For its white students. Maryland provides no law school for its black students. They dont have one. So until maryland builds a law school for its black students and builds an equal lawsuit for its black students, maryland must allow black applicants who are qualified to attend the university of maryland. Houston marshall assured the trial judge were asking you to enforce plessey versus ferguson. Theres no separate school. They put on the witnesses who agreed with the simple fact is there a law school for negro students in maryland . No, theres no. Thank you very much. Is there a law school for white students . Yes, there is. Thank you. The only way to equalize them was to allow the black students into the university of maryland. Until they build the law school for black students, to the shock of everyone including houston and marshall, the trial judge issued his ruling from the bench and said youre right. Theres no law school for black students. The law is clear. Therefore, mr. Murray, youre admitted to the university of Maryland Law School. The appeals went through. Houston and marshall prevailed. Donald murray graduated from the university of Maryland Law School in three years and had a long and successful career in baltimore and other africanamericans matriculated into the university of Maryland Law School after that. Keep in mind, were talking about 1936. 1936 this has happened. Its an amazing accomplishment, an amazing development. Africanamericans were so excited by it, they thought segregation was going to end in short order that charlie houston had to write an editorial in the naacp paper called dont shout too soon because there was so much euphoria in the black community. Charlie houston knew there was a long road ahead. He knew it would be some time before africanamericans could apply to law schools, colleges and one day go to Elementary Schools of their own choosing. So he said shout if you want, but dont shout too soon. He knew they needed federal precedent. The maryland case was only good law in maryland. They did not go to the Supreme Court of the United States. They needed a federal precedent. They found it in missouri a few years later. Lloyd gains, another promising young man, applied to the university of missouri law school. He was denied on account of his race and they said we will contribute to your tuition to go out of state. Ment the three took on lloyd gaines case. It made its way to the Supreme Court of the United States. They could put their strategy to the test of saying to the justices there is no law school for black students. So there is no separate but equal. We dont reach the question of equality. Because theres no separate. Theres nothing there. Theres nowhere for them to go. Because this is a personal right. The 14th amendment is a personal right that each individual, each american citizens enjoys, you have to remedy it immediately. The only way to do that is to allow our client, mr. Gaines, to attend the university of missouri law school. The justices agreed. They said it is a personal right, the 14th amendment, and he should be allowed to attend the university of missouri law school. In a mysterious development, mr. Lloyd gaines disappeared. To this day, theres no record, no one, not even his own family knows what happened to him. There are numerous theorys. Some say he was murdered and buried. Others say he went to teach english in mexico. Theres a number of rumors, but no one knows. The naacp and houston and marshall had federal precedent that said if theres no other school for them to go to, you have to let them go here. Oklahoma wasnt having that. Oklahoma said we dont care what the Supreme Court of the United States said. We do not allow negroes to attend the university of oklahoma law school. They took up the case of a gifted young woman. They took the case back to the Supreme Court. By now, were up to 1948. The Supreme Court is getting irritated. The Washington Post described it as a hazing. They said the justices inflicted a hazing upon the council, the lawyers for the university of oklahoma asking why does this woman have to come all the way here to go to this law school when we issued this opinion 10 years ago . We told you you have to let her go and youre saying no . They decided, the justices, of course, decided you need to allow her into the university of oklahoma. Heres what oklahoma did. They allowed her into the classroom. She had to sit in the back of the class beneath a huge banner that said colored students section. She had to eat at a table that was only for her that said colored dining table. In the library, there was only one table. There was a colored students section in the library. This was noxious, but it was stepping exactly into i dont want to say trap, but it was the trap laid by houston and marshall because they could move into the intangibles. We have a university in the classroom. She could hear every word. She could take all the notes she wants to take but shes under this banner, a badge saying that she is different than the other students. They decide now its time to turn a bit into the wind and attack plessey versus ferguson and say separate cannot be equal. They get their case with an excellent plaintiff, 68yearold man, had a masters degree, wanted a ph. D. Mr. Mccorn was at the university of oklahoma. Now we had a 68yearold man in a classroom with 20, 21yearold students he went to School Every