The official meetings, essay contests, and festivities have begun. The Sword and the Robe. Moral principles against slavery, for those who had them, were compromised, with no explanation of the conflicting principles for which the American Revolutionary War had ostensibly been fought: the selfevident truths “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Declaration of independence (July 4, 1776). 1, 59 (Sept. 17, 1787). It took a bloody civil war before the l3th Amendment could be adopted to abolish slavery, though not the consequences slavery would have for future Americans. In the meantime, blacks joined America’s military to fight its wars and invested untold hours working in its factories and on its farms, contributing to the development of this country’s magnificent wealth and waiting to share in its prosperity. The Southern States acceded to the demands of the New England States for giving Congress broad power to regulate commerce, in exchange for the right to continue the slave trade. Political representation in the lower House of Congress was to be based on the population of "free Persons" in each State, plus threefifths of all "other Persons." Much has been written about Thurgood Marshall, but this is the first book to collect his own words. Maui, Hawaii, May 8, 1987 The planned commemoration will span three years, and I am told 1987 is "dedicated to the memory of the Founders and the document they drafted in Philadelphia." As a result of compromise, the right of the southern States to continue importing slaves was extended, officially, at least until 1808. No doubt it will be said, when the unpleasant truth of the history of slavery in America is mentioned during this bicentennial year, that the Constitution was a product of its times, and embodied a compromise which, under other circumstances, would not have been made. To make the compromise even more palatable, customs duties would be imposed at up to ten dollars per slave as a means of raising public revenues. May 8, 1981. (60 U.S.) 393, 405, 407408 (1857). Thurgood Marshall's speech at the National Convention of Alpha Phi Alpha in St. Louis, Missouri (August 15, 1966) as quoted in "St. Louis Globe-Democrat" (p. 1), August 17, 1966. This is unfortunatenot the patriotism itself, but the tendency for the celebration to oversimplify, and overlook the many other events that have been instrumental to our achievements as a nation. Farrand, ad., The Records of the Federal Convention of 1787, vol. Former U.S. Supreme Court Justice Thurgood Marshall. Washington, DC, Nov. 18, 1978. of the THURGOOD MARSHALL. Patriotic feelings will surely swell, prompting proud proclamations of the wisdom, foresight, and sense of justice shared by the Framers and reflected in a written document now yellowed with age. (60 U.S.) 393, 405, 407408 (1857). The 19th Amendment (ratified in 1920). And yet Governor Morris eventually accepted the threefifths accommodation. 3. On a matter so basic as the right to vote, for example, Negro slaves were excluded, although they were counted for representational purposes at threefifths each. 1, 52 (Sept. 17, 1787). will, in my view, be a far more meaningful and humbling experience. In fact, he wrote the final draft of the Constitution, the very document the bicentennial will commemorate. Remarks of Thurgood Marshall Marshall later became chief counsel for the NAACP and argued numerous civil rights cases before the Suprem… As someone who relishes the ability to do and say whatever I please, independence is a concept near and dear to my heart! Nor do I find the wisdom, foresight, and sense of justice exhibited by the Framers particularly profound. It is a pleasure to speak here on the anniversary of our Nation’s independence. Politicians and Judges around the country were praising the … When contemporary Americans cite "The Constitution," they invoke a concept that is vastly different from what the Framers barely began to construct two centuries ago. July 4, 1992. Nor do I find the wisdom, foresight, and sense of justice exhibited by the Framers particularly profound. Along the way, new constitutional principles have emerged to meet the challenges of a changing society. “To protest against injustice is the foundation of all our American democracy." “In recognizing the humanity of our fellow beings, we pay ourselves the highest tribute.” 2. Name: _____ Date: _____This speech Thurgood Marshall gave in 1987 was part of theconstitutional bicentennial celebration. And yet almost another century would pass before any significant recognition was obtained of the rights of black Americans to share equally even in such basic opportunities as education, housing, and employment, and to have their votes counted, and counted equally. He opposed slavery and the counting of slaves in determining the basis for representation in Congress. The men who gathered in Philadelphia in 1787 could not have envisioned these changes. The Equality Speech. Thurgood Marshall Former Justice of the Supreme Court of the United States July 4, 1992 Independence Hall Philadelphia, PA It is a pleasure to speak … Patriotic feelings will surely swell, prompting proud proclamations of the wisdom, foresight, and sense of justice shared by the Framers and reflected in a written document now yellowed with age. The perpetuation of slavery ensured the primary source of wealth in the Southern States. On 6 February 1958, King wrote Marshall to express his gratitude for Marshall’s efforts in the Montgomery bus boycott: “We will remain eternally grateful to you and your staff for the great … Thurgood Marshall. We the People" no longer enslave, but the credit does not belong to the Framers. At the Convention he objected that To make the compromise even more palatable, customs duties would be imposed at up to ten dollars per slave as a means of raising public revenues. on the issue whether, in the eyes of the Framers, slaves were “constituent members of the sovereignty,” and were to be included among “We the People”: “We think they are not, and that they are not included, and were not intended to be included…. It was not the first such