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Supplementary Readings
Sputnik and The Dawn of the Space Age
History
changed on October 4, 1957, when the Soviet Union successfully launched
Sputnik I. The world's first artificial satellite was about the
size of a basketball, weighed only 183 pounds, and took about 98
minutes to orbit the Earth on its elliptical path. That launch ushered
in new political, military, technological, and scientific developments.
While the Sputnik launch was a single event, it marked the start
of the space age and the U.S.-U.S.S.R space race.
The
story begins in 1952, when the International Council of Scientific
Unions decided to establish July 1, 1957, to December 31, 1958,
as the International Geophysical Year (IGY) because the scientists
knew that the cycles of solar activity would be at a high point
then. In October 1954, the council adopted a resolution calling
for artificial satellites to be launched during the IGY to map the
Earth's surface.
In
July 1955, the White House announced plans to launch an Earth-orbiting
satellite for the IGY and solicited proposals from various Government
research agencies to undertake development. In September 1955, the
Naval Research Laboratory's Vanguard proposal was chosen to represent
the U.S. during the IGY.
The
Sputnik launch changed everything. As a technical achievement, Sputnik
caught the world's attention and the American public off-guard.
Its size was more impressive than Vanguard's intended 3.5-pound
payload. In addition, the public feared that the Soviets' ability
to launch satellites also translated into the capability to launch
ballistic missiles that could carry nuclear weapons from Europe
to the U.S. Then the Soviets struck again; on November 3, Sputnik
II was launched, carrying a much heavier payload, including a dog
named Laika.
Immediately
after the Sputnik I launch in October, the U.S. Defense Department
responded to the political furor by approving funding for another
U.S. satellite project. As a simultaneous alternative to Vanguard,
Wernher von Braun and his Army Redstone Arsenal team began work
on the Explorer project.
On
January 31, 1958, the tide changed, when the United States successfully
launched Explorer I. This satellite carried a small scientific payload
that eventually discovered the magnetic radiation belts around the
Earth, named after principal investigator James Van Allen. The Explorer
program continued as a successful ongoing series of lightweight,
scientifically useful spacecraft.
The
Sputnik launch also led directly to the creation of National Aeronautics
and Space Administration (NASA). In July 1958, Congress passed the
National Aeronautics and Space Act (commonly called the "Space
Act"), which created NASA as of October 1, 1958 from the National
Advisory Committee for Aeronautics (NACA) and other government agencies.
School Segregation
High Court Bans School Segregation; 9-to-0 Decision Grants Time
to Comply
1896 Ruling Upset
'Separate but Equal' Doctrine Held Out of Place in Education; High
Court Bans Public Pupil Bias
By LUTHER A. HUSTON
SPECIAL TO THE NEW YORK TIMES
Washington, May 17!The Supreme Curt unanimously outlawed today
racial segregation in public schools.
Chief Justice Earl Warren read two opinions that put the stamp
of unconstitutionality on school systems in twenty-one states and
the District of Columbia where segregation is permissive or mandatory.
The court, taking cognizance of the problems involved in the integration
of the school systems concerned, put over until the next term, beginning
in October, the formulation of decrees to effectuate its 9-to-0
decision.
The opinions set aside the "separate but equal" doctrine
laid down by the Supreme Court in 1896.
"In the field of public education," Chief Justice Warren
said, "the doctrine of 'separate but equal' has no place. Separate
educational facilities are inherently unequal."
He stated the question and supplied the answer as follows:
"We come then to the question presented: Does segregation
of children in public schools solely on the basis of race, even
though physical facilities and other 'tangible' factors may be equal,
deprive the children of the minority group of equal educational
opportunities? We believe that it does."
States Stressed Rights
The court's opinion does not apply to private schools. It is directed
entirely at public schools. It does not affect the "separate
but equal doctrine" as applied on railroads and other public
carriers entirely within states that have such restrictions.