Day in a suit. He has to sit there. He called it humiliating to sit beneath this banner, to eat at this one table at this specified time. He said its humiliating and hard for me to do my work. That case, along with another case out of texas, the human sweat case, those cases trundled forth to the Supreme Court, and on april 4th, 1950, the anniversary is coming up, on april 4th, 1950, the justices heard oral arguments. This time Thurgood Marshall asked them to overturn plessey. He said separate cannot be equal. The justices unanimously said youre right. Mr. Sweat, take that banner down. That offends the constitution. Mr. Marshall, we declined to reach the question they dont overturn it. Marshall said this is a decision replete with road marks. The path had been set. The foundation had been set. Everybody knew it. In texas in 1950 dollars, the Texas Legislature appropriated 3 million to build a law school for black students because the attorney general of texas said once they defeat segregation in the graduate schools, theyre coming for Elementary Schools. Thurgood marshall went to the university of texas and said this is no secret. This is what ive been trying to do. There was a huge, integrated rally. The white student who was a student leader got up and hit the microphone and thanked him for coming and said i have a big announcement. We signed the papers. Its official. We have an naacp chapter at all white universities at texas. The whole place went crazy. It was no secret they were going to attack segregation. By the time they got to 1950, they had the precedent. What we have now, we have an adult. How can an adult sitting in the classroom, how can a state a state is not allowed to sit an adult in a classroom beneath a banner that says colored students section, but a state is allowed to sit thousands of children in a building across the street for colored children. No logical document can allow both. The Supreme Court had been painted in a corner. It took time and years and plaintiffs putting their livelihoods on the line to get there. They had the issue before them. If youre not allowed to have this 68yearold man in the same classroom, but he cant be set off because of his race, how can you allow thousands of children to be set off in different buildings because of their race . The court was in a corner. To close, id like to leave you with the thought that i was left with after spending four years researching and writing, and that is that over the past decade or so, weve heard a great deal about activitist judges. The phrase has been used so often, that its bereft of meaning. An activist judge is a judge whose opinions you happen not to like. I will admit on some occasions, the course of our nations history has been changed by activist judges. On every occasion, however, every single time, the course of our nations history has been changed by activist citizens. And often these citizens are working with activist lawyers. 35 of the 55 Founding Fathers were activist lawyers who gathered with their fellow citizens and were so enraged at the treatment they received, that they formed a knew nation. These activist citizens, like lloyd gaines, like george mccluren, theyre the men and women who helped make that country great because they believe in their country more than their country believed in them. They charljoined with charles hn and Thurgood Marshall and defeated staggering odds. Sometimes when i hear about activist judges, its giving the judges too much credit. The structural beauty of the legal strategy that houston and marshall put into place was its false modesty. Its feigned patience. They chipped away at the doctrine of separate but equal by asking only that the doctrine of separate but equal be enforced. Because they knew it couldnt. They knew that separate could never be equal and history, time and justice has proven them right. Theres an airport now named in baltimore named after Thurgood Marshall and there are a number of schools named after Charles Hamilton houston, but the true monument of their labor are the lives that you and i are able to lead each day. Because each day that we are able to gather as we are here this evening, each day that we can come under one roof, regardless of our race, regardless of our gender, regardless of our religion, each one of those days is both a testament and a celebration of the outstanding work and the battles fought and won by these two great americans. Thank you. [applause] im sorry . Whos going to take up 40 acres and a mule. [captioning will resume momentarily. ] obamas administration, 1. 6 billion. Was not moving forward on that. The new administration did move forward on that. No one would call reparations. But it is a whole lot of dollars to correct the wrong that was inflicted upon thousands of africanamerican period of r the years. O as i see that vote and i see buteing done in not limited ways and agriculture and this education in er where i see thats that progressing in. I dont think anyone would put the word reparations on it. More difficult to move through the legislation. Has been doing a good deal of work on that out of michigan. Used the old the 40 akers mule. Reparations is a little too sophisticated for me. What her thing is constitutes an africanamerican. Yesterdays usa today, a fact, front page. And come up repeatedly when the running for office questions about marriage and mixed race. What constitutes