[Congressional Record Volume 145, Number 72 (Tuesday, May 18, 1999)]
[House]
[Pages H3271-H3273]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    RECOGNIZING THE HISTORICAL SIGNIFICANCE OF THE SUPREME COURT'S 
           UNANIMOUS DECISION IN BROWN V. BOARD OF EDUCATION

  Mr. PEASE. Mr. Speaker, I ask unanimous consent that the Committee on 
the Judiciary be discharged from further consideration of the 
resolution (H. Res. 176) recognizing the historical significance of the 
Supreme Court's unanimous decision in Brown v. Board of Education, 
repudiating segregation, and reaffirming the fundamental belief that we 
are all ``one Nation under God, indivisible,'' and ask for its 
immediate consideration in the House.
  The Clerk read the title of the resolution.

[[Page H3272]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  Mr. THOMPSON of Mississippi. Mr. Speaker, reserving the right to 
object, and I will not object, Mr. Speaker, House Resolution 176 simply 
recognizes the historical significance of the Supreme Court unanimous 
decision in Brown vs. Board of Education repudiating segregation and 
reaffirming the fundamental belief that we are all one Nation, under 
God, indivisible.
  One such person was Linda Brown. In 1951, this little girl was in the 
third grade. Although there was an elementary school seven blocks from 
her house, young Linda was forced to walk over 1 mile to another 
elementary school. The reason to make a little girl walk through a 
railroad switchyard on her way to school? She was black, and the school 
located 7 blocks from her house was for white students only.

