204 --> 00:29:48,705
whichever way
the decision goes.
550
00:29:50,707 --> 00:29:52,709
So, what happens?
551
00:29:54,211 --> 00:29:56,213
You need a kochloffel.
552
00:29:56,213 --> 00:29:58,215
What's a kochloffel?
553
00:29:59,216 --> 00:30:03,220
A cooking spoon
that stirs things up.
554
00:30:03,220 --> 00:30:05,722
Now we should turn
our attention
555
00:30:05,722 --> 00:30:07,724
to the school cases.
556
00:30:07,724 --> 00:30:08,725
I do believe
it is time
557
00:30:08,725 --> 00:30:11,728
to cut the cards
and deal.
558
00:30:11,728 --> 00:30:13,729
I know
where i stand.
559
00:30:19,735 --> 00:30:21,737
I've been thinking.
560
00:30:21,737 --> 00:30:25,240
The 14th amendment is at
the heart of this question.
561
00:30:25,241 --> 00:30:26,242
How can we be sure
562
00:30:26,242 --> 00:30:28,244
what the intent
of the amendment is
563
00:30:28,244 --> 00:30:29,745
unless we know
what was in the mind
564
00:30:29,745 --> 00:30:32,748
of the congress
that framed it in 1865
565
00:30:32,748 --> 00:30:35,751
and the state legislatures
that ratified it?
566
00:30:35,751 --> 00:30:39,755
Did they intend for it to
forbid segregated schools?
567
00:30:39,755 --> 00:30:41,757
We are being asked
to make what could be
568
00:30:42,258 --> 00:30:43,759
the most important
judicial decision
569
00:30:44,260 --> 00:30:45,761
of this century,
570
00:30:45,761 --> 00:30:48,764
and we are doing it
without all the facts.
571
00:30:48,764 --> 00:30:51,266
I propose...
572
00:30:51,267 --> 00:30:53,769
that we ask counsel
on both sides
573
00:30:53,769 --> 00:30:57,773
to come back
and re-argue the case,
574
00:30:57,773 --> 00:30:59,775
focusing on this question--
575
00:30:59,775 --> 00:31:01,276
what evidence is there
576
00:31:01,277 --> 00:31:02,778
that the framers
contemplated
577
00:31:02,778 --> 00:31:04,780
or did not contemplate
578
00:31:04,780 --> 00:31:07,282
that the 14th amendment
would abolish segregation
579
00:31:07,283 --> 00:31:09,785
in the public schools?
580
00:31:09,785 --> 00:31:11,787
With that information,
581
00:31:11,787 --> 00:31:13,789
we would be able
to make a sound judgment.
582
00:31:19,545 --> 00:31:21,045
Excellent. Excellent.
583
00:31:43,818 --> 00:31:44,819
Hello.
584
00:31:46,821 --> 00:31:47,822
Are you sure?
585
00:31:49,824 --> 00:31:50,825
Thanks.
586
00:31:54,829 --> 00:31:56,831
Re-argument.
587
00:32:02,837 --> 00:32:04,839
Will you sign
an invoice?
588
00:32:04,839 --> 00:32:06,340
Uh, take it
up front.
589
00:32:11,346 --> 00:32:13,848
It's the New York Times.
James Rustenpalmer?
590
00:32:15,350 --> 00:32:17,352
Invoice?
591
00:32:17,352 --> 00:32:21,356
$16.23.
592
00:32:21,356 --> 00:32:22,857
C.O.D.
593
00:32:22,857 --> 00:32:25,359
Um...Greenberg,
594
00:32:25,360 --> 00:32:27,862
this man needs
$16.23.
595
00:32:27,862 --> 00:32:29,362
we're good for it.
596
00:32:29,363 --> 00:32:31,365
Thurgood,
professor Franklin.
597
00:32:33,367 --> 00:32:35,369
John Hope?
Ha ha ha ha!
598
00:32:35,369 --> 00:32:36,870
What are you doing?
599
00:32:36,870 --> 00:32:38,371
Going back to Howard, eh?
600
00:32:38,872 --> 00:32:40,874
Good. You know what else
you're going to be doing?
601
00:32:40,874 --> 00:32:42,876
You're going to be
working for me.
602
00:32:42,876 --> 00:32:46,379
I need the best historians
and constitutional scholars.
603
00:32:46,380 --> 00:32:48,382
The supreme court
wants to know
604
00:32:48,382 --> 00:32:50,384
what those white men
were thinking 100 years ago
605
00:32:50,884 --> 00:32:54,387
when they passed
the 14th amendment.
606
00:32:54,388 --> 00:32:56,890
Be on the train tonight.
607
00:32:56,890 --> 00:32:59,893
Thurgood, Bob Ming is
coming in from Chicago.
608
00:32:59,893 --> 00:33:01,895
He knows the 1865 debates
by heart.
609
00:33:01,895 --> 00:33:03,396
We don't have money
610
00:33:03,397 --> 00:33:04,398
for train fare
for these people.
611
00:33:04,398 --> 00:33:05,399
Tell him
we're good for it.
612
00:33:05,899 --> 00:33:08,401
Alice, telegrams
to all our supporters.
613
00:33:08,402 --> 00:33:10,153
Tell them the supreme court
has deferred judgement.
614
00:33:10,154 --> 00:33:11,655
We have to re-argue the case
615
00:33:11,655 --> 00:33:13,657
and we need
emergency funds.
616
00:33:13,657 --> 00:33:16,159
Tell them--
you know how to word it.
617
00:33:16,160 --> 00:33:17,161
We need money bad.
618
00:33:17,161 --> 00:33:19,663
Thurgood, when the 14th
amendment was ratified,
619
00:33:19,663 --> 00:33:21,164
there were 37 states.
620
00:33:21,165 --> 00:33:22,666
You better research
all of them.
621
00:33:22,666 --> 00:33:24,551
Did you reach
Henry Steele Commager?
622
00:33:24,551 --> 00:33:26,169
Peanut
talked to him.
623
00:33:26,170 --> 00:33:28,672
He's not available.
At Oxford for the summer.
624
00:33:29,173 --> 00:33:30,674
He sent this message--
625
00:33:30,674 --> 00:33:33,176
"I greatly fear
your premise is wrong.
626
00:33:33,177 --> 00:33:34,178
"the framers
of the amendment
627
00:33:34,178 --> 00:33:35,679
"did not, as far
as we know, intend
628
00:33:35,679 --> 00:33:37,680
"that it should be used
to end segregation
629
00:33:37,680 --> 00:33:39,181
"in public schools.
630
00:33:39,182 --> 00:33:40,183
"I strongly urge you
631
00:33:40,683 --> 00:33:42,184
"to consider dropping
that particular argument
632
00:33:42,185 --> 00:33:44,187
because it weakens
your case."
633
00:33:48,191 --> 00:33:50,193
Bob, get to Horace Bond.
634
00:33:50,193 --> 00:33:51,194
He's the best scholar
of political strategies
635
00:33:51,194 --> 00:33:52,695
of that time.
636
00:33:52,695 --> 00:33:54,697
Any of you guys know anybody
who would give us money,
637
00:33:54,697 --> 00:33:55,698
get to work on them.
638
00:33:55,698 --> 00:33:58,701
We've got bills--travel,
offices, telephones.
639
00:33:58,701 --> 00:34:01,704
If they shut off our phones,
we are out of business.
640
00:34:01,704 --> 00:34:02,705
And there are
a lot of people
641
00:34:02,705 --> 00:34:04,707
who would like
to see our door slammed.
642
00:34:04,707 --> 00:34:06,709
I'm like General Patton--
643
00:34:06,709 --> 00:34:08,210
the best tanks
money could buy,
644
00:34:08,211 --> 00:34:10,213
but no gas
to run them on.
645
00:34:12,598 --> 00:34:13,599
Can i help you?
646
00:34:13,599 --> 00:34:14,600
I'm black.
647
00:34:16,602 --> 00:34:18,103
You're black?
648
00:34:18,104 --> 00:34:20,106
Charles Black
from Austin, Texas.
649
00:34:20,106 --> 00:34:22,108
What can we do for you?
650
00:34:22,108 --> 00:34:23,609
I'm here to help.
651
00:34:23,609 --> 00:34:25,611
I'm a professor
and a lawyer,
652
00:34:25,611 --> 00:34:27,613
and I can
write a little.
653
00:34:27,613 --> 00:34:29,615
They said
you needed help.
654
00:34:29,615 --> 00:34:33,118
Yes. They called me
about you.
655
00:34:33,119 --> 00:34:35,621
Find the professor
some sit-down space.
656
00:34:38,124 --> 00:34:40,126
We could use all
the help we can get.
657
00:34:48,884 --> 00:34:49,885
You can report
658
00:34:49,885 --> 00:34:51,887
To the honorable governor,
Mr. Tulley,
659
00:34:51,887 --> 00:34:52,888
That I have assigned
660
00:34:52,888 --> 00:34:54,890
2 of the brightest
young men of our firm
661
00:34:54,890 --> 00:34:56,892
to lead the research--
662
00:34:56,892 --> 00:35:00,395
Mr. Straight from Harvard,
Mr. McPherson from Yale--
663
00:35:00,395 --> 00:35:03,398
but they do work together
harmoniously.
664
00:35:03,398 --> 00:35:06,901
Mr. Marshall seems to have
fallen on hard times--
665
00:35:06,902 --> 00:35:08,904
soliciting our partners.
666
00:35:14,276 --> 00:35:15,777
"Send tax-deductible gift
667
00:35:15,777 --> 00:35:18,663
"to NAACP legal defense
fund, New York.
668
00:35:18,663 --> 00:35:20,164
Thurgood Marshall."
669
00:35:21,666 --> 00:35:23,167
Well, maybe we should
670
00:35:23,168 --> 00:35:25,170
turn Mr. Straight
and Mr. McPherson here loose
671
00:35:25,170 --> 00:35:26,671
on their
tax-deductible status.
672
00:35:26,671 --> 00:35:28,172
that's not our style.
673
00:35:28,173 --> 00:35:29,674
Their time
will be better spent
674
00:35:29,674 --> 00:35:31,676
in the libraries.
675
00:35:31,676 --> 00:35:33,678
The attorney general
of South Carolina
676
00:35:33,678 --> 00:35:35,179
has asked his counterparts
677
00:35:35,180 --> 00:35:38,183
in 37 other states
that concern us
678
00:35:38,183 --> 00:35:40,185
to research
their state archives
679
00:35:40,185 --> 00:35:42,187
at no expense to us.
680
00:35:42,187 --> 00:35:44,189
The research will show
that the states were
681
00:35:44,689 --> 00:35:45,690
determined
to retain the right
682
00:35:45,690 --> 00:35:47,692
to shape their schools
683
00:35:48,193 --> 00:35:49,694
to fit their particular
region.
684
00:35:49,694 --> 00:35:51,195
Now, the Marshall people
will be looking
685
00:35:51,196 --> 00:35:53,198
for something specific,
686
00:35:53,198 --> 00:35:54,698
something that shows
that congress
687
00:35:54,698 --> 00:35:57,200
intended
for the 14th amendment
688
00:35:57,201 --> 00:36:00,204
to prohibit
separate schools...
689
00:36:04,708 --> 00:36:06,710
but they won't find it.
690
00:36:12,583 --> 00:36:14,084
Buster?
691
00:36:14,585 --> 00:36:16,086
Yes, honey?
692
00:36:19,590 --> 00:36:20,591
Where have you been?
693
00:36:20,591 --> 00:36:21,592
Errands.