an one was merican now if to pursue the mule. Ust want my inaudible question ] you raise a good point as far as what constitutes an africanamerican. Raisedreasa hines carrie a great deal of furor when she herself an africanamerican. And in fact shes african and in america. See it referring to black americans race, an extension of fro american, a term that Thurgood Marshall refused to use until the last three or four life. Of his even through the 80s, he still africanamericans negroes and insisted on if you were talking to him, referring to them as negroes. Evolving question. But i think africanamericans is i like the term. No, i appreciate you coming. I have a question. Relationship between houston and marshall, which is pretty interesting. Their relationship. They started as teacher and student. Was the dean of Howard Law School. In the process of turning the back from an academic water to a varietiable point. He was a buttondown individual, of guy. Piecesuit kind Thurgood Marshall walked with a strut that was so mean that his students called him turkey. And dean houston was so tough nd rigorous on his students that his his students called face, called his him iron shoes. Kinds of y different individuals. When they met, they immediately other, in part because marshall was extremely lawyer and gifted student. Marshalls class started with 36 of those six graduated. Working very hard in Howard Law School at the time. Marshall was ranked first in his years, able to get a job working in the library. Worked first time, he alongside houston. Thats when their relationship off. They were marshall, later Justice Marshall. 80s would repeatedly say everything i learned about the aw, i learned from charlie houston. And it was something that bothered Justice Marshall deeply more people did not know about Charles Hamilton houston and husband contributions. He would speak of him unprompted at every given opportunity. So the people would know what man did and what he sacrificed. They became very good friends. Here was a case of opposites attract. Nded up troovling together throughout the south on road trips and working cases together, obviously, working successfully. But relationship was a teacherstudent who became mentormentee and them at the close friends. And marshall was one of mr. Houstons pal bearers. Not speak and refused to speak to the media about mr. Houston for sometime houstons death. Because it was so emotional for him. Emotional event, losing houston at such a young age. 54 when he passed away. Very difficult for marshall. Okay. I heard this statement which me. Lly puzzled but then it was so clear when they say that all of the work did and good marshall all of the laws that he had to put nd helped together. You know what, whatever he did, they got to the point as if had not the army backed up when ever he pushed, it would mean nothing. Rebelled against it. And when they told me how much part in making sure that these laws are passed, that e if not, the people didnt want to do it wouldnt have done it had not the there. Y was ironic that is such a law to have degree, put things together. March and construct not only to find out if it had not military, it would have been it went no place. Excellent g up an point that because the Supreme Court issued these rulings and did not the this law mean that people woke up one day and decided to follow it. Happen. Now that did not it did take the army. He 82nd airborne, president eisenhower was sent in to little rock, arkansas. Years after brown versus the board of education. Its not marshalls job. The Supreme Courts job to the law. The branches of government, the judiciary, the e executive branch. The executive branch, the law. Ident executes the puts them in the force and make sure people follow them. B hour was yize forced to act. He did not want to act. Was not happy about the brown decision at all. In fact, the White House Press refused to comment on the brown versus the board of decision. The only one that refused to the two that refused to comment about brown versus board. The president was not happy. Went on, he realized there was a great deal of resistance. Rebellion in some case. Had to execute the law. So he did send in the military. It was very sad. Was happy that that had to happen. He had to use the military on United States soil to enforce law. When what does that mean people organize the you think theyre doing something right the courts k that are supposed to be the say so or whatever. Ment the government itself sh does that u, what mean, the particular individual that say, oh, we won, but then again, we didnt win because had know, its you almost like youre so that instead of bringing a certain equality to a yet see it as , not real. Because what would happen now, even know if all of a sudden the military or army or whatnot is holding this together from a be more people that may back onesition to take uh of the rights for other people to have. Thats like walking on thin ice. Knowing just that, or the socalled laws that had to be put down, the only reason why here is because the military will back it up. Hat would happen so im not really im not thats all we have, though, up. Military is backing it we have the there are laws where people follow the laws ifause of their consequences you break them. So i see it i guess the youre of what presenting is i see it as a comfort. A wary i understand your uneasiness about