Civil Rights or Civil Wrongs?

Abstract

Although the Declaration of Independence stated that “[a]ll men are created equal,” due to the institution of slavery, this statement was not to be grounded in law in the U.S until after the Civil War. Often, American blacks looked to the courts to protect important social values and when the courts ruled in favor, there was always a backlash and resistance to judicial fiat. This paper makes a historical analysis of the South’s response to judicial social change. For instance, when Brown v. Board of Education of Tepeka was decided in 1954, school boards in portions of the country actively resisted the court mandated school integration. Thus, the paper argues that social change should be a gradual process and not a forced enterprise by the courts or indeed, any governmental structure since an assertive judiciary can spark a political and cultural backlash that may hurt, more than help, progressive values.