694
00:36:37,107 --> 00:36:38,608
What were you doing?
695
00:36:38,609 --> 00:36:42,112
I had a whole bunch
of errands.
696
00:36:45,616 --> 00:36:46,617
Where's your watch?
697
00:36:48,619 --> 00:36:50,621
I sold it.
698
00:36:50,621 --> 00:36:53,123
You can't do that.
699
00:36:53,123 --> 00:36:55,125
I did it.
700
00:36:55,125 --> 00:36:56,626
We've got
contributors.
701
00:36:56,627 --> 00:36:58,629
I won't take
the money.
702
00:36:58,629 --> 00:37:00,631
Then I'll mail it in.
703
00:37:00,631 --> 00:37:02,131
Buster!
704
00:37:11,641 --> 00:37:15,144
When they wouldn't let
me into the law school
705
00:37:15,144 --> 00:37:16,645
at the University
of Maryland,
706
00:37:16,646 --> 00:37:21,651
my mother went downtown
to the crown pawnshop
707
00:37:21,651 --> 00:37:23,653
and sold
her engagement band
708
00:37:23,653 --> 00:37:24,654
and her wedding ring
709
00:37:25,154 --> 00:37:27,289
to pay for me to go
to law school at Howard.
710
00:37:27,290 --> 00:37:28,791
So?
711
00:37:28,908 --> 00:37:31,911
So, I don't want you
selling your jewelry.
712
00:37:31,911 --> 00:37:34,296
And what if your mother
hadn't sold those rings?
713
00:37:34,797 --> 00:37:36,298
Where would you
be now, hmm?
714
00:37:36,299 --> 00:37:37,416
I just don't like it.
715
00:37:37,417 --> 00:37:40,420
Thurgood,
you once said to me
716
00:37:40,920 --> 00:37:42,421
that the fight
for civil rights
717
00:37:42,422 --> 00:37:44,424
was worth a life.
718
00:37:44,424 --> 00:37:45,425
Remember?
719
00:37:47,427 --> 00:37:50,680
I can get along
without a watch,
720
00:37:50,680 --> 00:37:54,183
but I can't
get along without supper.
721
00:37:55,685 --> 00:37:56,686
And I want to know
722
00:37:57,186 --> 00:38:00,189
everything
that's going on.
723
00:38:00,189 --> 00:38:03,192
We've got the best
professors and historians
724
00:38:03,192 --> 00:38:05,694
from all
around the country.
725
00:38:05,695 --> 00:38:08,698
And thanks to Howard University
and Charlie Houston,
726
00:38:08,698 --> 00:38:10,699
our lawyers are
as good or better
727
00:38:10,699 --> 00:38:12,701
than the 'ivy league boys.'
728
00:38:14,202 --> 00:38:21,709
And I will have
a second chance...
729
00:38:21,710 --> 00:38:23,712
to argue this case.
730
00:38:27,215 --> 00:38:30,218
Like the old saying,
731
00:38:30,719 --> 00:38:35,724
"I'm a man of peace,
but I adore a riot."
732
00:38:36,725 --> 00:38:39,110
Ming and I think
the real key
733
00:38:39,111 --> 00:38:42,114
lies in the ex-confederate
states in the south.
734
00:38:42,114 --> 00:38:44,116
It was a condition of their
rejoining the union
735
00:38:44,616 --> 00:38:47,619
after the civil war that they
adopt the 14th amendment.
736
00:38:47,619 --> 00:38:49,621
Congress insisted on it.
737
00:38:49,621 --> 00:38:53,124
Not one of these states
put a single word
738
00:38:53,625 --> 00:38:54,626
about school segregation
739
00:38:54,626 --> 00:38:56,628
in their new
state constitution.
740
00:38:56,628 --> 00:38:59,631
Now, we believe that this
proved that they understood
741
00:38:59,631 --> 00:39:02,133
the Jim-Crow schools
were outlawed
742
00:39:02,134 --> 00:39:03,135
by the 14th amendment.
743
00:39:03,135 --> 00:39:04,136
They had to toe the mark
744
00:39:04,136 --> 00:39:05,637
in order to get back
into the union.
745
00:39:05,637 --> 00:39:06,638
Exactly.
746
00:39:06,638 --> 00:39:08,139
But some of those
states turned around
747
00:39:08,140 --> 00:39:09,641
and put in
segregated schools
748
00:39:09,641 --> 00:39:11,142
a year after
749
00:39:11,143 --> 00:39:12,644
the 14th amendment
was ratified.
750
00:39:12,644 --> 00:39:16,147
And they've been operating
segregated schools ever since.
751
00:39:16,648 --> 00:39:17,649
Professor Kelly,
I'm not sure
752
00:39:18,150 --> 00:39:19,650
your argument
holds water.
753
00:39:19,650 --> 00:39:22,152
It sure doesn't.
754
00:39:26,157 --> 00:39:28,159
Back to the books, boys.
755
00:39:28,159 --> 00:39:30,161
I'm sure if we give them
a little more time,
756
00:39:30,161 --> 00:39:31,662
Mr. Kelly and Mr. Ming
757
00:39:31,662 --> 00:39:33,664
will come up
with something more solid.
758
00:39:41,172 --> 00:39:43,674
Professor Black,
is it necessary
759
00:39:44,175 --> 00:39:45,676
for you to be negative
so much of the time?
760
00:39:45,676 --> 00:39:48,178
I'm not negative.
I state facts.
761
00:39:51,182 --> 00:39:53,184
I've been intending
to ask you--
762
00:39:53,184 --> 00:39:54,185
out of all the legal
763
00:39:54,185 --> 00:39:56,687
and academic opportunities
before you,
764
00:39:56,687 --> 00:39:59,690
just why did you end up here
at the legal defense fund?
765
00:40:03,194 --> 00:40:05,696
Well, I'll tell you.
766
00:40:05,696 --> 00:40:08,699
I come from
deep, deep in Texas,
767
00:40:08,699 --> 00:40:10,200
so deep
I can't even remember
768
00:40:10,201 --> 00:40:11,702
hearing
the word "Republican"
769
00:40:11,702 --> 00:40:14,204
before I was
18 years old.
770
00:40:14,705 --> 00:40:15,706
But I had heard
771
00:40:15,706 --> 00:40:17,708
of this really terrible
organization
772
00:40:17,708 --> 00:40:21,211
way up north
called the NAACP.
773
00:40:21,212 --> 00:40:24,215
It was an awful place
with a great, big office
774
00:40:24,215 --> 00:40:26,717
all the way up there
in New York, they said,
775
00:40:26,717 --> 00:40:28,718
and the worst thing
of all about it
776
00:40:28,718 --> 00:40:29,719
was that right there
in that office,
777
00:40:30,220 --> 00:40:31,721
there was this room,
778
00:40:31,721 --> 00:40:33,222
a special, secret room
779
00:40:33,223 --> 00:40:35,725
with, uh, no windows
and no doors
780
00:40:36,226 --> 00:40:38,728
and walls
about a foot thick,
781
00:40:38,728 --> 00:40:39,729
and the only way
that you could get in
782
00:40:40,230 --> 00:40:43,233
was with a combination
of this huge lock.
783
00:40:43,233 --> 00:40:44,734
And inside that room,
they said,
784
00:40:44,734 --> 00:40:47,737
there was nothing but
hooks on the walls,
785
00:40:47,737 --> 00:40:50,740
hundreds and hundreds
of hooks.
786
00:40:50,740 --> 00:40:52,241
And do you know
what was hanging
787
00:40:52,242 --> 00:40:54,744
on each and every one
of those hooks?
788
00:40:54,744 --> 00:40:56,746
What?
789
00:40:56,746 --> 00:40:59,248
Well, they said
790
00:40:59,249 --> 00:41:01,751
that on each
of those hooks...
791
00:41:01,751 --> 00:41:03,753
was a key
to the bedroom
792
00:41:03,753 --> 00:41:05,755
of a southern
white woman.
793
00:41:07,257 --> 00:41:10,260
So I figured...
794
00:41:10,260 --> 00:41:11,261
that is an organization
795
00:41:11,761 --> 00:41:13,763
I want to get involved in.
796
00:41:30,780 --> 00:41:32,782
The family spokesman
said the cause of death
797
00:41:32,782 --> 00:41:33,783
was a massive heart attack
798
00:41:34,284 --> 00:41:36,785
suffered at approximately
3:15 this morning
799
00:41:36,785 --> 00:41:38,787
at his apartment
in Washington.
800
00:41:39,288 --> 00:41:42,791
The chief justice
was 63 years old.
801
00:41:42,791 --> 00:41:43,792
Turning to baseball,
802
00:41:43,792 --> 00:41:45,794
the Dodgers topped
the Phillies 3-2
803
00:41:45,794 --> 00:41:46,795
in 10 innings.
804
00:41:46,795 --> 00:41:49,297
The Giants shut out...
805
00:42:03,312 --> 00:42:04,313
Afternoon, sir.
806
00:42:04,313 --> 00:42:06,815
Mark.
807
00:42:06,815 --> 00:42:08,316
Was it
a nice service?
808
00:42:08,317 --> 00:42:09,818
Yes.
809
00:42:09,818 --> 00:42:11,319
Was the president
there?
810
00:42:11,320 --> 00:42:12,821
Oh, yes.
811
00:42:14,823 --> 00:42:17,325
Mark, this is
the first solid
812
00:42:17,826 --> 00:42:19,327
piece of evidence
I've ever had
813
00:42:19,328 --> 00:42:22,831
that there
is a God in heaven.
814
00:42:22,831 --> 00:42:24,199
I can't help but think
815
00:42:24,199 --> 00:42:26,201
that Vinson's successor
will be better for us.
816
00:42:26,201 --> 00:42:27,702
The devil you know
is better
817
00:42:27,703 --> 00:42:29,204
than the devil
you don't know.
818
00:42:29,204 --> 00:42:31,206
I watched General Eisenhower
testify in congress
819
00:42:31,707 --> 00:42:32,708
against
desegregating the army
820
00:42:32,708 --> 00:42:34,209
below the platoon level.
821
00:42:34,710 --> 00:42:35,711
I don't think
President Eisenhower
822
00:42:35,711 --> 00:42:36,712
is gonna be looking for
823
00:42:36,712 --> 00:42:38,213
a civil rights
chief justice.
824
00:42:38,213 --> 00:42:40,215
I still say the odds are
we get someone
825
00:42:40,215 --> 00:42:42,217
less wedded to the past
than Vinson.
826
00:42:42,217 --> 00:42:44,718
Times says Eisenhower may
promote Justice Jackson
827
00:42:44,719 --> 00:42:46,220
to the center seat
828
00:42:46,220 --> 00:42:47,721
and name an associate
in his place.
829
00:42:48,105 --> 00:42:49,106
The republicans
in the senate
830
00:42:49,106 --> 00:42:50,107
will fry Ike
if he tries
831
00:42:50,608 --> 00:42:52,109
to put a democrat
in the top spot.
832
00:42:53,110 --> 00:42:54,611
Anyway, whoever
it's going to be,
833
00:42:54,612 --> 00:42:55,613
we got a ton
of work to do.
834
00:42:55,613 --> 00:42:58,115
It's nearly midnight,
so let's get to it.
835
00:42:58,115 --> 00:43:00,617
My spies tell me
Foster Dulles can have it...
836
00:43:00,618 --> 00:43:02,119
if he wants it.
837
00:43:02,620 --> 00:43:06,123
Second choice--New York's
own, governor Tom Dewey.
