Eleanor Finch
Thurgood Marshall was a lawyer, civil rights activist, and jurist who served as an associate justice of the Supreme Court of the United States from 1967 to 1991. He was the first African-American justice and played a pivotal role in the civil rights movement, fighting against racial segregation in American public schools and arguing several landmark cases before the Supreme Court, including Brown v. Board of Education (1954), which held segregation in public education to be unconstitutional. Marshall believed that the US Constitution was born out of racism and that the founding legal documents of the nation were unjust and deliberately so. However, he also understood that it was within America's power to fix those mistakes and transform constitutional law.
| Characteristics | Values |
|---|---|
| Marshall's view of the founding legal documents of the United States | Unjust and deliberately biased against the powerless |
| Marshall's view of the Constitution | Born in racism but redeemable if one used the values at its core to deal humanely with the life around |
| Marshall's view of the Founding Fathers | They did not have the majority of America's citizens in mind |
| Marshall's view of the phrase "We the People" | Included only "the whole Number of free Persons" |
| Marshall's view of the right to vote | Negro slaves were excluded, although they were counted for representational purposes—at three-fifths each |
| Marshall's view of the Supreme Court | A system that infringed upon the separation of church and state |
| Marshall's view of the Constitution's equal protection clause | Violated by the "separate but equal" doctrine |
| Marshall's view of the Constitution's respect for individual freedoms and human rights | Vastly different from what the framers began to construct two centuries ago |
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What You'll Learn
Thurgood Marshall's view of the original constitution
Thurgood Marshall was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 to 1991. He was the first African-American justice on the Supreme Court.
Marshall's view of the original Constitution was critical. In a speech marking the bicentennial of the US Constitution, he argued that its framers had intentionally inscribed slavery into the American economy. He believed that the founding legal documents of the United States were unjust and deliberately so. In his view, the original Constitution was born out of racism and needed interpretation by justices to replace cramped formalism with decency.
Marshall saw the Constitution as a living document, capable of being transformed to ensure equal justice under the law. He understood his role as a lawyer and judge as one that provided legal recourse to the powerless, particularly those working within a legal system biased against them. He once said that while the US has a great Constitution today, "it didn't start out that way."
Marshall's work as a civil rights lawyer and judge demonstrated his commitment to transforming the Constitution into a force for equality and justice for all Americans, especially African Americans. He led the NAACP Legal Defense and Educational Fund in its fight against Jim Crow laws in higher education, arguing cases such as Sweatt v. Painter (1950) and McLaurin v. Oklahoma Board of Regents of Higher Education (1950). These cases set precedents for the landmark Brown v. Board of Education (1954) decision, which rejected the "separate but equal" doctrine and held that segregation in public education was unconstitutional.
Marshall's interpretation and use of the Constitution had a profound impact on the political direction of the United States and opened up new facets of citizenship for African Americans. His work demonstrated that the law could be an instrument of liberation, and he is remembered for his unwavering commitment to "equal justice under law."
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Marshall's interpretation of the Fourteenth Amendment
Thurgood Marshall, the first African-American justice of the Supreme Court of the United States, had a unique interpretation of the Fourteenth Amendment of the US Constitution. Marshall argued that the US Constitution was born out of racism and that the founding legal documents of the United States were unjust and deliberately so. He believed that the framers of the Constitution intentionally inscribed slavery into the American economy, and that the right to vote did not extend to Negro slaves, who were counted for representational purposes as three-fifths of a person.
Marshall's work on the Supreme Court was also guided by his interpretation of the Fourteenth Amendment. He was a key figure in the civil rights movement, playing a central role in the Little Rock desegregation crisis. In 1957, he travelled to Little Rock to challenge Arkansas Governor Orval Faubus's efforts to block integration of Central High School. He secured an injunction from US District Judge Ronald Davies, enabling the Little Rock Nine to return to school under federal protection. The following year, when the Little Rock School Board sought to delay integration, Marshall represented families opposing the delay in Cooper v. Aaron. The Supreme Court unanimously ruled that the delay was unconstitutional under the Equal Protection Clause, reaffirming that Brown v. Board of Education was the supreme law of the land.
Throughout his career, Marshall developed test case litigation strategies that systematically identified and vindicated the constitutional rights of African Americans. He understood his role as a lawyer and judge as one that provided legal recourse to the powerless, particularly those working within a legal system that was biased against them from the beginning. Marshall's interpretation of the Fourteenth Amendment and his commitment to racial equality had a profound impact on the political direction of the United States and transformed constitutional law.
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Marshall's role in the civil rights movement
Thurgood Marshall was an influential leader and pillar of the civil rights movement. He was a civil rights lawyer who used the courts to fight against racial segregation in the United States. Marshall's work as a lawyer and later as a judge focused on providing legal recourse to the powerless, particularly those working within a biased legal system. He believed that the US Constitution was unjust and deliberately excluded many citizens, but that it was within America's power to fix those injustices.
One of Marshall's first legal cases was against the University of Maryland Law School, which had denied him admission because of his race. Working with his mentor, Charles Hamilton Houston, he successfully argued that the law school had violated the 14th Amendment guarantee of equal protection under the law. This was an early indication of Marshall's commitment to using the law as a tool for social change.
In 1940, Marshall founded the NAACP Legal Defense and Educational Fund (LDF), which was created to mount a legal assault against segregation. He served as its first Director-Counsel and was the architect of the legal strategy that ended the country's official policy of segregation. During his time with the NAACP, Marshall argued 32 cases before the US Supreme Court, winning 29 of them. Some of his notable cases include:
- Smith v. Allwright (1944), which found that states could not exclude Black voters from primaries.
- Shelley v. Kraemer (1948), which struck down race-based restrictive housing covenants.
