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In an era during which the United States Supreme Court handed down some of its most important decisions, including Brown v. Board of Education (1954), Baker v. Carr (1962), and Miranda v. Arizona (1966), three senators from South Carolina—Olin Johnston, Strom Thurmond, and Ernest “Fritz” Hollings—waged war on the court’s progressive agenda by targeting the federal judicial nominations process. To Face Down Dixie explores these senators’ role in some of the most contentious confirmation battles in recent history, including those of Thurgood Marshall, Abe Fortas, and Clement Haynsworth. In scrutinizing Supreme Court nominees and attempting to restrict the power of the nine justices of the court, these senators defied not only the leadership of the Democratic Party but also the Senate traditions of hierarchy and seniority. Along with South Carolina’s conservative, segregationist political establishment, which maintained ironclad control over the state’s legislature, Johnston, Thurmond, and Hollings effectively drowned out the many moderate voices in South Carolina that remained critical of their obstructionism, thus advancing their own conservative credentials and boosting their chances of reelection. To Face Down Dixie examines for the first time the central role that South Carolina played in turning Supreme Court nomination hearings into confrontational and political public events. James O. Heath argues that the state’s war on the court concealed its antipathy to civil rights by using the confirmation process to challenge the court’s function as the final arbiter of policy on questions relating to law and order, obscenity, communist subversion, and school prayer. Heath’s study illustrates that while South Carolina’s history of “massive resistance” is less prominent than that of other states, its politicians acted as persistent antagonists in the complex and dramatic debates in the U.S. Senate during the era of civil rights.

Firearms Legislation

United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate Juvenile Delinquency

Published: 1970

Total Pages: 488


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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
The Warren Court of the 1950s and 1960s was the most liberal in American history. Yet within a few short years, new appointments redirected the Court in a more conservative direction, a trend that continued for decades. However, even after Warren retired and the makeup of the court changed, his Court cast a shadow that extends to our own era. In The Long Reach of the Sixties, Laura Kalman focuses on the late 1960s and early 1970s, when Presidents Johnson and Nixon attempted to dominate the Court and alter its course. Using newly released--and consistently entertaining--recordings of Lyndon Johnson's and Richard Nixon's telephone conversations, she roots their efforts to mold the Court in their desire to protect their Presidencies. The fierce ideological battles--between the executive, legislative, and judicial branches--that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's decisions generally reflected public opinion, the surrounding debate calcified the image of the Warren Court as activist and liberal. Abe Fortas's embarrassing fall and Nixon's campaign against liberal justices helped make the term "activist Warren Court" totemic for liberals and conservatives alike. The fear of a liberal court has changed the appointment process forever, Kalman argues. Drawing from sources in the Ford, Reagan, Bush I, and Clinton presidential libraries, as well as the justices' papers, she shows how the desire to avoid another Warren Court has politicized appointments by an order of magnitude. Among other things, presidents now almost never nominate politicians as Supreme Court justices (another response to Warren, who had been the governor of California). Sophisticated, lively, and attuned to the ironies of history, The Long Reach of the Sixties is essential reading for all students of the modern Court and U.S. political history.
In "Letter from Birmingham Jail," Martin Luther King, Jr. asserted that "the Negro's great stumbling block in his stride toward freedom is not the White Citizen's Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to 'order' than to justice." To date, our understanding of the Civil Rights era has been largely defined by high-profile public events such as the crisis at Little Rock high school, bus boycotts, and sit-ins-incidents that were met with massive resistance and brutality. The resistance of Southern moderates to racial integration was much less public and highly insidious, with far-reaching effects. The Ghost of Jim Crow draws long-overdue attention to the moderate tactics that stalled the progress of racial equality in the South. Anders Walker explores how three moderate Southern governors formulated masked resistance in the wake of Brown v. Board of Education. J. P. Coleman in Mississippi, Luther Hodges in North Carolina, and LeRoy Collins in Florida each developed workable, lasting strategies to neutralize black political activists and control white extremists. Believing it possible to reinterpret Brown on their own terms, these governors drew on creative legal solutions that allowed them to perpetuate segregation without overtly defying the federal government. Hodges, Collins, and Coleman instituted seemingly neutral criteria--academic, economic, and moral--in place of racial classifications, thereby laying the foundations for a new way of rationalizing racial inequality. Rather than focus on legal repression, they endorsed cultural pluralism and uplift, claiming that black culture was unique and should be preserved, free from white interference. Meanwhile, they invalidated common law marriages and cut state benefits to unwed mothers, then judged black families for having low moral standards. They expanded the jurisdiction of state police and established agencies like the Mississippi Sovereignty Commission to control unrest. They hired black informants, bribed black leaders, and dramatically expanded the reach of the state into private life. Through these tactics, they hoped to avoid violent Civil Rights protests that would draw negative attention to their states and confirm national opinions of the South as backward. By crafting positive images of their states as tranquil and free of racial unrest, they hoped to attract investment and expand southern economic development. In reward for their work, John F. Kennedy and Lyndon Johnson appointed them to positions in the federal government, defying notions that Republicans were the only party to absorb southern segregationists and stall civil rights. An eye-opening approach to law and politics in the Civil Rights era, The Ghost of Jim Crow looks beyond extremism to highlight some of the subversive tactics that prolonged racial inequality.