838
00:43:06,624 --> 00:43:09,627
Were I you, John,
I should fire my spies.
839
00:43:10,127 --> 00:43:11,628
I have it
on good authority--
840
00:43:12,129 --> 00:43:16,133
and by good authority I mean
15 feet from the oval office--
841
00:43:16,133 --> 00:43:19,136
that Ike made a deal
at the republican convention.
842
00:43:19,136 --> 00:43:21,638
In return for
delivering California,
843
00:43:21,639 --> 00:43:24,141
the first vacancy
on the supreme court
844
00:43:24,141 --> 00:43:26,643
goes to
California's governor.
845
00:43:37,655 --> 00:43:39,657
I'm afraid
you were right.
846
00:43:39,657 --> 00:43:41,158
For once,
Greenberg?
847
00:43:41,158 --> 00:43:43,160
The new chief justice
is the same man
848
00:43:43,160 --> 00:43:45,662
who uprooted 80,000
'Japanese-Americans'
849
00:43:45,663 --> 00:43:47,665
during the war,
confiscated their property,
850
00:43:47,665 --> 00:43:51,168
And sent them
to internment camps.
851
00:43:51,168 --> 00:43:53,669
What was it
a great man once said?
852
00:43:53,670 --> 00:43:55,672
"The devil
you know..."
853
00:43:55,672 --> 00:43:57,173
Right.
854
00:43:57,173 --> 00:43:59,175
Boys,
we've got to do
855
00:43:59,175 --> 00:44:00,676
what we've
got to do.
856
00:44:00,677 --> 00:44:01,678
We've got to find
857
00:44:01,678 --> 00:44:02,679
something
in the history
858
00:44:02,679 --> 00:44:04,681
that says
we are right.
859
00:44:04,681 --> 00:44:06,182
Get Kelly, Ming,
and the others
860
00:44:06,182 --> 00:44:07,183
on 18-hour shifts.
861
00:44:07,183 --> 00:44:08,184
We are not
going to be
862
00:44:08,184 --> 00:44:09,185
sitting around
worrying
863
00:44:09,185 --> 00:44:10,686
about who's sitting
on the bench.
864
00:44:11,187 --> 00:44:11,687
Get back to it.
865
00:44:16,309 --> 00:44:17,310
So far,
866
00:44:17,811 --> 00:44:19,312
nothing appears
to pose a problem
867
00:44:19,312 --> 00:44:21,697
for our position.
868
00:44:21,698 --> 00:44:24,701
Mr. Davis,
if I may ask,
869
00:44:24,701 --> 00:44:26,202
how does governor Warren
going on the court
870
00:44:26,202 --> 00:44:27,820
affect things?
871
00:44:27,821 --> 00:44:30,824
The post describes him
as the colorless manager
872
00:44:30,824 --> 00:44:32,325
of a team of all-stars.
873
00:44:34,327 --> 00:44:36,962
I would think
very little, Mr. Straight.
874
00:44:37,330 --> 00:44:38,831
Separate but equal
has been upheld
875
00:44:39,332 --> 00:44:41,334
by the court
7 times,
876
00:44:41,718 --> 00:44:43,903
and the fact there is
a division within the court
877
00:44:43,903 --> 00:44:46,405
should work
to our advantage.
878
00:44:46,406 --> 00:44:48,157
There will be
a great reluctance
879
00:44:48,158 --> 00:44:51,161
to overturn
such an historic precedent
880
00:44:51,161 --> 00:44:52,662
on a close vote.
881
00:44:52,662 --> 00:44:55,548
Those men do not wish
to create chaos.
882
00:44:57,050 --> 00:44:59,552
Comes down to the fact
that the man is a politician,
883
00:44:59,552 --> 00:45:01,052
not a jurist.
884
00:45:01,053 --> 00:45:03,055
He's never before
sat on the bench--
885
00:45:03,055 --> 00:45:06,558
not even 5 minutes
on a police court.
886
00:45:06,558 --> 00:45:08,560
No judicial philosophy.
887
00:45:24,827 --> 00:45:26,829
I'll get you settled in,
Mr. Chief Justice.
888
00:45:26,829 --> 00:45:28,831
I'm going to need
all the help I can get,
889
00:45:29,331 --> 00:45:30,832
I assure you.
890
00:45:30,833 --> 00:45:31,834
And your name?
891
00:45:32,334 --> 00:45:32,834
Patterson, sir.
892
00:45:33,335 --> 00:45:34,836
How do you do,
Mr. Patterson?
893
00:45:34,837 --> 00:45:37,339
Sir.
894
00:45:37,339 --> 00:45:38,340
in California,
895
00:45:38,340 --> 00:45:42,844
I had 8,000 people
working for me.
896
00:45:42,845 --> 00:45:43,846
This will be different.
897
00:46:14,742 --> 00:46:17,244
We have studied
the history.
898
00:46:17,245 --> 00:46:18,746
The declaration
of independence
899
00:46:18,746 --> 00:46:20,247
had glowing language
proclaiming
900
00:46:20,248 --> 00:46:22,750
that all men
are created equal,
901
00:46:22,750 --> 00:46:24,251
with the
inalienable right
902
00:46:24,252 --> 00:46:25,753
to life, liberty,
903
00:46:25,753 --> 00:46:27,755
and the pursuit
of happiness,
904
00:46:27,755 --> 00:46:30,758
but the authors
of the constitution
905
00:46:30,758 --> 00:46:32,259
included
no such statement,
906
00:46:32,260 --> 00:46:33,761
a concession
to the fact
907
00:46:33,761 --> 00:46:35,763
that our
young republic
908
00:46:35,763 --> 00:46:38,265
tolerated
human slavery.
909
00:46:38,766 --> 00:46:40,267
At the end
of the civil war,
910
00:46:40,268 --> 00:46:42,270
congress passed
the 13th amendment,
911
00:46:42,270 --> 00:46:43,771
abolishing slavery,
912
00:46:43,771 --> 00:46:47,274
but it gave slaves
no specific rights.
913
00:46:47,275 --> 00:46:49,777
The civil rights act
of 1866 followed,
914
00:46:49,777 --> 00:46:52,162
and it was
the cornerstone
915
00:46:52,163 --> 00:46:54,165
to the 14th
amendment.
916
00:46:57,168 --> 00:47:01,172
We have probed
the records,
917
00:47:01,172 --> 00:47:04,675
and frankly...
918
00:47:04,675 --> 00:47:06,677
we do not like
what we find.
919
00:47:08,679 --> 00:47:10,180
The civil rights act
was written
920
00:47:10,181 --> 00:47:12,683
with a no-discrimination
clause,
921
00:47:12,683 --> 00:47:15,686
but congress removed it
before it was passed.
922
00:47:15,686 --> 00:47:18,688
And nowhere in the debates
on the 14th amendment
923
00:47:18,688 --> 00:47:21,691
do we find any statement
that suggests
924
00:47:21,691 --> 00:47:24,193
that school segregation
was an issue.
925
00:47:24,194 --> 00:47:26,696
We had hoped
that abolitionist leaders
926
00:47:26,696 --> 00:47:29,198
like John Bingham
and Thaddeus Stevens
927
00:47:29,199 --> 00:47:31,201
would have recorded
their position
928
00:47:31,701 --> 00:47:33,202
on segregation in schools.
Nothing.
929
00:47:33,203 --> 00:47:35,205
That bears out
our studies.
930
00:47:35,205 --> 00:47:36,206
See,
public education
931
00:47:36,206 --> 00:47:38,208
was in its
early stages.
932
00:47:38,208 --> 00:47:39,709
To newly freed
slaves,
933
00:47:39,709 --> 00:47:40,710
education
of any sort
934
00:47:40,710 --> 00:47:41,711
would have seemed
935
00:47:41,711 --> 00:47:43,212
a major
step forward.
936
00:47:43,213 --> 00:47:45,215
We also have to
face the fact
937
00:47:45,215 --> 00:47:48,718
that congress set up
segregated schools
938
00:47:48,718 --> 00:47:51,721
in the district
of Columbia
939
00:47:51,721 --> 00:47:52,722
and has supported
that practice
940
00:47:52,722 --> 00:47:54,724
up to this very day.
941
00:47:55,225 --> 00:47:56,726
All in all,
it gives us very little
942
00:47:56,726 --> 00:47:59,228
in the way
of favorable evidence
943
00:47:59,229 --> 00:48:00,730
to answer
the justices' question
944
00:48:01,231 --> 00:48:03,233
about the intent
of the 14th amendment.
945
00:48:03,733 --> 00:48:05,234
Al, isn't there
some way
946
00:48:05,235 --> 00:48:06,236
we could
shape this history
947
00:48:06,236 --> 00:48:08,738
to make our case?
948
00:48:08,738 --> 00:48:11,741
I'm all for
the cause, Bob,
949
00:48:11,741 --> 00:48:15,244
but I am
an historian first.
950
00:48:15,245 --> 00:48:17,747
But there's got to be
some way to nail it down.
951
00:48:17,747 --> 00:48:19,248
It's difficult
to be precise
952
00:48:19,249 --> 00:48:22,752
about what people thought
a century ago.
953
00:48:22,752 --> 00:48:24,753
So I think our strategy
should be
954
00:48:25,254 --> 00:48:27,256
to bypass
the court's question
955
00:48:27,256 --> 00:48:30,259
and argue this on broad
humanitarian grounds.
956
00:48:30,259 --> 00:48:33,262
The fuel for
the 14th amendment
957
00:48:33,262 --> 00:48:36,765
was a spirit of idealism
and a sense of justice.
958
00:48:36,765 --> 00:48:38,266
The amendment meant
what it said--
959
00:48:38,767 --> 00:48:41,269
equal protection.
960
00:48:41,270 --> 00:48:42,271
We believe
we can win this
961
00:48:42,271 --> 00:48:45,274
by arguing the broad
humanitarian approach.
962
00:48:45,274 --> 00:48:49,278
It is the moral position,
and we are a moral nation.
963
00:48:53,282 --> 00:48:57,786
Ok, let's write it up
that way.
964
00:49:12,801 --> 00:49:13,802
What gives?
965
00:49:17,306 --> 00:49:18,807
It'll never work.
966
00:49:19,808 --> 00:49:22,310
The broad
humanitarian approach.
967
00:49:22,811 --> 00:49:26,314
Frankfurter will
smell it in a second.
968
00:49:26,315 --> 00:49:27,816
He'll see it
as evasive.
969
00:49:27,816 --> 00:49:30,318
It's too general,
isn't it?
970
00:49:30,319 --> 00:49:32,820
It's a long shot.
971
00:49:34,822 --> 00:49:36,323
Where's Kelly?
972
00:49:36,324 --> 00:49:38,326
He's going back to Detroit,
morning train.
973
00:49:38,326 --> 00:49:39,827
Call him at the hotel.
Try and catch him.
974
00:49:56,344 --> 00:49:57,845
Just pay the ones
that have to be paid.
975
00:49:58,346 --> 00:49:59,347
That's what these are.
976
00:50:01,349 --> 00:50:02,350
Can't we just
977
00:50:02,350 --> 00:50:03,851
hold on to them
a week or so?
978
00:50:03,851 --> 00:50:06,353
They'll turn
the lights off again.
979
00:50:06,354 --> 00:50:07,855
We should talk
to Thurgood. this is--
980
00:50:07,855 --> 00:50:09,356
Thurgood is waiting
for these.
981
00:50:16,364 --> 00:50:17,865
Marion?
