Vanderbilt Law Review


Paul H. Sanders

First Page



Segregation in the public schools on the basis of race or color pursuant to law has been declared unconstitutional by the Supreme Court of the United States.' Such segregation, the Court says, violates the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment of the Constitution of the United States. The unanimous opinions of the Court delivered by Chief Justice Warren, declare this to be so regardless of the "equality" of the "tangible factors" in such educational facilities. This action, of paramount significance during the term just ended, will have a sequel of virtually equal moment next term, since the framing of decrees in the cases 'has been set down for further argument then. Coupled with the Court's failure to decide these cases during the 1952 term, there will thus have been afforded an outstanding example of judicial deliberateness in dealing with an emotionally charged problem. That this decision of our highest court will have a tremendous impact upon the laws and legal institutions of Tennessee is obvious. The understanding of it will be aided, it is believed, by some consideration of the broader legal developments which have brought us to this result.