Fractured Court, Monumental Decision: Earl Warren's Unifying Role in Brown |
Primary Sources
Eisenhower, Dwight D. Mandate for Change: 1953-1956.
New York: Signet, 1963.
Eisenhower’s memoirs reveal his skepticism at Warren’s ability to unify
the Court and the criteria he used in choosing Warren as Chief Justice.
Ferrell, Robert H., ed. The Eisenhower Diaries. New
York: WW Norton and Company, 1981.
As is evident by the title, this volume provides a real insider look
at Eisenhower. One entry in late January 1956 suggests that Eisenhower
had his suspicions about Warren extending beyond Brown. He hints
at his displeasure at the Supreme Court’s decision and suggests that desegregation
may impede progress in school legislation. I love examining diaries
for historical clues; I think they supply some of the greatest insight.
Fraser, James W., ed. The School in the United States: A Documentary
History. Boston: McGraw Hill, 2001.
Provides the full context of the Clark report, which Warren largely
based his opinion on. Cites Warren and his hard work in achieving
unanimity and “dramatic social order.”
Ike’s Letters to a Friend, 1941-1958. Edited
by Robert Griffith. Lawrence, KS: University of Kansas Press, 1984.
A compilation of Eisenhower’s letters to life-long friend, Dr. Everett
Hazlett. In several letters, Eisenhower reveals his initial misapprehension
of Warren.
Martin, Waldo E., ed. Brown v. Board of Education: A Brief History
with Documents. Boston: Bedford/ St. Martin’s, 1998.
An anthology of documents pertaining to the Brown case. Includes
the cases of Sweatt and McLaurin, which set the precedent
for the 1954 ruling.
The Public Papers of Chief Justice Earl Warren. Edited
by Henry Christman. Westport, CT: Greenwood Press, 1959.
A smaller collection of Warren’s court decisions, public speeches,
and published articles and papers provided me with a reasonable (and not
so overwhelming) look at Warren. One such speech within this compilation
was a direct retort to one of Eisenhower’s addresses in which he outright
proclaims that “the power of example is far more forceful” as if to mock
the Chief Executive. This was most surprising to me.
Warren, Earl. The Memoirs of Earl Warren. New
York: Doubleday, 1977.
This candid book reveals Eisenhower’s disappointment with Warren in
one conversation where the President tells the Chief Justice he “mistakenly
thought he was moderate…but had since concluded otherwise.” Warren
also shares his rationale behind the decision in Brown II and despite the
criticism from Eisenhower, compliments him for his role in the development
of the Civil Rights Commission.
Whitman, Mark, ed. Removing a Badge of Slavery: The Record
of Brown v. Board of Education. Princeton,
NJ: Markus Wiener Publishing, 1993.
A collection of all related documents to Brown, both those that precede
and follow the 1954 Supreme Court ruling. Examines Warren's preoccupation
with morality applied to courtroom practices.
Major Secondary Source
Kluger, Richard. Simple Justice. New York: Vintage
Books, 1975.
This book is far and away the most comprehensive secondary source on
this topic. For those less familiar with Brown, Kluger does
an amazing job of providing an extensive historical context. The
book’s narrative format makes the read enjoyable, more so than one couched
in legal terms. The reader is afforded a look into quite a few of
the key players’ heads—Marshall, Warren, and others. Kluger’s research
is extensive and incredibly thorough, utilizing hundreds of interviews,
articles, court documents, letters, and books as source material.
Simple Justice goes into such pain-staking detail, one could read
for days and still have difficulty sifting through all of the information.
In one chapter entitled "The Arrival of the Superchief," Kluger contends
after providing much support that Warren was "the ultimate framer of just
solutions to profound disputes." I would agree. His warm, friendly
personality and charm were merely the beginning. surface to Warren's
success in Brown; he had an uncanny knack in achieving compromise.
Additional Secondary Source(s)
Alexander, Charles C. Holding the Line: The Eisenhower Era,
1952-1961. Bloomington, IN: Indiana University Press, 1975.
Attributes the similar successes of both Eisenhower and Warren to their
like personalities. Emphasizes Eisenhower’s disinterest in using
his power to enforce the Court’s ruling and elaborates at some length about
his lack of enthusiasm with regards to desegregation.
Balkin, Jack M., ed. What Brown v. Board Should Have Said: The Nation’s
Top Legal Experts Rewrite America’s Landmark Civil Rights
Decision.
New York: New York University Press, 2002.
Examines the division prior to Warren’s appointment and then closely
analyzes Warren’s success in achieving unanimity as in a three-step process.
Burk, Robert Frederick. The Eisenhower Administration and
Black Civil Rights. Knoxville, TN: University of Tennessee Press,
1984.
This book shed some very interesting light on the relationship between
Eisenhower and Warren. I was fascinated to discover that Eisenhower
initially defended Warren’s appointment to some of his more conservative
political opponents. Burk details at length one of the most telling
incidents between the two men at a White House dinner with segregationist
lawyer for the case, John Davis.
Cray, Ed. Chief Justice. New York: Simon and Schuster,
1997.
In this well-written biography, Cray provides his readers with a complete
examination of Earl Warren, from childhood to death. Quite obviously,
this biography focused primarily on the life of Warren, which aided me
greatly in my research. In many of the other scholarly sources I
used, studies of Warren were interwoven with other critical figures in
the Court case; in this book, I was able to get an in-depth look at the
man underneath the robe. Cray uses the Earl Warren papers, in addition
to his memoirs, as source material to his credit.
Duram, James C. A Moderate Among Extremists: Dwight D. Eisenhower
and the School Desegregation Crisis. Chicago: Nelson-Hall, 1981.
Looks at Southern criticism of the decision and its effects on the
Eisenhower administration. Highlights Warren’s criticism of Eisenhower
for his general lack of leadership in civil rights.
Freyer, Tony. The Little Rock Crisis: A Constitutional Interpretation.
Westport, CT: Greenwood Press, 1984.
Closely investigates the Court’s decision-making process, with emphasis
on Warren’s departure from the norm in utilizing the Clark report as a
basis for his opinion.
Irons, Peter. Jim Crow’s Children: The Broken Promise of
the Brown Decision. New York: Viking, 2002.
This book’s narrative format makes for an easy read. Notes Warren’s
persistence and ability to win over his colleagues with his demeanor and
charm.
Patterson, James T. Brown v. Board of Education: A Civil
Rights Milestone and its Troubled Legacy. Oxford: Oxford University
Press, 2001.
An in-depth look at race relations pre-Brown, during Brown, and post-Brown.
Patterson examines the time leading up to the Court’s decision in great
detail in a stylistically beautiful manner.
Sitkoff, Howard. The Struggle For Black Equality: 1954-1992.
New York: Hill and Wang, 1993.
This book attempts to grapple with the cost of unanimity by first providing
a context for the divided court and then examining Warren’s need to wait
for concurrence. Develops into a criticism of the lasting effects
of the civil rights movement in a modern light.
Thernstrom, Stephan, and Abigail Thernstrom. America In
Black and White, One Nation Indivisible. New York: Touchstone,
1997.
From a more conservative perspective, this book touches briefly upon
Warren’s admiration for Justice Harlan and the role this admiration played
in the Brown decision.
Tushnet, Mark V. The NAACP’s Legal Strategy vs. Segregated
Education: 1925-1950. Chapel Hill, NC: University of North Carolina
Press, 1987.
Details the success of the NAACP in delaying the Brown ruling, provides
a context for prior rulings in favor of civil rights.
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