The principal ruling of the court was in four cases involving
state laws. The states' right to operate separated schools had been
argued before the court on two occasions by representatives of South
Carolina, Virginia, Kansas and Delaware.
In these cases, consolidated in one opinion, the high court held
that school segregation deprived Negroes of "the equal protection
of the laws guaranteed by the Fourteenth Amendment."
The other opinion involved the District of Columbia. Here schools
have been segregated since Civil War days under laws passed by Congress.
"In view of our decision that the Constitution prohibits
the states from maintaining racially segregated public schools,"
the Chief Justice said, "it would be unthinkable that the same
Constitution would impose a lesser duty on the Federal Government.
"We hold that racial segregation in the public schools of
the District of Columbia is a denial of the due process of law guaranteed
by the Fifth Amendment to the Constitution."
The Fourteenth Amendment provides that no state shall "deny
to any person, within its jurisdiction the equal protection of the
laws." The Fifth Amendment says that no person shall be "deprived
of life, liberty or property without due process of law."
The seventeen states having mandatory segregation are Alabama,
Arkansas, Delaware, Florida, Mississippi, Missouri, North Carolina,
Oklahoma, Georgia, Kentucky, Louisiana, Maryland, South Carolina,
Tennessee, Texas, Virginia and West Virginia.
Kansas, New Mexico, Arizona and Wyoming have permissive statutes,
although Wyoming never has exercised it.
South Carolina and Georgia have announced plans to abolish public
schools if segregation were banned.
Although the decision with regard to the constitutionality of
school segregation was unequivocal, the court set the cases down
for reargument in the fall on questions that previously were argued
last December. These dealt with the power of the court to permit
an effective gradual readjustment to school systems not based on
color distinctions.
Other questions include whether the court itself should formulate
detailed decrees and what issues should be dealt with. Also, whether
the cases should be remanded to the lower courts to frame decrees,
and what general directions the Supreme Court should give the lesser
tribunals if this were done.
Cases Argued Twice
The cases first came to the high court in 1952 on appeal from
rulings of lower Federal courts, handed down in 1951 and 1952. Arguments
were heard on December 9-10, 1952.
Unable to reach decision, the Supreme Court ordered rearguments
in the present term and heard the cases for the second time on December
7-8 last year.
Since then, each decision day has seen the courtroom packed with
spectators awaiting the ruling. That was true today, though none
except the justices themselves knew it was coming down. Reporters
were told before the court convened that it "looked like a
quiet day."
Three minor opinions had been announced, and those in the press
room had begun to believe the prophesy when Banning E. Whittington,
the court's press information officer, started putting on his coat.
"Reading of the segregation decisions is about to begin in
the court room," he said. "You will get the opinions up
there."
The courtroom is one floor up, reached by a long flight of marble
steps. Mr. Whittington led a fast moving exodus. In the courtroom,
Chief Justice Warren had just begun reading.
Each of the Associate Justices listened intently. They obviously
were aware that no court since the Dred Scott decision of March
6, 1857, had ruled on so vital an issue in the field of racial relations.
Dred Scott was a slave who sued for his freedom on the ground
that he had lived in a territory where slavery was forbidden. The
territory was the northern part of the Louisiana Purchase, from
which slavery was excluded under the terms of the Missouri Compromise.
The Supreme Court ruled that Dred Scott was not a citizen who
had a right to sue in the Federal courts, and that Congress had
no constitutional power to pass the Missouri Compromise.
Thurgood Marshall, the lawyer who led the fight for racial equality
in the public schools, predicted that there would be no disorder
and no organized resistance to the Supreme Court's dictum.
He said that the people of the South, the region most heavily
affected were law-abiding and would not "resist the Supreme
Court."
Association Calls Meetings
Mr. Marshall said that the state presidents of the National Association
for the Advancement of the Colored People would meet next week-end
in Atlanta to discuss further procedures.