982
00:50:17,865 --> 00:50:19,366
Marion, where
are you going?
983
00:50:19,367 --> 00:50:22,370
It's 6:00, saturday.
I have a date,
984
00:50:22,370 --> 00:50:24,372
and no paycheck
for 3 weeks.
985
00:50:24,372 --> 00:50:25,373
Good night.
986
00:50:30,378 --> 00:50:31,379
Don't you know
987
00:50:31,379 --> 00:50:33,881
what you're
doing in there?
988
00:50:33,881 --> 00:50:34,882
Don't you?
989
00:50:34,882 --> 00:50:38,385
I'm typing the same
stuff over and over.
990
00:50:38,386 --> 00:50:39,887
If that stuff
991
00:50:39,887 --> 00:50:42,388
doesn't get
typed...
992
00:50:44,391 --> 00:50:45,892
what you're
doing in there
993
00:50:45,892 --> 00:50:48,394
is helping
to make history.
994
00:50:50,397 --> 00:50:51,398
Good night.
995
00:51:02,409 --> 00:51:03,910
Thurgood, excuse me.
996
00:51:03,910 --> 00:51:06,412
I think the time has come
for us to deal with this.
997
00:51:06,413 --> 00:51:07,914
Alice, would you
run downstairs
998
00:51:07,914 --> 00:51:10,917
and grab us
some sandwiches, please?
999
00:51:10,917 --> 00:51:14,420
The beginning of this needs
to be tighter and clearer.
1000
00:51:17,924 --> 00:51:18,925
What are you doing,
Alice?
1001
00:51:19,426 --> 00:51:20,427
Making history.
1002
00:51:29,436 --> 00:51:30,937
This is it!
1003
00:51:37,944 --> 00:51:38,444
Ha!
1004
00:51:47,204 --> 00:51:49,205
We got it.
1005
00:51:50,706 --> 00:51:51,707
Thaddeus Stevens.
1006
00:51:51,707 --> 00:51:52,708
Read it.
1007
00:51:52,708 --> 00:51:55,210
Thaddeus Stevens
in the debate
1008
00:51:55,211 --> 00:51:56,712
on the floor of congress
1009
00:51:56,712 --> 00:51:58,213
when the amendment
was first presented.
1010
00:51:58,214 --> 00:52:00,716
"Where any state
makes distinctions
1011
00:52:00,716 --> 00:52:03,218
"between different
classes of individuals,
1012
00:52:03,719 --> 00:52:05,721
"congress
shall have the power
1013
00:52:05,721 --> 00:52:07,222
"to correct
such discriminations
1014
00:52:07,223 --> 00:52:08,724
"and inequality.
1015
00:52:08,724 --> 00:52:10,726
"No distinction
would be tolerated
1016
00:52:10,726 --> 00:52:13,228
"in this
purified republic
1017
00:52:13,229 --> 00:52:17,233
but what rose from
merit and conduct."
1018
00:52:24,240 --> 00:52:25,241
Place this
1019
00:52:25,241 --> 00:52:27,743
in the front section
of the brief.
1020
00:52:30,246 --> 00:52:32,248
And send someone out
for ice and bourbon.
1021
00:52:32,248 --> 00:52:35,751
Mr. Kelly
needs a drink!
1022
00:52:56,272 --> 00:52:57,772
"These infant appellants
1023
00:52:57,772 --> 00:53:00,274
"are asserting
the most important claims
1024
00:53:00,275 --> 00:53:03,778
"that can be put forward
by children,
1025
00:53:03,778 --> 00:53:05,780
"the claim to their
full measure
1026
00:53:05,780 --> 00:53:08,282
"of the chance
to learn and grow
1027
00:53:08,283 --> 00:53:10,285
"and the inseparably
connected
1028
00:53:10,285 --> 00:53:12,787
"but even more
important claim
1029
00:53:12,787 --> 00:53:15,289
"to be treated
as entire citizens
1030
00:53:15,290 --> 00:53:20,295
of the society into which
they have been born."
1031
00:53:24,299 --> 00:53:26,301
You understand.
1032
00:53:27,802 --> 00:53:30,805
Professor,
you are a negro.
1033
00:54:16,466 --> 00:54:21,471
Honey, this is
too tough a trip for you.
1034
00:54:21,471 --> 00:54:23,973
I'll be back
in a couple of days.
1035
00:54:23,974 --> 00:54:25,976
You'd be
better off here.
1036
00:54:25,976 --> 00:54:29,479
I will be
in that courtroom
1037
00:54:29,479 --> 00:54:31,481
on tuesday morning.
1038
00:54:33,984 --> 00:54:34,985
New hat?
1039
00:54:35,986 --> 00:54:37,487
It's pretty.
1040
00:54:37,487 --> 00:54:39,489
It is the hat
I wore last year
1041
00:54:39,489 --> 00:54:42,492
at the first
supreme court argument.
1042
00:54:44,494 --> 00:54:46,496
I hope it's...
1043
00:54:46,496 --> 00:54:47,997
a luckier hat
this year.
1044
00:54:50,384 --> 00:54:53,387
In Clarendon
school district number one
1045
00:54:53,387 --> 00:54:54,888
in South Carolina,
1046
00:54:54,888 --> 00:54:58,892
there are 2,799
registered negro children
1047
00:54:59,142 --> 00:55:00,643
of school age.
1048
00:55:00,644 --> 00:55:03,647
There are
295 white children.
1049
00:55:03,647 --> 00:55:09,653
The state has now provided
those 2,800 negro children
1050
00:55:09,653 --> 00:55:11,655
with schools that are,
1051
00:55:11,655 --> 00:55:15,658
as Mr. Marshall has
so positively admitted,
1052
00:55:15,658 --> 00:55:18,160
equal in every respect.
1053
00:55:18,160 --> 00:55:21,163
In fact, because
of their being newer,
1054
00:55:21,163 --> 00:55:22,664
they may even be better
1055
00:55:23,165 --> 00:55:25,667
than the schools
of the 295 white children.
1056
00:55:25,668 --> 00:55:29,171
Now, who's going
to disturb that situation?
1057
00:55:29,672 --> 00:55:31,173
If these children
were to be reassorted
1058
00:55:31,674 --> 00:55:33,175
on a mathematical basis,
1059
00:55:33,175 --> 00:55:36,178
you would have
27 negro children
1060
00:55:36,679 --> 00:55:37,680
and 3 white children
1061
00:55:37,680 --> 00:55:39,682
in each schoolroom.
1062
00:55:41,183 --> 00:55:44,186
Would that make
the children any happier?
1063
00:55:44,186 --> 00:55:46,188
Would they
learn more quickly?
1064
00:55:46,188 --> 00:55:48,690
Your honors cannot sit
1065
00:55:48,691 --> 00:55:50,693
as a glorified
board of education
1066
00:55:51,193 --> 00:55:52,310
for the state
of South Carolina
1067
00:55:52,311 --> 00:55:53,812
or any other state.
1068
00:55:53,813 --> 00:55:55,815
Nor, I respectfully submit,
1069
00:55:55,815 --> 00:55:56,816
can this court sit
1070
00:55:56,816 --> 00:55:58,317
in the chairs
of the legislature
1071
00:55:58,317 --> 00:55:59,818
of South Carolina
1072
00:56:00,319 --> 00:56:04,323
and mold
its educational system.
1073
00:56:04,323 --> 00:56:06,325
The state establishes
the schools,
1074
00:56:06,325 --> 00:56:07,826
it pays the funds,
1075
00:56:08,327 --> 00:56:12,831
and it has the sole power
to educate its citizens.
1076
00:56:12,832 --> 00:56:14,834
The state
of South Carolina
1077
00:56:15,334 --> 00:56:18,337
does not come here
in sackcloth and ashes.
1078
00:56:18,337 --> 00:56:19,338
Its laws do not offend
1079
00:56:19,839 --> 00:56:21,841
the constitution
of the United States.
1080
00:56:21,841 --> 00:56:24,342
It is convinced
that the happiness
1081
00:56:24,342 --> 00:56:26,844
and the progress
and the welfare
1082
00:56:26,845 --> 00:56:27,846
of these children
1083
00:56:28,346 --> 00:56:30,848
is best promoted
in segregated schools,
1084
00:56:30,849 --> 00:56:33,852
and it would be
a thousand pities
1085
00:56:33,852 --> 00:56:36,354
that, by this controversy,
1086
00:56:36,354 --> 00:56:37,855
it might be ordered
to abandon
1087
00:56:37,856 --> 00:56:39,858
what it has created.
1088
00:56:39,858 --> 00:56:42,360
I am reminded
of Aesop's Fable
1089
00:56:42,360 --> 00:56:44,362
of the dog and the meat.
1090
00:56:44,612 --> 00:56:47,114
The dog, with a fine piece
of meat in his mouth,
1091
00:56:47,115 --> 00:56:48,616
crossed a bridge.
1092
00:56:48,616 --> 00:56:50,117
He saw the shadow
in the stream,
1093
00:56:50,118 --> 00:56:52,120
and he plunged for it.
1094
00:56:52,120 --> 00:56:57,125
And he lost both the shadow
and the substance.
1095
00:56:57,125 --> 00:56:59,127
Now, here is
equal education,
1096
00:56:59,127 --> 00:57:01,629
not prophesied,
but present.
1097
00:57:01,629 --> 00:57:03,130
Shall it be thrown away
1098
00:57:03,131 --> 00:57:09,137
on some--some fancied
question of racial prestige?
1099
00:57:09,137 --> 00:57:10,138
It is not my part
1100
00:57:10,638 --> 00:57:12,640
to offer advice
to the appellants
1101
00:57:12,640 --> 00:57:16,143
and certainly not
to the learned counselor.
1102
00:57:16,144 --> 00:57:19,647
No doubt they think
what they propose is best.
1103
00:57:19,647 --> 00:57:21,148
But I entreat them
to remember
1104
00:57:21,149 --> 00:57:22,650
the age-old motto
1105
00:57:22,650 --> 00:57:27,655
that the best is often
the enemy of the good.
1106
00:57:36,663 --> 00:57:37,163
Mr. Marshall,
1107
00:57:37,664 --> 00:57:40,166
you have 5 minutes
for rebuttal.
1108
00:57:54,681 --> 00:57:56,683
May it please the court...
1109
00:57:58,685 --> 00:58:03,690
The 14th amendment was put
into our constitution
1110
00:58:04,191 --> 00:58:08,195
after one of the worst wars
ever fought.
1111
00:58:12,199 --> 00:58:16,203
The duty of enforcing
the 14th amendment
1112
00:58:16,203 --> 00:58:18,205
is placed upon this court
1113
00:58:18,205 --> 00:58:21,208
to make sure
that the states,
1114
00:58:21,708 --> 00:58:24,711
in administering
their functions,
1115
00:58:24,711 --> 00:58:29,215
disregard
little pet feelings
1116
00:58:29,216 --> 00:58:31,218
about race.
1117
00:58:32,719 --> 00:58:37,974
The negroes who are forced
to submit to segregation
1118
00:58:37,975 --> 00:58:41,477
are all
american citizens
1119
00:58:41,477 --> 00:58:44,980
who, by accident of birth,
1120
00:58:44,981 --> 00:58:47,483
are a different color.
1121
00:58:47,483 --> 00:58:51,870
And the color
makes no difference
1122
00:58:51,871 --> 00:58:53,372
one way or another
1123
00:58:53,372 --> 00:58:58,877
insofar as this court
is concerned.