compromise. This was a Thurgood Marshall speech that attracted mainstream media coverage, including The Los Angeles Times and The New York Times, because of its sharp contrast to the “lavish praise of the Framers' wisdom and devotion to liberty and justice by figures including President Reagan and Warren E. Burger” as the New York Times article noted. United States Constitution, Art. Like many anniversary celebrations, the plan for 1987 takes particular events and holds them up as the source of all the very best that has followed. "We the People" included, in the words of the Framers, "the whole Number of free Persons." Thurgood Marshall Award. They arose from the contradiction between guaranteeing liberty and justice to all, and denying both to Negroes. The legal system can force open doors, and sometimes-even knock down walls, but it cannot build bridges. While the Union survived the civil war, the Constitution did not. Bringing you history watch our learning cartoon network as we have fun with a biography on Supreme Court Justice Thurgood Marshall. The men who gathered in Philadelphia in 1787 could not have envisioned these changes. They could not have imagined, nor would they have accepted, that the document they were drafting would one day be construed by a Supreme Court to which had been appointed a woman and the descendent of an African slave. But the effects of the Framers' compromise have remained for generations. [N]o one seems to have doubted the correctness of the prevailing opinion of the time.”, And so, nearly seven decades after the Constitutional Convention, the Supreme Court reaffirmed the prevailing opinion of the Framers regarding the rights of Negroes in America. Supreme Court justice and civil rights advocate. 356 Views Program ID: 151490-1 Category: Public Affairs Event Format: Speech Location: Washington, District of Columbia, United States First Aired: No doubt it will be said, when the unpleasant truth of the history of slavery in America is mentioned during this bicentennial year, that the Constitution was a product of its times, and embodied a compromise which, under other circumstances, would not have been made. The progress has been dramatic, and it will continue. Reflecting on his two decades on the Court and particularly on recent affirmative action rulings by the High Court, Justice Marshall reminded his audience that the United States had not yet achieved racial equality or as he termed it, a colorblind society. The official meetings, essay contests, and festivities have begun. Even these ringing phrases from the Declaration of Independence are filled with irony, for an early draft of what became that Declaration assailed the King of England for suppressing legislative attempts to end the slave trade and for encouraging slave rebellions. Some may more quietly commemorate the suffering, struggle, and sacrifice that has triumphed over much of what was wrong with the original document, and observe the anniversary with hopes not realized and promises not fulfilled. The original intent of the phrase, “We the People,” was far too clear for any ameliorating construction. Philadelphia, PA. The economic interests of the regions coalesced: New Englanders engaged in the “carrying trade” would profit from transporting slaves from Africa as well as goods produced in America by slave labor. Imprint ... Much has been written about Thurgood Marshall, but this is … That job belongs to you and me. And so we must be careful, when focusing on the events which took place in Philadelphia two centuries ago, that we not overlook the momentous events which followed, and thereby lose our proper sense of perspective. Like many anniversary celebrations, the plan for 1987 takes particular events and holds them up as the source of all the very best that has followed. While the Union survived the civil war, the Constitution did not. Anarchy is anarchy is anarchy. Declaration of independence (July 4, 1776). Thurgood Marshall: A Major Influence on Law and Equality “In one section, at least of our common country, a government of the people, by the people, and for the people means a government by the mob” (Hitzeroth and Leon 13). “Racism separates, but it never libera It is a pleasure to speak here on the anniversary of our Nation’s independence. I plan to celebrate the bicentennial of the Constitution as a living document, including the Bill of Rights and the other amendments protecting individual freedoms and human rights. United States Constitution, Art. A Commission has been established to coordinate the celebration. Grandson of an enslaved person, Marshall lived … THE BRETHREN and other books document this. Very few Supreme Court justices have championed the First Amendment as consistently as Thurgood Marshall, the Court’s first black justice. And yet almost another century would pass before any significant recognition was obtained of the rights of black Americans to share equally even in such basic opportunities as education, housing, and employment, and to have their votes counted, and counted equally. Politicians and Judges around the country were praising the “founding Fathers” for their genius at writing a document that established the guiding legal principles of the republic for generations. The record of the Framers' debates on the slave question is especially clear: The Southern States acceded to the demands of the New England States for giving Congress broad power to regulate commerce, in exchange for the right to continue the slave trade. As someone who relishes the ability to do and say whatever I please, independence is a concept near and dear to my heart! Politicians and Judges around the country were praising the “founding Fathers” for their genius at writing a document that established the guiding legal principles of the republic for generations. 