Essay by Herbert Brownell
As the 1950s opened, the civil rights struggle in the United States had reached a crucial point. President Truman, in the 1948 presidential campaign, openly broke with Democratic political leaders in the South and, after re-election, appointed a commission to recommend a federal civil rights program. The commission's recommendations were ignored by Congress even though it was controlled by Democrats. I say that the recommendations were ignored, but it would be more accurate to say that a Senate filibuster blocked Congressional action on civil rights altogether. During the New Deal years, civil rights legislation had been blocked thirteen times by Senate filibusters. Thus, there was a stalemate in the legislative branch. In the executive branch, no action had been taken to desegregate federally-controlled District of Columbia, although desegregation had begun in the armed forces during World War II. In the judicial branch the doctrine of Plessy v. Ferguson prevailed, condoning segregation, and giving assurance to southern political leaders that they could maintain laws separating white and black people.
About the Author
Herbert Brownell. This memoir is an adaptation of the 27th George Abel Dreyfous Lecture given at Tulane Law School, April 7, 1994. Mr. Brownell served as United States Attorney General from 1953 to 1957.
Citation
69 Tul. L. Rev. 781 (1995)