Congressional funding incentives, not Brown alone, produced Southern school desegregation.

Evidence

Congress’s enactment of the Civil Rights Act of 1964 “represented a gathering and coalescence of the [national] will on the whole question of Southern school segregation.” Title II of the act authorized the Department of Justice to sue “for the orderly achievement of desegregation in public education.” This relieved the NAACP Legal Defense Fund of much of the burden and expense of litigating desegregation, and it effectively undercut the Southern strategy of deterring desegregation suits by attacking civil rights organizations. Title VI of the act prohibited the dispersal of federal funds to units of government, including school districts, that practiced racial discrimination. This provision became important with the passage of the Elementary and Secondary Education Act (ESEA) in 1965. ESEA established a program of federal financial aid to school districts, and, given the poverty in many Southern states, their districts stood to benefit from the aid program. However, if a school district refused to desegregate, its federal funds could be cut off. Thus, if the Civil Rights Act proffered the stick of federal enforcement, ESEA offered the carrot of federal inducements. — G. Alan Tarr, Judicial Process and Judicial…, 1550

Categorization

  • XREF: Connects to course treatment of separation of powers and how courts depend on other branches for efficacy. — connects to: Public opposition can drive the Supreme Court to retreat from its own remedies. — G. Alan Tarr, Judicial Process and Judicial…, 1566; After Roe the Court stayed active policing abortion law, unlike after Brown. — G. Alan Tarr, Judicial Process and Judicial…, 1621; Only congressional intervention, not Brown alone, desegregated Southern schools (+6 more)

Broader Connections