1124
00:59:01,881 --> 00:59:08,387
Harry Briggs, Jr.
is guaranteed by the state
1125
00:59:08,387 --> 00:59:11,890
some 12 years of education.
1126
00:59:11,891 --> 00:59:18,898
There is no way you can
repay lost school years,
1127
00:59:18,898 --> 00:59:19,899
but...
1128
00:59:21,901 --> 00:59:25,905
they say
leave it to the states
1129
00:59:25,905 --> 00:59:28,407
until they work it out.
1130
00:59:28,407 --> 00:59:32,277
I got the feeling on hearing
the discussion earlier
1131
00:59:32,778 --> 00:59:35,280
that when you put
a white child in a school
1132
00:59:35,281 --> 00:59:38,284
with a whole lot
of colored children,
1133
00:59:38,284 --> 00:59:41,287
the child
would fall apart.
1134
00:59:42,288 --> 00:59:44,790
Everyone knows
1135
00:59:44,790 --> 00:59:48,292
that is not true.
1136
00:59:52,297 --> 00:59:54,799
Those same kids
1137
00:59:54,799 --> 00:59:58,302
in Virginia
and South Carolina--
1138
00:59:58,303 --> 01:00:04,809
and I...
have seen them do it--
1139
01:00:04,809 --> 01:00:10,314
they play in the streets
together.
1140
01:00:12,817 --> 01:00:16,320
They separate
to go to school.
1141
01:00:18,823 --> 01:00:23,828
They come out of school
and play ball together.
1142
01:00:26,831 --> 01:00:32,336
But they have to be
separated in school.
1143
01:00:34,339 --> 01:00:38,343
There must be
some magic to it.
1144
01:00:39,844 --> 01:00:41,846
You can have them going
1145
01:00:41,846 --> 01:00:46,350
to the same state university
and to the same college,
1146
01:00:46,351 --> 01:00:51,856
but if they go to elementary
and high school together,
1147
01:00:51,856 --> 01:00:54,858
the world
will fall apart.
1148
01:00:56,360 --> 01:00:59,363
The only way
that this court
1149
01:00:59,363 --> 01:01:00,864
can decide this case
1150
01:01:00,864 --> 01:01:03,366
in opposition
to our position
1151
01:01:03,367 --> 01:01:06,370
is to find some reason
1152
01:01:06,370 --> 01:01:08,872
which gives the state
the right...
1153
01:01:10,874 --> 01:01:13,877
to make a classification
in regards to negroes
1154
01:01:13,877 --> 01:01:17,380
that they can make
in regard to nothing else,
1155
01:01:17,381 --> 01:01:19,383
and we submit...
1156
01:01:22,886 --> 01:01:26,389
the only way to arrive
at this decision
1157
01:01:26,390 --> 01:01:29,393
is to find that,
for some reason,
1158
01:01:29,393 --> 01:01:35,899
negroes are inferior
to all other human beings.
1159
01:01:38,402 --> 01:01:40,404
Nobody...
1160
01:01:41,905 --> 01:01:46,409
will stand in this court
and say that
1161
01:01:46,410 --> 01:01:51,915
because they would
have to justify it.
1162
01:01:53,917 --> 01:01:57,420
It can only be
one thing...
1163
01:02:00,924 --> 01:02:02,926
an inherent determination
1164
01:02:02,926 --> 01:02:06,929
that the people
who were formerly in slavery
1165
01:02:06,929 --> 01:02:13,435
shall be kept
as near that condition
1166
01:02:13,436 --> 01:02:15,938
as is possible.
1167
01:02:18,441 --> 01:02:19,442
Now...
1168
01:02:19,942 --> 01:02:21,443
is the time.
1169
01:02:21,444 --> 01:02:24,947
we submit that this court
1170
01:02:24,947 --> 01:02:27,449
should make it clear...
1171
01:02:29,452 --> 01:02:32,955
that 'that' is not
1172
01:02:32,955 --> 01:02:36,458
what the Constitution
of the United States
1173
01:02:36,459 --> 01:02:38,961
stands for.
1174
01:02:45,468 --> 01:02:47,970
Thank you, sir.
1175
01:02:49,972 --> 01:02:50,973
Thank you, Mr. Marshall.
1176
01:03:10,877 --> 01:03:12,878
Thurgood.
1177
01:03:12,878 --> 01:03:14,379
Crab soup.
1178
01:03:14,379 --> 01:03:16,881
Oh, I know
it's crab soup.
1179
01:03:25,891 --> 01:03:26,892
Hot.
1180
01:03:30,395 --> 01:03:31,396
Mmm.
1181
01:03:32,898 --> 01:03:35,400
That's good.
1182
01:03:39,404 --> 01:03:41,406
Very good,
Thurgood.
1183
01:03:53,418 --> 01:03:55,036
We concede
Douglas and Black
1184
01:03:55,537 --> 01:03:57,038
to the other side.
1185
01:03:57,038 --> 01:04:00,041
Reed and Clark
should vote with us.
1186
01:04:00,041 --> 01:04:01,042
Jackson and Frankfurter
1187
01:04:01,042 --> 01:04:03,544
are leaning towards
our point of view--
1188
01:04:04,045 --> 01:04:05,046
judicial restraint.
1189
01:04:05,046 --> 01:04:08,049
That's 4, and we should
pick up another vote
1190
01:04:08,550 --> 01:04:10,051
from Minton
or from Burton
1191
01:04:10,051 --> 01:04:12,553
or from
chief justice Warren.
1192
01:04:12,554 --> 01:04:16,057
How are you getting on
with the new chief?
1193
01:04:16,057 --> 01:04:18,559
I've discovered
that he listens,
1194
01:04:18,560 --> 01:04:20,060
though he is untutored
in the law.
1195
01:04:20,060 --> 01:04:21,561
Well, it could be argued
1196
01:04:21,562 --> 01:04:23,063
that's an ideal
combination
1197
01:04:23,063 --> 01:04:24,564
for a chief justice--
1198
01:04:24,565 --> 01:04:26,567
open-minded
and flexible.
1199
01:04:26,567 --> 01:04:29,570
Well, I hope y'all
get down to it.
1200
01:04:29,570 --> 01:04:33,073
It's not that tough
a call, as I see it.
1201
01:04:33,073 --> 01:04:36,076
For those who do not have
to decide, it is easy.
1202
01:04:36,076 --> 01:04:38,078
The humanitarian
thing to do
1203
01:04:38,078 --> 01:04:40,080
is to strike down
segregation,
1204
01:04:40,080 --> 01:04:41,581
but nothing
presented to us--
1205
01:04:41,582 --> 01:04:43,584
neither history
nor legal precedent--
1206
01:04:44,084 --> 01:04:45,085
offers any help.
1207
01:04:45,085 --> 01:04:48,088
I think Jackson wants
to toss it to Congress.
1208
01:04:48,088 --> 01:04:50,590
The authority for enforcing
the 14th amendment--
1209
01:04:50,591 --> 01:04:52,342
Sir. Sir, if I may,
1210
01:04:52,343 --> 01:04:53,844
the negroes are
the group for whom
1211
01:04:53,844 --> 01:04:56,346
the 14th amendment
was written.
1212
01:04:56,347 --> 01:04:57,848
It's for
their protection.
1213
01:04:57,848 --> 01:04:59,850
And since 1868,
everybody else
1214
01:04:59,850 --> 01:05:01,852
has come to this court
invoking the protection
1215
01:05:01,852 --> 01:05:02,853
of the 14th amendment.
1216
01:05:02,853 --> 01:05:05,355
Corporations and
Chinese and aliens
1217
01:05:05,356 --> 01:05:07,858
and everybody else
come in and claim
1218
01:05:07,858 --> 01:05:08,859
they've been denied
equal protection
1219
01:05:08,859 --> 01:05:10,360
of the laws.
1220
01:05:10,361 --> 01:05:12,363
They come to
the supreme court
1221
01:05:12,863 --> 01:05:14,865
of the United States,
and you listen to them.
1222
01:05:14,865 --> 01:05:16,366
And if you find
that their rights
1223
01:05:16,367 --> 01:05:18,869
have been violated, then
you take care of them.
1224
01:05:18,869 --> 01:05:20,871
But when the one group
for whose protection
1225
01:05:20,871 --> 01:05:22,873
the 14th amendment
was written--
1226
01:05:22,873 --> 01:05:24,875
the negroes--come in and
ask you for relief,
1227
01:05:24,875 --> 01:05:27,377
Jackson wants you
to say yes,
1228
01:05:27,378 --> 01:05:28,378
your constitutional
rights
1229
01:05:28,378 --> 01:05:30,880
have been violated,
but don't come to us.
1230
01:05:30,880 --> 01:05:31,881
You go
across the street,
1231
01:05:31,881 --> 01:05:33,883
you ask congress
to give you relief.
1232
01:05:33,883 --> 01:05:37,386
We're not gonna give you
a damn thing.
1233
01:05:41,391 --> 01:05:42,392
Mark...
1234
01:05:44,394 --> 01:05:48,398
at Harvard I would have
given you an "A" for that.
1235
01:05:55,405 --> 01:05:56,406
Tempus fugit.
1236
01:05:56,406 --> 01:05:59,909
I'm exactly where I was
one year ago.
1237
01:05:59,909 --> 01:06:02,912
I'm prepared
to vote to desegregate,
1238
01:06:02,912 --> 01:06:05,915
and if my vote should be
in the minority,
1239
01:06:05,915 --> 01:06:10,419
I shall write as strong
a dissent as I know how.
1240
01:06:10,420 --> 01:06:12,422
After reading
over 1,500 pages,
1241
01:06:12,422 --> 01:06:14,924
I have yet
to discover a basis
1242
01:06:15,425 --> 01:06:17,927
in the constitution
or the 14th amendment
1243
01:06:17,927 --> 01:06:20,429
that allows us
to order the states
1244
01:06:20,430 --> 01:06:21,931
to do with
their schools
1245
01:06:21,931 --> 01:06:23,933
that which they
do not wish to do.
1246
01:06:23,933 --> 01:06:26,435
I was very taken
by something
1247
01:06:26,436 --> 01:06:27,937
Mr. hurgood
Marshall said.
1248
01:06:27,937 --> 01:06:30,940
"The only way the court
can decide this case
1249
01:06:30,940 --> 01:06:32,942
"in opposition
to our position
1250
01:06:32,942 --> 01:06:34,944
"is to find that,
for some reason,
1251
01:06:34,944 --> 01:06:36,444
"negroes
are inferior
1252
01:06:36,445 --> 01:06:37,946
to all other
human beings."
1253
01:06:37,946 --> 01:06:40,448
Hugo, I base my view
on the law,
1254
01:06:40,449 --> 01:06:42,451
and nothing in the law
1255
01:06:42,451 --> 01:06:44,953
tells us that we can
tell South Carolina
1256
01:06:44,953 --> 01:06:47,455
to abolish
separate schools.
1257
01:06:47,456 --> 01:06:49,958
This country has been
making great strides
1258
01:06:49,958 --> 01:06:51,459
in race relations.
1259
01:06:51,460 --> 01:06:55,464
A careless decision here
could halt that progress.
1260
01:06:55,464 --> 01:06:57,966
How do you see that
happening, Stanley?
1261
01:06:57,966 --> 01:06:59,467
If the american people
1262
01:06:59,468 --> 01:07:01,970
feel that a bunch of
liberals in Washington
1263
01:07:01,970 --> 01:07:03,972
are forcing
their social views
1264
01:07:03,972 --> 01:07:04,973
on the states,
1265
01:07:04,973 --> 01:07:06,975
there will be...
