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Thurgood & LBJ

Thurgood Marshall was America's leading radical. He led a civil rights revolution in the 20th century that forever changed the landscape of American society. But he is the least well known of the three leading black figures of this century. Martin Luther King Jr., with his preachings of love and non-violent resistance, and Malcolm X, the fiery street preacher who advocated a bloody overthrow of the system, are both more closely associate in the popular mind and myth with the civil rights struggle. But it was Thurgood Marshall, working through the courts to eradicate the legacy of slavery and destroying the racist segregation system of Jim Crow, who had an even more profound and lasting effect on race relations than either of King or X.

Tm15icoIt was Marshall who ended legal segregation in the United States. He won Supreme Court victories breaking the color line in housing, transportation and voting, all of which overturned the 'Separate-but-Equal' apartheid of American life in the first half of the century. It was Marshall who won the most important legal case of the century, Brown v. Board of Education, ending the legal separation of black and white children in public schools. The success of the Brown case sparked the 1960s civil rights movement, led to the increased number of black high school and college graduates and the incredible rise of the black middle-class in both numbers and political power in the second half of the century.

And it was Marshall, as the nation's first African-American Supreme Court justice, who promoted affirmative action -- preferences, set-asides and other race conscious policies -- as the remedy for the damage remaining from the nation's history of slavery and racial bias. Justice Marshall gave a clear signal that while legal discrimination had ended, there was more to be done to advance educational opportunity for people who had been locked out and to bridge the wide canyon of economic inequity between blacks and whites.

He worked on behalf of black Americans, but built a structure of individual rights that became the cornerstone of protections for all Americans.  He succeeded in creating new protections under law for women, children, prisoners, and the homeless. Their greater claim to full citizenship in the republic over the last century can be directly traced to Marshall. Even the American press had Marshall to thank for an expansion of its liberties during the century.

Marshall's lifework, then, literally defined the movement of race relations through the century. He rejected King's peaceful protest as rhetorical fluff that accomplished no permanent change in society. And he rejected Malcolm X's talk of violent revolution and a separate black nation as racist craziness in a multi-racial society.

The key to Marshall's work was his conviction that integration -- and only integration -- would allow equal rights under the law to take hold. Once individual rights were accepted, in Marshall's mind, then blacks and whites could rise or fall based on their own ability.

Marshall's deep faith in the power of racial integration came out of a middle class black perspective in turn of the century Baltimore. He was the child of an activist black community that had established its own schools and fought for equal rights from the time of the Civil War. His own family, of an interracial background, had been at the forefront of demands by Baltimore blacks for equal treatment. Out of that unique family and city was born Thurgood Marshall, the architect of American race relations in the twentieth century.

After Marshall died in 1993 there was still no authoritative, thorough account of his life and the impact his work had on the nation. The combination of his reclusiveness and his standing in popular culture as an elderly, establishment figure blinded much of the nation to the importance of Marshall's work. Young people were especially uninformed about the critical role Marshall had played in making history.

 

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 Celebrating the 100th Anniversary of the birth of Thurgood Marshall

 

 

Born in Baltimore, Maryland on July 2, 1908, Thurgood Marshall was the grandson of a slave. His father, William Marshall, instilled in him from youth an appreciation for the United States Constitution and the rule of law. After completing high school in 1925, Thurgood followed his brother, William Aubrey Marshall, at the historically black Lincoln University in Chester County, Pennsylvania. His classmates at Lincoln included a distinguished group of future Black leaders such as the poet and author Langston Hughes, the future President of Ghana, Kwame Nkrumah, and musician Cab Calloway. Just before graduation, he married his first wife, Vivian "Buster" Burey. Their twenty-five year marriage ended with her death from cancer in 1955.