it. But at the end of the day, the law will be enforced. Thats what happened with little thats what happens when they bring the police. Saying even though it may be a force, every time you see a little loophole to get my brother, to shoot him 50 times or a certain type of right, you know . Then, you know, im saying the this didnt carry over to moral. To phase to humanity to a degree. There are 300 Million People in this country. Of them are not on the straight and narrow. And some of them dont care what the law is. Of the people who dont care what the law is, in the past, some of them have been governors. That is the thats part living ince we pay of a free society. I have a question ferguson after the 13th and 14th amendments that ensured civil rights. Of a legal strategy for was built hamilton the unique nature of mes the decision. Away plessy was the big mountain they had to climb. Showed s they got there no state shall violate the rights of the individual state. Hats an awful praising of the 14th mement. Way they went at it. They exposed it as a fallacy. Fallacy by ed as a the same court, they realized to hall wrote a letter houston saying we have to set enge plessy now and forth the reasons why. Reason is you have office. Nt truman in president truman will approve what the Supreme Court said. We had eisenhower. It took a great deal of doing for the administration to enforce the law. The 14th amendment was the means jump over ey had to or tear down plessy versus ferguson. Columbia, they ad to do it through the fifth taxation including without representation. Hello. Coming. Ou for we appreciate it. Okay. What i would like to ask you is today, what do you think the state of our judiciary today, the naacp and other civil rights organizations are still fighting hard for all minorities on all fronts. Where do you think we stand today . Part of it is my being a lawyer. A senator. I had thats how i would determine my president ial vote. Judges. Ed on article iii federal judges are appointed for life. And i think the state of its hard ight now, to move hard to change it righttoleft or lefttoright because everything stops in the senate. Politicalet its a issue of confirmation. I think theres been a great made in the ess so much by the time nominated rshall was by linden marshall, to be kennedy by john f. Here in new york, by then, a short period of time, a senator floor and o on the say, we cant have a negro be appellate judge for the seventh circuit. Some are legitimate disagreements with the way he would interpret the law. Didnt like him because he was a civil rights lawyer and they didnt like the rights. Its constantly evolving. Moves very, very slowly. Theyre on the bench in the federal court. For life. The bench its very important. Its a priority for any president , democrat or republican. A priority for them. The last president , president ush, did an outstanding job of shaping the federal judiciary to what he wanted it to be and what his stitch wents wanted that court to represent. Outstanding job with that. They got very few roadblocks along the way. Hueman o thank bookstore for having me. Thank you for leaving work early to come out to talk to me about this. Thank you. Pardoned nt ford former president nixon 40 years ago on september 8, 1974. After the only president ial resignation in american history. And ht at 8 00 p. M. Midnight eastern on the presidency. Author and history Professor Robert green considers the reasons why ford pardoned nixon and whether or not there was a two men. Een the following mr. Greens remarks, of l air archival footage president fords address to the nation announcing the pardon. History eek, american tvs real america brings you films that tells the century. The 20th war in the middle east. Steer forces drives heads across the sinai south to thest and block of akuba, and occupying old city of jerusalem. First crippling blow came early when the arab air force in destroyed on the ground air raids on 25 bases and threecountries, egypt, jordan, syria. Israels new general defense sinaier, hero of the 1956 campaign was instrumental in battle the nations plan. The sudden swiftness of the israeli army crushed the forces combined air and ground onetwo punch. U. S. And ges the british air units aided are denied and diplomatic nations are open. At the efire continues united nations. Goldberg introduces the peace plan. Debate is started representing 15 nations. While the United States and russia disagree on the wording the troop withdraw, charges the u. S. President plotted the a state. The halt is taken and word to come from the battle zone telling sweeping israeli victories. Day, egypt captures the jordan. Re joining this left syria facing the alone. Middle east isive war. The suez ches to canal, the gulf of akaba, the diplomatic struggle now begins. Today at 5 00 p. M. Eastern on tv, his tore ory combran Brian Allen DrakeBarry Goldwaters commitment to conservation and how it evolved over the lifetime. Goldwater was ary pub president ial nominee in 1964, 50 years ago. History tv. Ican all weekend, every weekend on cspan 3. Next, author larry ball the life and legacy of westerner tom horn who lived 1903. 860 to bald describes horns work as a gunman for the Pinkerton Agency and wyoming and execution in 1903. Professor emeritus at new mexico state university. At the new mexico history museum. This is an hour and 10 minutes. I want to thank tomas