1266
01:07:06,975 --> 01:07:08,476
profound resentment.
1267
01:07:08,977 --> 01:07:11,479
I've seen the race
problem more closely
1268
01:07:11,980 --> 01:07:12,981
than most of you.
1269
01:07:13,482 --> 01:07:14,983
I'm concerned about
the possibility
1270
01:07:14,983 --> 01:07:18,486
of violence,
massive resistance.
1271
01:07:18,487 --> 01:07:20,489
What if we say
desegregate
1272
01:07:20,489 --> 01:07:21,990
and they refuse?
1273
01:07:21,990 --> 01:07:24,492
Can we send the army
into South Carolina
1274
01:07:24,493 --> 01:07:25,494
to enforce it?
1275
01:07:25,494 --> 01:07:27,496
Send the army
into 20 states?
1276
01:07:27,496 --> 01:07:29,498
I'm surprised that
the history provides
1277
01:07:29,498 --> 01:07:32,501
so little in the way
of legal footing
1278
01:07:32,501 --> 01:07:35,003
for striking down
segregation.
1279
01:07:35,003 --> 01:07:38,006
I find I'm arguing
with myself.
1280
01:07:38,006 --> 01:07:41,009
My heart tells me
segregation is wrong.
1281
01:07:41,009 --> 01:07:45,012
The law tells me not to
interfere with the states.
1282
01:07:45,513 --> 01:07:48,516
I do not like the
idea of segregation,
1283
01:07:48,516 --> 01:07:50,017
but for 100 years,
the south
1284
01:07:50,017 --> 01:07:52,519
has had segregated
school systems,
1285
01:07:52,520 --> 01:07:56,023
and this court has
told them it was legal.
1286
01:07:56,023 --> 01:07:58,025
We can't just turn
on a dime and say
1287
01:07:58,025 --> 01:08:00,027
tomorrow morning, things
will be different.
1288
01:08:00,027 --> 01:08:02,029
Nor can we
continue to say
1289
01:08:02,029 --> 01:08:04,531
that in The United
States of America,
1290
01:08:04,532 --> 01:08:05,533
all men are equal,
1291
01:08:05,533 --> 01:08:08,035
but that white men are
more equal than others.
1292
01:08:08,035 --> 01:08:11,038
For God's sake,
let's decide the principle.
1293
01:08:11,038 --> 01:08:13,040
We can remain flexible
on how to implement it.
1294
01:08:13,040 --> 01:08:14,541
Disaster.
1295
01:08:14,542 --> 01:08:18,546
This court is expected
to be precise and clear.
1296
01:08:18,546 --> 01:08:21,549
Felix, you say you're
arguing with yourself.
1297
01:08:21,549 --> 01:08:23,551
Perhaps you'd prepare
a memorandum
1298
01:08:23,551 --> 01:08:26,554
outlining the issues and
offering some suggestions
1299
01:08:26,554 --> 01:08:29,557
as to where
our choices lie.
1300
01:08:31,058 --> 01:08:32,559
Thank you, gentlemen.
1301
01:08:42,069 --> 01:08:44,571
Our great civil
libertarian
1302
01:08:44,572 --> 01:08:46,073
is going to get
us in the soup.
1303
01:08:46,073 --> 01:08:47,574
Douglas
is so abrasive,
1304
01:08:47,575 --> 01:08:49,577
he makes conciliation
and compromise
1305
01:08:49,577 --> 01:08:51,078
even more difficult.
1306
01:08:51,078 --> 01:08:53,079
He obviously
feels very deeply.
1307
01:08:53,079 --> 01:08:55,081
Douglas is a great
humanitarian
1308
01:08:55,081 --> 01:08:56,082
in the abstract.
1309
01:08:56,082 --> 01:08:58,084
He just
can't stand people.
1310
01:09:10,730 --> 01:09:12,231
Almost ready.
1311
01:09:12,232 --> 01:09:13,733
Sir, these
will be better
1312
01:09:13,733 --> 01:09:16,235
than your
city shoes.
1313
01:09:16,236 --> 01:09:18,238
Well...
1314
01:09:18,738 --> 01:09:20,740
Thank you,
Mr. Patterson.
1315
01:09:24,244 --> 01:09:26,246
You know the roads,
Mr. Patterson.
1316
01:09:26,246 --> 01:09:27,747
Oh, yes, sir.
1317
01:09:27,864 --> 01:09:30,366
I've been out this way
many times before.
1318
01:09:30,366 --> 01:09:33,869
The war between the states
is one of my hobbies.
1319
01:09:34,370 --> 01:09:35,871
Manassas, bull run...
1320
01:09:36,372 --> 01:09:39,375
just a short drive
from the city.
1321
01:09:39,876 --> 01:09:41,878
You ever been to
Gettysburg before, sir?
1322
01:09:41,878 --> 01:09:43,880
No, no.
1323
01:09:44,380 --> 01:09:47,883
For me, one of the pleasures
of living in the east
1324
01:09:48,384 --> 01:09:50,386
will be to see
some of these things.
1325
01:09:52,772 --> 01:09:56,275
Little round top.
Meade had the high ground.
1326
01:09:56,276 --> 01:09:58,278
He had
the artillery, too.
1327
01:09:58,278 --> 01:10:00,779
That was
the whole story.
1328
01:10:00,779 --> 01:10:03,281
In the winter of 1944
in Italy,
1329
01:10:03,782 --> 01:10:05,900
we were pinned down
in the Sergio Valley
1330
01:10:05,901 --> 01:10:07,903
for 2 weeks.
1331
01:10:07,903 --> 01:10:09,905
The gerrys
had the hilltop.
1332
01:10:09,905 --> 01:10:12,908
They were pouring
their .88s down in on us.
1333
01:10:12,908 --> 01:10:14,409
Bloodied us real bad.
1334
01:10:14,409 --> 01:10:16,911
Taught me a whole lot
1335
01:10:16,912 --> 01:10:20,415
about the value
of high ground.
1336
01:10:38,684 --> 01:10:41,186
So simple...
1337
01:10:41,186 --> 01:10:42,687
yet so strong.
1338
01:10:45,941 --> 01:10:48,944
"It is rather for us
to be here dedicated
1339
01:10:48,944 --> 01:10:52,948
"to the great task
remaining before us--
1340
01:10:52,948 --> 01:10:54,950
"that from
these honored dead
1341
01:10:54,950 --> 01:10:56,952
"we take
increased devotion
1342
01:10:56,952 --> 01:10:59,454
"for that cause
for which they gave
1343
01:10:59,955 --> 01:11:02,457
"the last full
measure of devotion--
1344
01:11:02,457 --> 01:11:05,460
"that we here
highly resolve
1345
01:11:05,460 --> 01:11:09,463
"that these dead shall
not have died in vain--
1346
01:11:09,964 --> 01:11:11,465
"that this nation,
under god,
1347
01:11:11,966 --> 01:11:14,468
"shall have a new birth
of freedom--
1348
01:11:14,969 --> 01:11:16,971
"and that government
of the people,
1349
01:11:17,471 --> 01:11:19,473
"by the people,
for the people
1350
01:11:19,974 --> 01:11:21,475
"shall not perish
1351
01:11:21,475 --> 01:11:22,609
from the earth."
1352
01:11:26,614 --> 01:11:28,115
On to Manassas, sir?
1353
01:12:13,277 --> 01:12:14,778
Good morning, sir.
1354
01:12:14,779 --> 01:12:15,780
Mr. Patterson,
1355
01:12:15,780 --> 01:12:17,280
why are you
sleeping in there?
1356
01:12:17,280 --> 01:12:19,782
Sir, I couldn't
find a place...
1357
01:12:21,785 --> 01:12:25,789
Sir, there's no place
within 20 miles of here
1358
01:12:25,789 --> 01:12:27,290
where I'd...
1359
01:12:35,799 --> 01:12:37,801
let's get back
to Washington.
1360
01:12:54,818 --> 01:12:57,704
"To be treated
as entire citizens
1361
01:12:57,704 --> 01:12:58,705
"of the society
1362
01:12:58,705 --> 01:13:00,707
into which
they've been born."
1363
01:13:07,714 --> 01:13:08,715
Come in, Mark.
1364
01:13:08,715 --> 01:13:11,718
It's Earl Warren.
1365
01:13:14,220 --> 01:13:15,221
Earl.
1366
01:13:18,725 --> 01:13:19,726
Felix.
1367
01:13:25,731 --> 01:13:27,733
Felix, this court
must vote
1368
01:13:27,733 --> 01:13:29,234
to desegregate.
1369
01:13:29,234 --> 01:13:32,604
I believe that this
is a moral issue,
1370
01:13:32,604 --> 01:13:35,106
one that goes
deep into the soul
1371
01:13:35,107 --> 01:13:36,608
of our nation.
1372
01:13:38,110 --> 01:13:40,112
The more
I ponder this,
1373
01:13:40,612 --> 01:13:42,113
the more I believe
1374
01:13:42,114 --> 01:13:43,615
the separate
but equal idea
1375
01:13:44,116 --> 01:13:45,617
is based
on the concept
1376
01:13:46,118 --> 01:13:48,120
that the colored
race is inferior
1377
01:13:48,120 --> 01:13:50,622
and that those
who sustain it
1378
01:13:50,622 --> 01:13:52,624
must be willing
to acknowledge that.
1379
01:13:52,624 --> 01:13:54,125
Now...
1380
01:13:56,128 --> 01:13:57,129
I believe my vote
1381
01:13:57,629 --> 01:14:00,131
will make
a majority of 5.
1382
01:14:00,132 --> 01:14:01,633
I will assign
the writing
1383
01:14:02,134 --> 01:14:04,136
of the opinion
to myself.
1384
01:14:04,136 --> 01:14:06,638
I hope to write it
in a way
1385
01:14:06,638 --> 01:14:08,139
that will bring
others with me.
1386
01:14:08,640 --> 01:14:11,643
What do I have to do
to have you with me?
1387
01:14:15,647 --> 01:14:16,648
You're a man
1388
01:14:16,648 --> 01:14:19,651
from the hurly-burly
of public life, Earl.
1389
01:14:19,651 --> 01:14:21,152
I'm a man from
the private world
1390
01:14:21,653 --> 01:14:22,654
of the jurist.
1391
01:14:22,654 --> 01:14:25,657
We both know
what is right here,
1392
01:14:25,657 --> 01:14:29,661
but to you it seems...
less complicated.
1393
01:14:29,661 --> 01:14:31,663
Neither history
nor legal precedent
1394
01:14:31,663 --> 01:14:33,164
gives us reason,
1395
01:14:33,165 --> 01:14:35,666
but there are times
when the court
1396
01:14:35,666 --> 01:14:38,669
must be free to interpret
the constitution
1397
01:14:38,669 --> 01:14:41,672
based on the changes
in men's feeling
1398
01:14:41,672 --> 01:14:44,174
for what is
right and just.
1399
01:14:44,175 --> 01:14:47,178
The humanitarian goal
will have to do.
1400
01:14:47,178 --> 01:14:50,681
But if you force
a sharply divided decision,
1401
01:14:50,681 --> 01:14:53,183
you will have
accomplished no good.
1402
01:14:53,184 --> 01:14:55,686
You must work
to unite the court.
1403
01:14:55,686 --> 01:14:57,187
How, Felix?
1404
01:14:57,188 --> 01:14:58,689
Jackson.
1405
01:14:58,689 --> 01:15:01,191
You must persuade him
to vote with us
1406
01:15:01,692 --> 01:15:03,694
and not to write
a separate opinion.