                              {time}  2045

  Many years ago, George Santayana wrote, ``Those who cannot remember 
the past are condemned to repeat it.'' Because I revere the warning 
contained in these precedent words today, 45 years later, I am 
introducing a resolution to recognize the historical significance of 
the Supreme Court's decision in Brown v. Board of Education.
  In 1954, the United States Supreme Court in a unanimous decision 
voted to strike down segregation laws in public schools and upheld the 
equal protection laws guaranteed to all Americans by the Fourteenth 
Amendment of the United States Constitution.
  Mr. Speaker, further reserving my right to object, I yield to the 
gentlewoman from Ohio (Mrs. Jones).
  Mrs. JONES of Ohio. Mr. Speaker, I would like to thank the gentleman 
from Mississippi (Mr. Thompson) for this opportunity to be heard.
  Mr. Speaker, I rise in support of the resolution with regard to Brown 
v. Board of Education. In 1954, I was 5 years old, attending the 
Cleveland public schools. Forty-five years later, I stand here blessed 
to be able to speak in favor of Brown v. Board of Education.
  The desegregation order provided many opportunities for African-
American people in this country, even though as we stand today in many 
cities across this country desegregation and busing orders destroyed 
many of the neighborhood school systems.
  I had a chance to attend Cleveland public schools and was prepared 
for what I do now, law school and public office.
  I celebrate people like Thurgood Marshall, late Justice Thurgood 
Marshall. I celebrate Dean Charles Houston of the Howard University Law 
School wherein he taught young African-American lawyers that it was 
important not to be a parasite on the community but to be a spokesman 
for justice.
  I celebrate Nathaniel Jones, retired Sixth Circuit judge who worked 
on these cases, and James Hardiman, an attorney who represented young 
people in the Cleveland Board of Education desegregation.
  As we stand here today, it is important to remember history, as the 
gentleman from Mississippi (Mr. Thompson) had previously said, and we 
need to stand here and celebrate the importance of equal rights for 
all.
  Mr. THOMPSON of Mississippi. Mr. Speaker, further reserving the right 
to object, I yield to the gentleman from Alabama (Mr. Hilliard).
  Mr. HILLIARD. Mr. Speaker, I am indeed privileged to be here to 
discuss and to support this resolution. The Supreme Court, when it 
struck down Plessy v. Ferguson, a decision that was made by a 
constitutional court in 1896 as being unconstitutional, it was a lethal 
blow for Jim Crow, for segregation, as well as for discrimination.
  But it also was a blow for democracy because it started the snowball 
that has gathered strength and force as it has continued to roll over 
the forces, the dark forces of evil, the dark forces of segregation, 
and the dark forces of discrimination.
  Even though we have come a long ways from the decision in Plessy v. 
Ferguson as announced in the decision of Brown v. The Board of 
Education, we still have many more miles to go.
  Unless all of us realize that in America no one is free until all of 
us are free, until we all realize that we still have people that do not 
believe in freedom for everyone, that we still have people gunning down 
people because of the color of their skin or because of their race, we 
still have ethnic cleansing in places all over the world just because 
someone is different.
  So this resolution comes at a very important time, not only in the 
history of America but in the history of this world. So I am indeed 
happy that the gentleman from Mississippi (Mr. Thompson) brought forth 
this resolution, and I support it, and I support him in what he is 
doing.
  Mr. THOMPSON of Mississippi. Mr. Speaker, further reserving my right 
to object, I yield to the gentleman from Illinois (Mr. Rush).
  Mr. RUSH. Mr. Speaker, I want to begin by commending the gentleman 
from Mississippi (Mr. Thompson) for his outstanding work on behalf of 
this particular resolution but also on the outstanding work that he has 
performed on behalf of the citizens of this Nation throughout his 
tenure here in the Congress.
  Mr. Speaker, 45 years ago, the U.S. Supreme Court issued a ruling in 
the Brown v. Board of Education case that literally changed the course 
of American history. They ruled that separate is inherently unequal.
  Today, 45 years later, separate is still unequal, and it is our 
responsibility as this Nation's lawmakers to make sure that we never 
ever allow laws or policies to exist that will threaten to take us back 
to those dark days of Americans and American history.
  So today, as we commemorate the Brown v. Board of Education 
decisions, let us as Members of this body recommit ourselves to keeping 
alive the spirit of the historic ruling.
  Again, Mr. Speaker, I want to commend the maker of this particular 
resolution for his outstanding work on behalf of this resolution.
  Mr. THOMPSON of Mississippi. Mr. Speaker, further reserving my right 
to object, it is my pleasure to yield to the gentleman from the State 
of Maryland (Mr. Hoyer).
  Mr. HOYER. Mr. Speaker, I thank the distinguished gentleman from 
Mississippi and great leader of this House for yielding to me.
  Mr. Speaker, I was 15 years of age, I was in high school at Suitland 
High School, just about 15 minutes from where we stand; that school was 
a segregated school. The county was segregated. I represent a district 
where all the schools were segregated at that point in time.
  My generation was a generation, or my cohorts, slightly older than 
the President, slightly older than those in their early 50s now. For 
them, the Vietnam War was a central compelling fact in their life. For 
me, it was the civil rights movement of the 1950s. Rosa Parks showed so 
much courage. Martin Luther King had a dream. He conveyed that dream to 
all of us.
  But I rise not only as a member of that generation but as also 
somebody from the State of Maryland. The reason a Marylander rises is 
because Thurgood Marshall is one of Maryland's most honored sons.
  Thurgood Marshall, as all of my colleagues know, was a member of the 
Supreme Court of the United States. There is a statue now between the 
Capitol and the Governor's mansion of Thurgood Marshall in testimony 
to, not only his service to the United States as a Justice on the 
Supreme Court, but also the role, the very central role that he played 
in Brown v. Board of Education as counsel.
  For those seeking justice in America, for those seeking an open door 
to opportunity, it is ironic that we just read in the papers about 
Thomas Jefferson's family and who is a part of that family. It is 
really a metaphor for America, because all of those individuals are 
members of the family.
  Jefferson said in the Declaration of Independence that this Nation 
was founded on the premise that all men, and indeed he would have added 
today women, are created equal and that we honored each one of them and 
that they would do equal justice under law.
  Maryland, unfortunately, not unfortunately, he was great in many 
ways, but a captive of his times perhaps, is home to Roger Brook Taney. 
His statue stands right outside the Supreme Court. He was the author 
of, of course, the Dred Scott decision. Two Marylanders, two different 
conclusions; one in my opinion wrong, one right.
  It is appropriate that we honor this historic case. I thank my 
colleagues for