The Supreme Court adopted two of the major premises advanced by
the Negroes in briefs and arguments presented in support of their
cases.
Their main thesis was that segregation, of itself, was unconstitutional.
The Fourteenth Amendment, which was adopted July 28, 1868, was intended
to wipe out the last vestige of inequality between the races, the
Negro side argued.
Against this, lawyers representing the states argued that since
there was no specific constitutional prohibition against segregation
in the schools, it was a matter for the states, under their police
powers, to decide.
The Supreme Court rejected the "states rights" doctrine,
however, and found all laws ordering or permitting segregation in
the schools to be in conflict with the Federal Constitution.
The Negroes also asserted that segregation had a psychological
effect on pupils of the Negro race and was detrimental to the educational
system as a whole. The court agreed.
"Today, education is perhaps the most important function
of state and local governments," Chief Justice Warren wrote.
"Compulsory school attendance laws and the great expenditures
for education both demonstrate our recognition of the importance
of education in our democratic society. It is the very foundation
of good citizenship.
"In these days it is doubtful that any child may reasonably
be expected to succeed in life if he is denied the opportunity of
an education. Such an opportunity, where the state has undertaken
to provide it, must be made available to all on equal terms."
As to the psychological factor the high court adopted the language
of a Kansas court in which the lower bench held:
"Segregation with the sanction of the law, therefore, has
a tendency to retard the educational and mental development of Negro
children and to deprive them of some of the benefits they would
receive in a racially integrated school system."
1896 Doctrine Demolished
The "separate but equal" doctrine demolished by the
Supreme Court today, involved transportation, not education. It
was the case of Plessy v. Ferguson, decided in 1896. The court then
held that segregation was not unconstitutional if equal facilities
were provided for each race.
Since that ruling six cases have been before the Supreme Court,
applying the doctrine to public education. In several cases, the
court has ordered the admission to colleges and universities of
Negro students on the ground that equal facilities were not available
in segregated institutions.
Today, however, the court held the doctrine inapplicable under
any circumstances to public education.
This means that the court may extend its ruling from primary and
secondary schools to include state-supported colleges and universities.
Two cases involving Negroes who wish to enter white colleges in
Texas and Florida are pending before the court.
The question of "due process," also a clause in the
Fourteenth Amendment, had been raised in connection with the state
cases as well as the District of Columbia.
The High Court held, however, that since it had ruled in the state
cases that segregation was unconstitutional under the "equal
protection" clause, it was unnecessary to discuss "whether
such segregation also violates the due process clause of the Fourteenth
Amendment."
However, the "due process" clause of the Fifth Amendment
was the core of the ruling in the District of Columbia case. "Equal
protection" and "due process," the court noted, were
not always interchangeable phrases.
Liberty Held Deprived
Liberty under law extends to the full range of conduct which an
individual is free to pursue, and it cannot be restricted except
for a proper governmental objective," Chief Justice Warren
asserted.
"Segregation in public education is not reasonably related
to any proper governmental objective, and thus it imposes on Negro
children of the District of Columbia a burden that constitutes an
arbitrary deprivation of their liberty in violation of the due process
clause."
Two principal surprises attended the announcement of the decision.
One was its unanimity. There had been reports that the court was
sharply divided and might not be able to get an agreement this term.
Very few major rulings of the court have been unanimous.
The second was the appearance with his colleagues of Justice Robert
H. Jackson. He suffered a mild heart attack on March 30. He left
the hospital last week-end and had not been expected to return to
the bench this term which will end on June 7.
Perhaps to emphasize the unanimity of the court, perhaps from
a desire to be present when the history-making verdict was announced,
Justice Jackson was in his accustomed seat when the court convened.
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A High School in Little Rock in 1957
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Related Websites
www.harvard.edu
www.yale.edu
www.nhps.org
www.unesco.org
www.edweek.org
www.nea.org
www.nd.edu
www.ies-ed.com
www.pbs.org/publicschool
www.aenc.org
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