1407
01:15:03,694 --> 01:15:06,697
You must talk to him,
convince him,
1408
01:15:06,697 --> 01:15:09,199
and then,
if you're successful,
1409
01:15:09,200 --> 01:15:10,701
Clark, he should follow.
1410
01:15:11,202 --> 01:15:14,205
Stanley Reed will be
the most difficult.
1411
01:15:16,207 --> 01:15:17,208
Can reed be turned?
1412
01:15:17,208 --> 01:15:20,711
Only by you.
but Jackson first.
1413
01:15:27,602 --> 01:15:29,604
If you write
an opinion,
1414
01:15:29,604 --> 01:15:32,106
I will study it
with an open mind.
1415
01:15:32,106 --> 01:15:33,607
That's all I ask.
1416
01:15:33,608 --> 01:15:36,611
But an open mind
cannot change
1417
01:15:36,611 --> 01:15:38,112
my belief
that this matter
1418
01:15:38,112 --> 01:15:40,614
rightfully belongs
to the congress.
1419
01:15:43,617 --> 01:15:47,621
Earl, you are
looking for a...
1420
01:15:47,621 --> 01:15:49,623
congenial
political solution
1421
01:15:49,623 --> 01:15:50,624
to the problem.
1422
01:15:50,624 --> 01:15:52,626
I'm looking for a way
to do what I think
1423
01:15:52,626 --> 01:15:56,630
we both believe is
the right thing to do.
1424
01:15:58,131 --> 01:16:01,634
The only possible way,
in my view,
1425
01:16:01,635 --> 01:16:04,638
to write a decision
to end segregation
1426
01:16:04,638 --> 01:16:06,640
with intellectual
honesty
1427
01:16:06,640 --> 01:16:08,642
is to argue
1428
01:16:08,642 --> 01:16:10,644
that the majestic
generalities
1429
01:16:10,644 --> 01:16:11,645
of the constitution
1430
01:16:11,645 --> 01:16:15,148
have a content
and a significance
1431
01:16:15,148 --> 01:16:19,652
that vary
from age to age.
1432
01:16:19,653 --> 01:16:20,654
Yes?
1433
01:16:22,155 --> 01:16:25,658
I don't like it,
but you can try it.
1434
01:16:39,039 --> 01:16:40,540
I like this.
1435
01:16:43,043 --> 01:16:44,544
I've got control.
1436
01:16:44,544 --> 01:16:46,045
With the courts,
1437
01:16:46,046 --> 01:16:49,549
all I can do
is wait.
1438
01:16:55,554 --> 01:16:56,555
Buster...
1439
01:16:56,555 --> 01:16:59,057
The time I got
the job as a waiter
1440
01:16:59,058 --> 01:17:01,060
with the Baltimore
& Ohio...
1441
01:17:01,060 --> 01:17:04,063
Your daddy
got you that job.
1442
01:17:05,564 --> 01:17:07,566
They handed me
a uniform...
1443
01:17:09,568 --> 01:17:11,570
white coat,
1444
01:17:11,570 --> 01:17:14,072
black pants that fit
real nice,
1445
01:17:14,073 --> 01:17:17,076
except they stopped
just above the ankles
1446
01:17:17,076 --> 01:17:18,577
6 inches too short.
1447
01:17:18,577 --> 01:17:22,080
I went to the man
in charge, and I said,
1448
01:17:22,081 --> 01:17:25,584
"Sir, I need to have
another pair of pants.
1449
01:17:25,584 --> 01:17:27,085
These are too short."
1450
01:17:30,089 --> 01:17:32,091
The man looked me over,
1451
01:17:32,091 --> 01:17:34,093
and you know
what he said?
1452
01:17:36,095 --> 01:17:39,598
He said, "Don't you know
it's easier for me
1453
01:17:39,598 --> 01:17:41,600
"to get a shorter negro
1454
01:17:41,600 --> 01:17:45,604
than it is to get
another uniform?"
1455
01:17:50,109 --> 01:17:52,611
It makes me angry.
1456
01:17:52,611 --> 01:17:55,614
That was
a long time ago.
1457
01:17:57,116 --> 01:18:00,118
Mm-mmm. I mean
about being sick.
1458
01:18:03,121 --> 01:18:05,623
Changes are coming--
1459
01:18:05,623 --> 01:18:09,627
Changes we never
dared dream about...
1460
01:18:09,627 --> 01:18:12,129
and I may not see them.
1461
01:18:25,143 --> 01:18:29,647
I want to see the things
we've worked for...
1462
01:18:30,148 --> 01:18:33,651
all the changes
that will come.
1463
01:18:35,653 --> 01:18:37,655
You'll see changes.
1464
01:18:37,655 --> 01:18:42,159
You will see
a different world.
1465
01:18:44,162 --> 01:18:45,663
And you know
something?
1466
01:18:47,665 --> 01:18:50,167
You'll know we made
a difference.
1467
01:19:17,828 --> 01:19:19,329
Douglas.
1468
01:19:21,331 --> 01:19:22,332
Black.
1469
01:19:24,334 --> 01:19:24,834
Minton.
1470
01:19:27,838 --> 01:19:28,338
Burton.
1471
01:19:31,842 --> 01:19:32,342
Warren.
1472
01:19:35,345 --> 01:19:36,346
Frankfurter.
1473
01:19:39,850 --> 01:19:40,851
Jackson,
1474
01:19:40,851 --> 01:19:42,853
Clark...
1475
01:19:42,853 --> 01:19:43,854
and Reed.
1476
01:19:58,368 --> 01:20:00,870
Miss McHugh,
Mr. Patterson--
1477
01:20:00,871 --> 01:20:02,372
Work to do.
1478
01:20:09,880 --> 01:20:13,383
Now, if you would...
type this, please?
1479
01:20:13,383 --> 01:20:14,384
Yes, sir.
1480
01:20:14,384 --> 01:20:15,884
I will review it.
1481
01:20:15,885 --> 01:20:17,386
Then, Mr. Patterson,
1482
01:20:17,386 --> 01:20:20,389
if you would take it
to the print shop
1483
01:20:20,389 --> 01:20:22,391
and order 9 copies,
1484
01:20:22,391 --> 01:20:23,892
only 9.
1485
01:20:24,894 --> 01:20:25,895
Yes, sir.
1486
01:20:35,654 --> 01:20:38,023
May I guess
why you're here?
1487
01:20:45,030 --> 01:20:48,533
I will vote
to desegregate
1488
01:20:48,534 --> 01:20:51,537
if...if the opinion
1489
01:20:51,537 --> 01:20:53,539
gives the southern
states time.
1490
01:20:54,039 --> 01:20:55,040
We're not dealing
just with law.
1491
01:20:55,541 --> 01:20:58,544
We are dealing with
a social revolution.
1492
01:20:58,544 --> 01:20:59,545
It needs time.
1493
01:20:59,545 --> 01:21:01,046
You read that, Tom.
1494
01:21:01,046 --> 01:21:03,048
It may need
some refinement.
1495
01:21:03,048 --> 01:21:05,550
I'd like to accommodate
your view.
1496
01:21:47,592 --> 01:21:49,594
Stanley, I've written
this opinion
1497
01:21:49,594 --> 01:21:53,097
in a way which I hope
will unite the court.
1498
01:21:53,598 --> 01:21:56,601
There's a word that's
been on my mind of late--
1499
01:21:56,601 --> 01:21:59,103
krytocracy.
1500
01:21:59,604 --> 01:22:04,609
K-R-Y-T-O-C-R-A-C-Y.
1501
01:22:04,609 --> 01:22:08,112
I checked it last night
in the oxford dictionary.
1502
01:22:08,112 --> 01:22:11,115
It says
"Government by judges."
1503
01:22:11,616 --> 01:22:14,118
I do not want
to see this court
1504
01:22:14,118 --> 01:22:16,620
travel outside
its authority.
1505
01:22:16,621 --> 01:22:20,625
It isn't a question of
what I would like to see,
1506
01:22:20,625 --> 01:22:24,128
but what the constitution
will permit me to see.
1507
01:22:25,630 --> 01:22:27,131
And, Earl...
1508
01:22:27,131 --> 01:22:29,133
understand this--
1509
01:22:29,133 --> 01:22:30,634
I do not believe
1510
01:22:30,635 --> 01:22:34,137
that negroes are
an inferior race.
1511
01:22:35,138 --> 01:22:37,140
Sir, it's
Mr. Justice Jackson.
1512
01:22:37,140 --> 01:22:38,641
Yes?
1513
01:22:38,642 --> 01:22:41,144
Sir, they just
took him to Walter Reed.
1514
01:22:41,144 --> 01:22:42,645
A heart attack, sir.
1515
01:23:05,919 --> 01:23:09,422
Major McCarthy,
please come to station 23.
1516
01:23:09,423 --> 01:23:11,925
Mr. Justice Jackson?
1517
01:23:11,925 --> 01:23:13,927
I'm Earl Warren.
1518
01:23:14,428 --> 01:23:15,562
Sir, he's resting.
1519
01:23:15,562 --> 01:23:17,564
Mr. Prittyman
is handling his calls.
1520
01:23:17,564 --> 01:23:19,065
Oh, hello, Barrett.
1521
01:23:19,066 --> 01:23:20,567
Hello,
Mr. Chief Justice.
1522
01:23:20,567 --> 01:23:22,068
They say
he'll make it.
1523
01:23:22,069 --> 01:23:24,071
I talked to him
this morning.
1524
01:23:24,071 --> 01:23:25,072
I think he'll be ok.
1525
01:23:25,072 --> 01:23:27,074
Good, good.
1526
01:23:27,074 --> 01:23:29,076
Barrett, uh...
1527
01:23:30,077 --> 01:23:33,580
as soon as you think
he's up to it,
1528
01:23:33,580 --> 01:23:36,082
ask him to read this.
1529
01:23:36,083 --> 01:23:37,084
It's important.
1530
01:23:37,084 --> 01:23:39,086
I know, sir.
1531
01:24:05,861 --> 01:24:09,364
A little bout
with one's mortality
1532
01:24:09,365 --> 01:24:12,868
has a way
of focusing the mind.
1533
01:24:15,988 --> 01:24:18,490
Since the end
of the civil war,
1534
01:24:18,991 --> 01:24:21,493
the United States
1535
01:24:21,494 --> 01:24:26,499
has been hesitating
between 2 worlds--
1536
01:24:26,499 --> 01:24:27,500
one dead,
1537
01:24:27,500 --> 01:24:31,504
the other powerless
to be born.
1538
01:24:35,007 --> 01:24:37,509
What you have written
1539
01:24:37,510 --> 01:24:40,012
is quite remarkable.
1540
01:24:40,012 --> 01:24:44,516
In very... plain
and understandable words,
1541
01:24:45,017 --> 01:24:47,518
it tells the nation
what must be done
1542
01:24:47,519 --> 01:24:49,521
and why.
1543
01:24:51,656 --> 01:24:53,157
I'm with you, Earl.
1544
01:25:15,930 --> 01:25:18,933
You're all by yourself
now, Stanley.
1545
01:25:24,439 --> 01:25:25,940
The fact remains--
1546
01:25:25,940 --> 01:25:28,943
this court has been
given no evidence
1547
01:25:28,943 --> 01:25:30,945
that the nation knew
a century ago
1548
01:25:30,945 --> 01:25:32,947
that it was outlawing--
1549
01:25:32,947 --> 01:25:35,950
Stanley, we have 8 votes
to desegregate.