- Sweatt v. Painter (1950) and McLaurin v. Oklahoma Board of Regents of Higher Education (1950), which were both precedents for Brown v. Board of Education.
In 1954, Marshall successfully argued the historic Brown v. Board of Education case, in which the Supreme Court rejected the "separate but equal" doctrine and held that segregation in public education was unconstitutional. This case was a consolidation of several previous cases and a landmark decision in the civil rights movement.
In 1961, President Kennedy nominated Marshall to the US Court of Appeals for the 2nd Circuit, and in 1965, he was appointed solicitor general by President Lyndon B. Johnson. Finally, in 1967, Marshall was nominated to the US Supreme Court, becoming the first African-American justice. During his nearly 25-year tenure on the Supreme Court, Marshall fought for affirmative action for minorities, opposed the death penalty, and supported a woman's right to choose abortion.
Marshall's work as a lawyer and judge had a significant impact on American society and culture. His mission was equal justice for all, and he used the power of the courts to fight racism and discrimination, tear down segregation, and make life better for the most vulnerable in the nation. His legacy continues to inspire those striving for racial justice and equal rights for all.
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Marshall's impact on constitutional law
Thurgood Marshall was a lawyer and civil rights activist who served as an associate justice of the Supreme Court of the United States from 1967 to 1991. He was the first African-American justice on the Supreme Court.
Marshall's work had a profound impact on constitutional law, particularly in the area of civil rights and racial equality. He successfully argued several landmark cases before the Supreme Court, including Brown v. Board of Education in 1954, which held that segregation in public education was unconstitutional and a violation of the equal protection clause of the Fourteenth Amendment. This case is considered one of the true landmark decisions in the Court's history and invalidated the concept of segregation in public schools.
Marshall also played a central role in the Little Rock desegregation crisis in 1957, securing an injunction that enabled the Little Rock Nine to return to school under federal protection. He represented families opposing the delay in integration in Cooper v. Aaron in 1958, and the Supreme Court unanimously ruled that the delay was unconstitutional, reaffirming Brown v. Board of Education as the supreme law of the land.
In addition to his work on racial equality, Marshall developed test case litigation strategies that systematically identified and vindicated the constitutional rights of African Americans. He was known for his belief that the law could be an instrument of liberation for the poor and disenfranchised, and he worked to ensure equal justice under the law.
Marshall's interpretation of the Constitution was shaped by his understanding of its flawed origins. In a speech marking the bicentennial of the US Constitution, he argued that its framers intentionally inscribed slavery into the American economy. Despite this, he believed that the Constitution was redeemable if its core values were used to uphold human rights and decency.
Overall, Thurgood Marshall's work as a lawyer and judge had a significant and lasting impact on constitutional law in the United States, particularly in the area of civil rights and racial equality. His contributions helped to shape the political direction of the country and expand the rights and opportunities of its citizens.
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Marshall's legacy on the Supreme Court
Thurgood Marshall's legacy on the Supreme Court is a testament to his dedication to civil rights and social justice. As the first African-American justice on the Supreme Court, he left an indelible mark on the interpretation and application of constitutional law, particularly in the realm of racial equality and equal justice under the law.
Marshall's tenure on the Supreme Court from 1967 to 1991 was preceded by a distinguished career as a civil rights lawyer. He successfully argued several landmark cases before the Supreme Court, including Sweatt v. Painter (1950) and McLaurin v. Oklahoma Board of Regents of Higher Education (1950), which set important precedents for challenging segregation in higher education.
However, Marshall's most notable achievement before joining the Supreme Court was his pivotal role in the Brown v. Board of Education case in 1954. This case is considered a watershed moment in American history, as the Supreme Court unanimously rejected the "separate but equal" doctrine and held that segregation in public education was unconstitutional. Marshall's powerful argument that the "'separate but equal' doctrine violated the equal protection clause of the Fourteenth Amendment" was a significant contribution to this landmark decision.
As a Supreme Court justice, Marshall continued his unwavering commitment to civil rights and social justice. He frequently dissented as the Court became increasingly conservative, earning a reputation as a staunch liberal. One notable instance of his dissent is recorded in Payne v. Tennessee (1991), where he passionately disagreed with the majority's decision, stating that "power, not reason, is the new currency of this Court's decision-making."
Marshall's impact extended beyond his legal accomplishments. He was known for his energetic and boisterous personality, as well as his lack of pretension and gift for humor. His unique approach to legal advocacy and his unwavering belief in the potential for positive change within an imperfect system inspired future generations of lawyers and activists.
In recognition of his extraordinary contributions, the Supreme Court approved a special resolution honouring Marshall after his death in 1993. Chief Justice William Rehnquist acknowledged that Marshall had done more than anyone else to make "Equal Justice Under Law" a reality, a phrase inscribed above the Supreme Court building's entrance. Marshall's legacy continues to inspire and guide those striving for equal justice and the protection of constitutional rights for all Americans.
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Frequently asked questions
Thurgood Marshall was a lawyer and civil rights activist who served as an associate justice of the Supreme Court of the United States from 1967 to 1991.
Thurgood Marshall believed that the US Constitution was born in racism but was redeemable if one used the values at its core to deal humanely with the life around us. He argued that the founding legal documents of the United States were unjust and deliberately so, but it was within America's power to fix those mistakes.
Arguably Thurgood Marshall's biggest win was the case of Brown v. Board of Education (1954), one of the landmark decisions in the Court's history, which invalidated the concept of segregation in public schools under the Fourteenth Amendment.
Thurgood Marshall is remembered for his contributions to constitutional law, both as a member of the Supreme Court and before becoming a member. Marshall's tenure on the Supreme Court “surpassed all others in securing constitutional access and opportunity for America’s poor and disenfranchised”.
