358 U.S. 1, 18, it is emphatically the province and duty of the judicial department to say what the law is. As this Court said some 41 years ago in a unanimous opinion in a case involving another aspect of racial segregation: "It is urged that this proposed segregation will promote the public peace by preventing race conflicts. ; The chaos and turmoil the state officials created was so bad that the School Board trying to implement the Court-ordered … The District Court had granted the application of the petitioners, the Little Rock School Board and School Superintendent, to suspend for two and one-half years the operation of the School Board's court-approved desegregation program. That court is the regular court for reviewing orders of the District Court here concerned, and the appeal and the petition for a stay are matters properly to be adjudicated by it in the first instance. It was still challenged by many states opposed to integration, and the process of desegregation moved at a slower pace than many had imagined. Violent resistance to law cannot be made a legal reason for its suspension without loosening the fabric of our society. VI of the Constitution makes it of binding effect on the States "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." If, after analysis of the relevant factors (which, of course, excludes hostility to racial desegregation), a District Court concludes that justification exists for not requiring the present nonsegregated admission of all qualified Negro children to public schools, it should scrutinize the program of the school authorities to make sure that they have developed arrangements pointed toward the earliest practicable completion of desegregation, and have taken appropriate steps to put their program into effective operation. Cooper v. Aaron. A Governor who asserts a. power to nullify a federal court order is similarly restrained. Eight of the Negro students remained in attendance at the school throughout the school year. Cooper." Their position, in essence, was that, because of extreme public hostility, which they stated had been engendered largely by the official attitudes and actions of the Governor and the Legislature, the maintenance of a sound educational program at Central High School, with the Negro students in attendance, would be impossible. Page 358 U.S. 27 , 27. Among other things, the court found that the past year at Central High School had been attended by conditions of "chaos, bedlam and turmoil"; that there were "repeated incidents of more or less serious violence directed against the Negro students and their property"; that there was "tension and unrest among the school administrators, the classroom teachers, the pupils, and the latters' parents, which inevitably had an adverse effect upon the educational program"; that a school official was threatened with violence; that a "serious financial burden" had been cast on the School District; that the education of the students had suffered "and under existing conditions will continue to suffer"; that the Board would continue to need "military assistance or its equivalent"; that the local police department would not be able "to detail enough men to afford the necessary protection"; and that the situation was "intolerable." The use of force to further obedience to law is, in any event, a last resort, and one not congenial to the spirit of our Nation. Farber, Daniel A.; Eskridge, William N., Jr.; Frickey, Philip P. Freyer, Tony A. Lawrence (KS), 2007. William G. COOPER et al., Members of the Board of Directors of the Little Rock, Arkan- sas Independent School District, and Virgil T. Blossom, Superintendent of Schools, petitioners, v. John AARON et al. After hearings on the petition, the District Court found that the School Board's plan had been obstructed by the Governor through the use of National Guard troops, and granted a preliminary injunction on September. As a result of these discussions, the Board reached the conclusion that "a large majority of the residents" of Little Rock were of "the belief . It would have to be retraced against the seemingly vindicated feeling of those who actively sought to block that progress. Having considered the oral arguments, the Court is in agreement with the view expressed by counsel for the respective parties and by the Solicitor General that petitioners' present application respecting the stay of the mandate of the Court of Appeals and of the order of the District Court of June 21, 1958, necessarily involves consideration of the merits of the Court of Appeals decision reversing the order of Judge Lemley. Available at: https://books.google.com/books/about/American_Constitutional_Law_Sources_of_P.html?id=lZtSh61ljxgC, 14th Amendment of U.S. Constitution (1868). at 225. ** This opinion of all of the members of the Court embodies those views. He was, however, dissuaded from announcing it the same day as the main opinion by Justices Brennan and Black, who felt a unanimous decision would emphasize how strongly the Court felt about the issue. The Mayor considered that the Little Rock police force could adequately cope with any incidents which might arise at the opening of school. In Brown v. Board of Education, 347 U.S. 483 (1954), the United States Supreme Court held that racial segregation in public schools is unconstitutional and ordered the desegregation of public schools in the southern United States. This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. [6] They alleged that public hostility to desegregation along with opposition by Governor Orval Faubus and the state legislature created "chaos, bedlam and turmoil". The Mayor, the Chief of Police, and the school authorities made no request to the Governor or any representative of his for State assistance in maintaining peace and order at Central High School. 13. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice.
We likewise have accepted the findings of the District Court as to the conditions at Central High School during the 1957-1958 school year, and also the findings that the educational progress of all the students, white and colored, of that school has suffered, and will continue to suffer if the conditions which prevailed last year are permitted to continue. No.
Nine Negro children were scheduled for admission in September, 1957, to Central High School, which has more than two thousand students. That same day, September 4, 1957, the United States Attorney for the Eastern District of Arkansas was requested by the District Court to begin an immediate investigation in order to fix responsibility for the interference with the orderly implementation of the District Court's direction to carry out the desegregation program.
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