1550
01:25:40,455 --> 01:25:42,957
Each of us is concerned
about history.
1551
01:25:44,959 --> 01:25:47,962
Each of us is reluctant
to overrule precedents.
1552
01:25:50,465 --> 01:25:52,467
But we are convinced
1553
01:25:52,467 --> 01:25:54,969
that the law
in this day and age
1554
01:25:54,969 --> 01:25:58,471
cannot set negro
schoolchildren apart,
1555
01:25:58,472 --> 01:26:01,475
not in The United States
of America.
1556
01:26:03,477 --> 01:26:06,480
This country has been
making consistent progress
1557
01:26:06,480 --> 01:26:07,981
in race relations.
1558
01:26:09,983 --> 01:26:14,487
This decision could
impede that progress...
1559
01:26:14,988 --> 01:26:16,489
halt the march.
1560
01:26:18,492 --> 01:26:20,994
A piece of paper
cannot eradicate
1561
01:26:20,994 --> 01:26:22,495
the fears and prides
1562
01:26:22,496 --> 01:26:24,998
and prejudices
of the people.
1563
01:26:27,000 --> 01:26:29,502
Earl... if this court
1564
01:26:29,503 --> 01:26:32,005
tries to force
the southern states
1565
01:26:32,506 --> 01:26:34,007
to change overnight,
1566
01:26:34,508 --> 01:26:36,510
there will be resistance,
1567
01:26:36,510 --> 01:26:40,013
litigation, disobedience,
1568
01:26:40,514 --> 01:26:43,016
and years of conflict.
1569
01:26:45,018 --> 01:26:46,519
Believe me.
1570
01:26:48,021 --> 01:26:50,023
Stanley,
I'm a politician.
1571
01:26:50,524 --> 01:26:52,025
I've worked
for the people
1572
01:26:52,025 --> 01:26:54,027
for over
30 years now.
1573
01:26:54,027 --> 01:26:56,029
I've seen them
in police stations,
1574
01:26:56,530 --> 01:26:59,032
hospitals,
unemployment lines.
1575
01:27:00,534 --> 01:27:02,536
I'm convinced
that the people
1576
01:27:02,536 --> 01:27:04,036
will accept a ruling
1577
01:27:04,537 --> 01:27:07,540
that fortifies their
inner conscience.
1578
01:27:07,540 --> 01:27:10,543
Let the backbone
come from the court,
1579
01:27:10,543 --> 01:27:13,045
and it'll strengthen
the moral backbone
1580
01:27:13,045 --> 01:27:17,049
of the people who
live in conflict.
1581
01:27:17,550 --> 01:27:19,051
Stanley, a fully
united court
1582
01:27:19,051 --> 01:27:21,053
will send a signal
to this nation.
1583
01:27:24,557 --> 01:27:27,560
I pray that you'll
see your way clear
1584
01:27:27,560 --> 01:27:29,061
to join
the majority.
1585
01:28:13,972 --> 01:28:14,973
Hello.
1586
01:28:18,977 --> 01:28:21,479
I'll be on
the midnight train.
1587
01:28:33,241 --> 01:28:36,744
Get ready for passengers
on track 22.
1588
01:28:38,747 --> 01:28:43,251
Silver mid-year service
from Miami Beach, Florida...
1589
01:28:51,509 --> 01:28:53,010
Find another cab,
boy.
1590
01:28:53,011 --> 01:28:55,013
We're going
to the supreme court.
1591
01:28:55,513 --> 01:28:56,514
Come on, Bob.
Come on.
1592
01:28:56,514 --> 01:28:58,516
I think you'll
want to be in court
1593
01:28:58,516 --> 01:29:00,017
this morning, boys.
1594
01:29:11,529 --> 01:29:13,531
9 copies, sir...
1595
01:29:13,531 --> 01:29:15,032
for the brethren.
1596
01:29:38,305 --> 01:29:39,306
Welcome back.
1597
01:29:44,311 --> 01:29:44,811
Welcome back.
1598
01:29:45,312 --> 01:29:47,314
It's good
to have you back.
1599
01:29:48,816 --> 01:29:49,817
All rise.
1600
01:29:49,817 --> 01:29:51,318
The honorable
the chief justice
1601
01:29:51,318 --> 01:29:52,819
and the associate
justices
1602
01:29:52,820 --> 01:29:54,822
of the supreme court
of the United States.
1603
01:29:54,822 --> 01:29:56,824
Oyez, oyez, oyez.
1604
01:29:56,824 --> 01:29:57,825
All persons
having business
1605
01:29:57,825 --> 01:29:59,827
before the honorable
the supreme court
1606
01:29:59,827 --> 01:30:00,828
of the United States
1607
01:30:00,828 --> 01:30:02,830
are invited to draw near
and give their attention,
1608
01:30:02,830 --> 01:30:04,331
for the court
is now sitting.
1609
01:30:04,715 --> 01:30:06,717
These cases come to us
1610
01:30:06,717 --> 01:30:08,719
from the states
of Kansas,
1611
01:30:08,719 --> 01:30:10,220
South Carolina,
1612
01:30:10,220 --> 01:30:11,221
Virginia,
1613
01:30:11,221 --> 01:30:12,722
and Delaware.
1614
01:30:12,723 --> 01:30:15,726
They are premised
on different facts
1615
01:30:15,726 --> 01:30:18,228
and different
local conditions,
1616
01:30:18,228 --> 01:30:20,730
but a common
legal question
1617
01:30:20,731 --> 01:30:23,734
justifies their
consideration together.
1618
01:30:26,236 --> 01:30:28,238
In approaching
this question,
1619
01:30:28,605 --> 01:30:33,108
we cannot turn
the clock back to 1868,
1620
01:30:33,109 --> 01:30:36,612
when the 14th amendment
was adopted,
1621
01:30:36,612 --> 01:30:39,615
or even to 1896,
1622
01:30:39,615 --> 01:30:42,618
when Plessy vs. Ferguson
was written.
1623
01:30:44,120 --> 01:30:46,622
We must consider
public education
1624
01:30:46,622 --> 01:30:49,625
in the light
of its present place
1625
01:30:49,625 --> 01:30:52,628
in american life.
1626
01:30:52,628 --> 01:30:55,631
Only in this way
can it be determined
1627
01:30:55,765 --> 01:30:58,768
if segregation
in public schools
1628
01:30:59,268 --> 01:31:01,770
deprives
these young plaintiffs
1629
01:31:02,271 --> 01:31:05,774
of the equal protection
of the laws.
1630
01:31:05,775 --> 01:31:07,777
In these days,
1631
01:31:07,777 --> 01:31:10,279
it is doubtful
that any child
1632
01:31:10,279 --> 01:31:14,283
may reasonably be expected
to succeed in life
1633
01:31:14,784 --> 01:31:16,786
if he is denied
the opportunity
1634
01:31:17,286 --> 01:31:18,787
of an education.
1635
01:31:18,788 --> 01:31:20,790
Such an opportunity,
1636
01:31:20,790 --> 01:31:23,793
where the state has
undertaken to provide it,
1637
01:31:23,793 --> 01:31:26,796
is a right which must
be made available
1638
01:31:26,796 --> 01:31:30,299
to all on equal terms.
1639
01:31:30,800 --> 01:31:34,303
We come, then,
to the question presented--
1640
01:31:34,303 --> 01:31:38,306
does segregation of children
in public schools
1641
01:31:38,306 --> 01:31:41,309
solely on the basis
of race,
1642
01:31:41,309 --> 01:31:43,311
even though
the physical facilities
1643
01:31:43,311 --> 01:31:44,812
may be equal,
1644
01:31:45,313 --> 01:31:48,816
deprive the children
of the minority group
1645
01:31:48,817 --> 01:31:53,321
of equal education
opportunities?
1646
01:31:53,321 --> 01:31:55,323
We believe...
1647
01:31:57,826 --> 01:31:59,327
Unanimously
1648
01:31:59,327 --> 01:32:00,328
that it does.
1649
01:32:02,330 --> 01:32:04,332
We conclude
1650
01:32:04,332 --> 01:32:07,335
that in the field
of public education,
1651
01:32:07,335 --> 01:32:10,838
the doctrine
of separate but equal
1652
01:32:11,339 --> 01:32:12,840
has no place.
1653
01:32:12,841 --> 01:32:16,211
Separate educational
facilities
1654
01:32:16,211 --> 01:32:18,713
are inherently unequal.
1655
01:32:19,214 --> 01:32:21,716
Therefore, we hold
that the plaintiffs
1656
01:32:21,716 --> 01:32:24,719
and others
similarly situated
1657
01:32:24,719 --> 01:32:27,722
for whom the actions
have been brought
1658
01:32:27,722 --> 01:32:31,726
are, by reason of the
segregation complained of,
1659
01:32:31,726 --> 01:32:36,230
deprived of the equal
protection of the laws
1660
01:32:36,231 --> 01:32:39,734
guaranteed
by the 14th amendment.
1661
01:32:40,735 --> 01:32:42,236
It is so ordered.
1662
01:33:25,162 --> 01:33:26,663
Please, Mr. Marshall--
1663
01:33:34,171 --> 01:33:36,173
Buster, it's me.
1664
01:33:39,176 --> 01:33:40,677
We did it.
1665
01:33:41,679 --> 01:33:43,180
Unanimous.
1666
01:33:45,182 --> 01:33:46,183
Buster...
1667
01:33:47,685 --> 01:33:49,687
I love you.
1668
01:33:49,687 --> 01:33:52,690
A bulletin
from Washington.
1669
01:33:52,690 --> 01:33:54,190
At 1:10 p.m.,
1670
01:33:54,190 --> 01:33:56,192
the United States
supreme court
1671
01:33:56,192 --> 01:33:57,693
chief justice
Earl Warren
1672
01:33:57,694 --> 01:33:59,195
announced
the unanimous decision
1673
01:33:59,195 --> 01:34:02,198
to outlaw segregation
of negroes in public schools.
1674
01:34:02,198 --> 01:34:05,201
The court said
separating negro children
1675
01:34:05,201 --> 01:34:08,704
violates rights guaranteed
to american citizens
1676
01:34:08,705 --> 01:34:10,206
by the 14th amendment.
1677
01:34:42,238 --> 01:34:43,239
Father?
1678
01:34:43,239 --> 01:34:44,740
Morning, Julia.
1679
01:34:51,614 --> 01:34:54,116
The decision...
1680
01:34:54,117 --> 01:34:56,619
for the plaintiffs.
1681
01:34:56,619 --> 01:34:58,621
It was unanimous.
1682
01:35:01,623 --> 01:35:04,125
In the words
of the general--
1683
01:35:04,126 --> 01:35:05,627
"We have met
the enemy,
1684
01:35:06,128 --> 01:35:07,129
and we are theirs."
1685
01:35:07,629 --> 01:35:10,131
I'm sorry, father.
1686
01:35:10,132 --> 01:35:12,134
Someday I'm going
to learn to accept
1687
01:35:12,134 --> 01:35:14,636
good advice
when it's offered.
1688
01:35:19,641 --> 01:35:22,143
There's troubled
times ahead.
1689
01:35:23,645 --> 01:35:25,647
Looking at it
philosophically,
1690
01:35:25,647 --> 01:35:26,648
unanimous decision
1691
01:35:26,648 --> 01:35:29,150
is the best thing
for the country.
1692
01:35:31,153 --> 01:35:34,156
Great!
Yeah!
1693
01:35:35,657 --> 01:35:37,158
Congratulations.
118748
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