[Congressional Record Volume 150, Number 69 (Monday, May 17, 2004)]
[Senate]
[Pages S5503-S5504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       50TH ANNIVERSARY OF BROWN VS. BOARD OF EDUCATION OF TOPEKA

  Mr. McCONNELL. Madam President, I rise this morning to mark the 50th 
Anniversary of the Supreme Court's historic decision in the case of 
Brown vs. Board of Education of Topeka.
  As I stand at my desk on the Senate floor, my eyes are often drawn to 
the inscription etched in marble directly above the rostrum.
  The inscription reads, ``E Pluribus Unum.'' Translated into English, 
this means, ``out of many, one.'' The founding fathers selected ``E 
Pluribus Unum'' to signify the union of our thirteen original colonies 
into a single cohesive nation--the United States of America. They 
understood that America's future success, and indeed our strength, 
would be enhanced through this union.
  As our Nation grew in size, population, and diversity, our national 
motto took on greater meaning.
  Today, ``E Pluribus Unum'' reminds us that America is home to a 
collection of individuals of all races, creeds, and backgrounds. These 
individuals together make up America's strength and majesty.
  I do not believe the architects of this hallowed chamber etched these 
words into such a prominent place by accident. As you know, Senate 
rules require every Senator to engage in debate--no matter how heated 
or contentious--through the presiding officer. These three words, ``E 
Pluribus Unum,'' inscribed directly above the presiding officer serve 
to remind us

[[Page S5504]]

that regardless of the differences that may divide this body on a given 
day, we will emerge united as a Senate and united as a Nation.
  As columnist George Will noted, we are ``a nation defined by our 
unum, not our pluribus.''
  Yet, tragically, for much of our Nation's history, millions of 
African-Americans were excluded from fully participating in our 
democracy--first by slavery, and later through a system of State-
sponsored segregation.
  This system of legalized segregation was sanctioned by the Supreme 
Court case Plessy vs. Ferguson and its doctrine allowing for 
``separate, but equal'' public accommodations, including schools.
  It is with some pride that I note that a Kentuckian, Associate 
Justice John Marshall Harlan, was the lone dissenting voice on the 
Court in the Plessy case. In his stinging dissent, Justice Harlan 
argued:

       Our Constitution is color blind and neither knows nor 
     tolerates classes among citizens . . . the destinies of the 
     two races are indissolubly linked together, and the interests 
     of both require the common government of all shall not permit 
     the seeds of race hate to be planted under the sanction of 
     the law.

  Justice Harlan also noted, ``the judgment this day rendered will, in 
time, prove to be quite as pernicious as the decision made by this 
tribunal in the Dred Scott case''--referring to the case right before 
the Civil War.
  Justice Harlan's words proved prophetic as more and more Americans 
grew to understand that a nation forcibly separated by law could never 
fully realize its destiny as a beacon of freedom, nor truly live up to 
its motto, ``E Pluribus Unum.''
  By denying African-American children the equal opportunity to attend 
the same schools as their fellow citizens, States denied these children 
the opportunity to fully participate economically, socially, or 
politically in our society as adults.
  Fifty years ago this morning, the Supreme Court agreed when it ruled 
in favor of the plaintiffs in Brown vs. Board of Education of Topeka. 
Simply, yet eloquently, a unanimous Supreme Court found, ``We conclude 
that in the field of public education the doctrine 'separate but equal' 
has no place. Separate educational facilities are inherently unequal.'' 
The Court later directed the States to move forward with desegregation 
``with all deliberate speed.''
  In 1954, Kentucky had already begun taking the first small steps 
towards integrating the State's schools. While the State's elementary 
and secondary schools remained segregated in 1954, Kentucky had begun 
chipping away at our state's infamous 1904 ``Day Law,'' which mandated 
racial segregation in public education.
  On the day following the decision, the Louisville Courier-Journal 
noted, ``The Supreme Court, in a decision marked by reason and 
restraint, has enunciated a doctrine of morality.''
  Madam President, it is fitting and appropriate that we mark the 50th 
Anniversary of the Brown decision. However, we must also understand 
that while Brown opened the schoolhouse doors to all children, it could 
not guarantee that every child, regardless of race, receives a high 
quality education.
  That task has been left to the generations that have followed.
  In the years since, educators have documented an unsettling and 
persistent achievement gap between minority and non-minority students. 
A similar gap exists between poor and non-poor students.
  For example, in my home state of Kentucky minority students are much 
less likely to read proficiently at grade level than their non-minority 
counterparts. Similar results have been documented nationally.
  For decades, the Federal Government spent countless billions with the 
goal of eliminating the achievement gap but without demanding any real 
accountability for improving results. Since no results were demanded, 
none were forthcoming.
  From 1965 to 2001, the Federal Government spent more than $150 
billion to address the achievement gap. Total education spending 
doubled during that period from 1965 to 2001, even after accounting for 
inflation. Yet during most of this period, reading and math scores 
remained flat. If funding were the problem, we would have solved the 
achievement gap years ago.
  During this period too many Americans came to accept the achievement 
gap as the inevitable result of a student's environment or believe the 
erroneous claim that a certain percentage of students will not ever be 
able to meet even basic standards in reading and math. All too often, 
schools just passed these students along from grade to grade through 
social promotion policies. While the schools may not have failed 
students on their report cards, they failed to prepare them for life's 
challenges.
  In his 2000 Presidential campaign, then-Governor Bush described this 
mistaken attitude as ``the soft bigotry of low expectations.'' 
Following his election, the President moved quickly with leaders in 
both parties to attack the achievement gap and enact the No Child Left 
Behind law.
  This historic legislation is grounded in the simple principle that 
every child can learn and that no child should be left behind. It 
recognizes the fundamental importance of reading for all children. As 
the President has explained, ``Literacy is liberation. . . . The 
ability to read is what turns a child into a student. First we learn to 
read, and then we read to learn.''
  The law sets high standards for all groups of students, and then 
holds schools accountable for improving academic achievement across the 
board. For the first time, the No Child Left Behind Act requires States 
to examine not only an entire school's progress but also the progress 
of subgroups of students within a school to make sure we do not give up 
on any child, regardless of their color, language, or economic 
circumstance.
  If any of these subgroups is not meeting the school's goal of 
adequate yearly progress, then the whole school has failed to meet its 
goals. The days of spending and education without accountability are 
over. Setting high standards for all our students is critical to 
ensuring that every single child receives an equal opportunity for a 
quality education.
  In writing for the unanimous court in the Brown decision, Chief 
Justice Warren noted:

       In these days, it is doubtful that any child may reasonably 
     be expected to succeed in life if he is denied the 
     opportunity of an education.

  Those words were never more accurate than they are today. While we 
mark the 50th anniversary of the historic Brown decision to opening 
America's schools to all children, we must also remember that ensuring 
every child receives a quality education is the ongoing responsibility 
for each generation of leaders that follows.
  Madam President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Wyoming.
  Mr. THOMAS. I thank the Chair. Madam President, I certainly agree 
with my friend from Kentucky that there is nothing more important than 
for us to ensure that our education system is accountable, is working 
well, and is fair to all students.

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