 

In 1930, he applied to the University of Maryland Law School, but was denied admission because he was Black. This was an event that was to haunt him and direct his future professional life. Thurgood sought admission and was accepted at the Howard University Law School that same year and came under the immediate influence of the dynamic new dean, Charles Hamilton Houston, who instilled in all of his students the desire to apply the tenets of the Constitution to all Americans. Paramount in Houston's outlook was the need to overturn the 1898 Supreme Court ruling, Plessy v. Ferguson which established the legal doctrine called, "separate but equal." Marshall's first major court case came in 1933 when he successfully sued the University of Maryland to admit a young African American Amherst University graduate named Donald Gaines Murray. Applauding Marshall's victory, author H.L. Mencken wrote that the decision of denial by the University of Maryland Law School was "brutal and absurd," and they should not object to the "presence among them of a self-respecting and ambitious young Afro-American well prepared for his studies by four years of hard work in a class A college."

Thurgood Marshall followed his Howard University mentor, Charles Hamilton Houston to New York and later became Chief Counsel for the National Association for the Advancement of Colored People (NAACP). During this period, Mr. Marshall was asked by the United Nations and the United Kingdom to help draft the constitutions of the emerging African nations of Ghana and what is now Tanzania. It was felt that the person who so successfully fought for the rights of America's oppressed minority would be the perfect person to ensure the rights of the White citizens in these two former European colonies. After amassing an impressive record of Supreme Court challenges to state-sponsored discrimination, including the landmark Brown v. Board decision in 1954, President John F. Kennedy appointed Thurgood Marshall to the U.S. Court of Appeals for the Second Circuit. In this capacity, he wrote over 150 decisions including support for the rights of immigrants, limiting government intrusion in cases involving illegal search and seizure, double jeopardy, and right to privacy issues. Biographers Michael Davis and Hunter Clark note that, "none of his (Marshall's) 98 majority decisions was ever reversed by the Supreme Court." In 1965 President Lyndon Johnson appointed Judge Marshall to the office of U.S. Solicitor General. Before his subsequent nomination to the United States Supreme Court in 1967, Thurgood Marshall won 14 of the 19 cases he argued before the Supreme Court on behalf of the government. Indeed, Thurgood Marshall represented and won more cases before the United States Supreme Court than any other American.

Until his retirement from the highest court in the land, Justice Marshall established a record for supporting the voiceless American. Having honed his skills since the case against the University of Maryland, he developed a profound sensitivity to injustice by way of the crucible of racial discrimination in this country. As an Associate Supreme Court Justice, Thurgood Marshall leaves a legacy that expands that early sensitivity to include all of America's voiceless. Justice Marshall died on January 24, 1993.

 

A Thurgood Marshall timeline: provided by A Deeper Shade of Black .

 

1930

Mr. Marshall graduates with honors from Lincoln U. (cum laude)

1933

Receives law degree from Howard U. (magna cum laude); begins private practice in Baltimore

Receives law degree from Howard U. (magna cum laude); begins private practice in Baltimore

1934

Begins to work for Baltimore branch of NAACP

1935

With Charles Houston, wins first major civil rights case, Murray v. Pearson

1936

Becomes assistant special counsel for NAACP in New York

1940

Wins first of 29 Supreme Court victories (Chambers v. Florida)

1944

Successfully argues Smith v. Allwright, overthrowing the South's "white primary"

1948

Wins Shelley v. Kraemer, in which Supreme Court strikes down legality of racially restrictive covenants

1950

Wins Supreme Court victories in two graduate-school integration cases, Sweatt v. Painter and McLaurin v. Oklahoma State Regents

1951

Visits South Korea and Japan to investigate charges of racism in U.S. armed forces. He reported that the general practice was one of "rigid segregation".

1954

Wins Brown v. Board of Education of Topeka, landmark case that demolishes legal basis for segregation in America

1961

Defends civil rights demonstrators, winning Supreme Circuit Court victory in Garner v. Louisiana; nominated to Second Court of Appeals by President J.F. Kennedy

1961

Appointed circuit judge, makes 112 rulings, all of them later upheld by Supreme Court (1961-1965)

965

Appointed U.S. solicitor general by President Lyndon Johnson; wins 14 of the 19 cases he argues for the government (1965-1967)

1967

Becomes first African American elevated to U.S. Supreme Court (1967-1991)

1991

Retires from the Supreme Court

1993

Dies at 84

Source: This biography is provided by Thurgood Marshall College.


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