[[Page H3273]]

allowing me to join in in saying that Brown v. Board of Education was 
nine justices saying that America, as Martin Luther King had said in 
1963, needs to live out the realities of that which it claims to be its 
creed, equal justice under law for all its citizens, in their diversity 
and in their ability to add so substantively to the quality of this 
country.
  I am pleased on behalf of all of us who loved Thurgood Marshall, who 
believed that Brown v. Board of Education led us to a new and better 
day and who recognized that the central premise of Brown v. Board of 
Education is still at question today.
  It is important that we stand and speak out for an America that 
believes that every one of us is due respect which God endowed in us, 
not the state, not our fellow citizens, endowed by their creator with 
certain inalienable rights; and among these are life, liberty, and the 
pursuit of happiness.
  I thank the gentleman from Mississippi (Mr. Thompson) for giving me 
this opportunity to join him in noting the historic contribution made 
by Brown v. Board of Education and the courageous and able people who 
saw it to the Supreme Court through some very difficult times and to 
whom this country owes us a great debt.
  Mr. THOMPSON of Mississippi. Mr. Speaker, further reserving the right 
to object, there are some other individuals who would like to speak on 
this; however, in the interest of time, let me indicate that they are 
in full support of the resolution: the gentleman from Illinois (Mr. 
Davis), the gentleman from South Carolina (Mr. Clyburn), and the 
gentleman from Maryland (Mr. Cummings) also.
  But what I would like to say in conclusion, Mr. Speaker, is that in 
submitting this legislation is to remind all of us that we have a moral 
obligation to purge the diverse evils of racism out of the fabric of 
harmony, justice, and equality that is our share of the American 
legacy. We have a responsibility to not only remember the past, but to 
learn from it.
  I also would like to thank the gentleman from Indiana (Mr. Pease) for 
allowing me to come and present this resolution at this time.
  Mr. DAVIS of Illinois. Mr. Speaker, I rise in support of the 
resolution to commemorate the 45th anniversary of Brown versus Board of 
Education.
  Mr. Speaker, I believe century that is now ending began with a 
proclamation by W.E.B. Du Bois ``The problem of the twentieth century 
is the problem of the color line.'' I believe many people would not 
dispute this.
  As I stand before this body in honor of the 45th anniversary of Brown 
versus Board of Education, I have been constantly reminded of what Mr. 
Dubois meant. The haunting acts of church burnings, police brutality, 
and the grave disparities in criminal executions have made it hard to 
forget.
  As a result, some people feel the policies that were put into place 
to solve the race problem have failed. I believe they have failed not 
as a result of flawed policies, rather it is the individuals who 
implement them that are flawed.
  For instance, common sense dictates that when one third of young 
African American males are either in prison, on parole or under 
correctional supervision, liberty's blind justice has been distributed 
with one open eye. We must remind ourselves that America will not 
prosper if a large segment of population sees that they have no stake 
in it. In 1954, the Supreme Court understood this and corrected the 
horrid decisions of 1896 when Plessy versus Fergusion was written.
  However, in the aftermath of that decision, the progress of America 
has slowed largely because some individuals feel we no longer need to 
provide resources and support to help people help themselves. This is 
nothing new. Frederick Douglass, years ago warned Congress of the 
potential for what he called the ``de facto re-enslavement of African 
Americans.'' He, said, ``Should the South's antebellum political system 
remain intact America will indirectly renslave African Americans. 
Recognizing this injustice, Douglass further urged Congress to pass a 
civil-rights amendment affirming the equality of blacks and whites in 
the United States. Douglass recognized then, what as we recognize today 
that this country must bear the responsibility to actively change the 
structures that constrain Aftican Americans.
  Mr. Speaker I and the other members here today understand, like 
Douglass, the necessity of government backed decisions to help 
encourage the will of America to respond positively to the structures 
that constrain African American. This resolution does just that. I 
agree Congress must recognize the historical significance of the 
Supreme Court's unanimous decision in Brown versus Board of Education. 
This is why I have joined In signing this important resolution and urge 
all members to do the same.
  Mr. PAYNE. Mr. Speaker, today I rise in support of this resolution to 
commemorate the historic decision of Brown versus the Board of 
Education. This landmark court decision ended years of the separate but 
unequal education of African American students in the United States. It 
also played a role in instigating the larger Civil Rights Movement. 
This decision is a prime example of how one person who sees an 
injustice can use our legal system to make that situation more 
tolerable.
  Oliver Brown was distressed that his young daughter had to walk 
across town and over dangerous railroad tracks to attend school when a 
perfectly adequate school sat just blocks from their home. Rather than 
accepting the status quo Oliver Brown took matters in his own hands and 
sued the school system that refused to let his daughter attend the 
neighborhood school because she was black.
  Mr. Brown is an example to all parents and citizens in the United 
States. When injustices occur it often is our response to accept it and 
move on. Progress has never occurred using that philosophy. I ask our 
parents to become involved in their children's education. If you see 
problems with your schools or problems with the police in your town or 
neighborhood--speak out against these injustices.
  While the laws that created segregation and discrimination have been 
lifted, these terrible acts still occur. We must make our voices be 
heard and let the United States government know that we will not 
tolerate de facto segregation and discrimination anywhere in this 
nation, not in our schools, not in our government, not in our workplace 
and not on our highways or in our police stations.
  We must take the commemoration of this landmark legal decision which 
sparked the beginning of the end of legal separate but equal laws and 
use it to end the segregation and discrimination that still exists in 
our country today.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I withdraw my reservation 
of objection.
  The SPEAKER pro tempore (Mr. Shimkus). Is there objection to the 
request of the gentleman from Indiana?
  There was no objection.
  The Clerk read the resolution, as follows:

                              H. Res. 176

       Whereas in 1951 Linda Brown was a third-grader and an 
     African-American who was forced to endure hardships such as 
     walking a mile through a railroad switchyard to get to her 
     black elementary school, even though a white elementary 
     school was only 7 blocks away;
       Whereas the Reverend Oliver Brown, Linda Brown's father, 
     was turned away when he tried to register his daughter at the 
     nearby white school, simply because the little girl was 
     black;
       Whereas Thurgood Marshall, special counsel for the NAACP 
     Legal Defense Fund and a protege of Howard University Law 
     Professor Charles Houston, successfully argued that the 
     ``separate but equal'' doctrine, established by the Supreme 
     Court in its Plessy v. Ferguson decision in 1896, was 
     unconstitutional;
       Whereas Chief Justice Earl Warren read aloud, from the 
     Court's unanimous decision: ``We come then to the question 
     presented: Does segregation of children in public schools 
     solely on the basis of race, even though the 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. . . . We conclude 
     that in the field of public education the doctrine of 
     `separate but equal' has no place. Separate educational 
     facilities are inherently unequal. Therefore, we hold that 
     the plaintiffs and others similarly situated for whom the 
     actions have been brought are, by reason of the segregation 
     complained of, deprived of the equal protection of the laws 
     guaranteed by the Fourteenth Amendment'';
       Whereas the Brown v. Board of Education decision struck a 
     pivotal blow against Jim Crow laws, as well as the dark 
     forces of racism and segregation; and
       Whereas the interaction of students of all races promotes 
     better understanding and the acceptance of racial 
     differences: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) recognizes the historical significance of the Supreme 
     Court's unanimous decision in Brown v. Board of Education;
       (2) heralds this watershed in our shared history as a 
     significant advancement of the most basic American principles 
     of freedom, justice, and equality under the law; and
       (3) repudiates racial segregation as antithetical to the 
     noble ideals upon which this great Nation was founded, and 
     reaffirms the fundamental belief that we are all ``one Nation 
     under God, indivisible.''

  The resolution was agreed to.
  A motion to reconsider was laid on the table.




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