11, 222 (New Haven, Conn., 1911). In its place arose a new, more promising basis for justice and equality, the 14th Amendment, ensuring protection of the life, liberty, and property of all persons against deprivations without due process, and guaranteeing equal protection of the laws. In its place arose a new, more promising basis for justice and equality, the 14th Amendment, ensuring protection of the life, liberty, and property of all persons against deprivations without due process, and guaranteeing equal protection of the laws. At Howard, where he was first in his class, he was mentored by Charles Houston, a professor and leader of the NAACP (the National Association for the Advancement of Colored People). Edition 1st ed. And so we must be careful, when focusing on the events which took place in Philadelphia two centuries ago, that we not overlook the momentous events which followed, and thereby lose our proper sense of perspective. On August 30, 1967, Thurgood Marshall became the first African American U.S. Supreme Court Justice. Commission on the Bicentennial of the United States Constitution, First Report, at 6 (September 17, 1985). Some may more quietly commemorate the suffering, struggle, and sacrifice that has triumphed over much of what was wrong with the original document, and observe the anniversary with hopes not realized and promises not fulfilled. [A]ccordingly, a Negro of the African race was regarded … as an article of property, and held, and bought and sold as such…. In Maui, Hawaii May 6, 1987 They could not have imagined, nor would they have accepted, that the document they were drafting would one day be construed by a Supreme Court to which had been appointed a woman and the descendent of an African slave. Thurgood Marshall | 1998-2019 © Copyright. These omissions were intentional. He once admitted, “By the time I reached the second grade, I got tired of spelling all that out and had shortened it to Thurgood.” If we seek, instead, a sensitive understanding of the Constitution’s inherent defects, and its promising evolution through 200 years of history, the celebration of the “Miracle at Philadelphia” Bowen, Miracle at Philadelphia: The Story of the Constitutional Convention May to September 1787 (Boston 1966). It belongs to those who refused to acquiesce in outdated notions of "liberty," "justice," and "equality," and who strived to better them. Politicians and Judges around the country were praising the “founding Fathers” for their genius at writing a document that established the guiding legal principles of the republic for generations. before the l3th Amendment could be adopted to abolish slavery, though not the consequences slavery would have for future Americans. Thus, in this bicentennial year, we may not all participate in the festivities with flagwaving fervor. They arose from the contradiction between guaranteeing liberty and justice to all, and denying both to Negroes. Thurgood Marshall. “History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure.” 5. This speech Thurgood Marshall gave in 1987 was part of the constitutional bicentennial celebration. Writing for the Supreme Court in 1857, Chief Justice Taney penned the following passage in the Dred Scott case, 19 How. Thurgood Marshall (July 2, 1908–January 24, 1993), whose great-grandparents were enslaved, was the first Black justice appointed to the United States Supreme Court, where he served from 1967 to 1991. This speech Thurgood Marshall gave in 1987 was part of the constitutional bicentennial celebration. When contemporary Americans cite “The Constitution,” they invoke a concept that is vastly different from what the Framers barely began to construct two centuries ago. Independence Hall. And so again at the Constitutional Convention eloquent objections to the institution of slavery went unheeded, and its opponents eventually consented to a document which laid a foundation for the tragic events that were to follow. “You do what you think is right and let the law catch up.” 4. On December 8, 1953 Thurgood Marshall, the chief legal counsel … Read More(1953) Thurgood Marshall, “Argument Before the U.S. Supreme Court in Brown v. … He opposed slavery and the counting of slaves in determining the basis for representation in Congress. And so again at the Constitutional Convention eloquent objections to the institution of slavery went unheeded, and its opponents eventually consented to a document which laid a foundation for the tragic events that were to follow. THURGOOD MARSHALL'S SPEECHES TO GENERAL AUDIENCES.....140 The Speech of June 1, 1966 141 The Speech of June 15, 1966 ..... 175 V. THURGOOD MARSHALL'S SPEECHES TOLAWYERS AND LAW STUDENTS.....203 The Speech of September 16, 1965 203 The Speech of April 27, 1966 244 At the Convention he objected that. we are to "recall the achievements of our Founders and the knowledge and experience that inspired them, the nature of the government they established, its origins, its character, and its ends, and the rights and privileges of citizenship, as well as its attendant responsibilities." See Becker, The Declaration of Independence: A Study in the History of Political Ideas 147 (1942). The Equality Speech. I cannot accept this invitation, for I do not believe that the meaning of the Constitution was forever “fixed” at the Philadelphia Convention. Remarks on the Bicentennial of the Constitution. Politicians and Judgesaround the country were praising the "founding Fathers" for theirgenius at writing a document that established the guiding legalprinciples of the republic for generations. See Becker, The Declaration of Independence: A Study in the History of Political Ideas 147 (1942). SAN FRANCISCO PATENT AND TRADEMARK LAW ASSOCIATION Even these ringing phrases from the Declaration of Independence are filled with irony, for an early draft of what became that Declaration assailed the King of England for suppressing legislative attempts to end the slave trade and for encouraging slave rebellions. The men who gathered in Philadelphia in 1787 could not have envisioned these changes. According to ThurgoodMarshall.com. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today. IV. The perpetuation of slavery ensured the primary source of wealth in the Southern States. But Marshall was one of the few voices pointing out that the original constitution required numerous amendments and came to a crisis that required a Civil War to solve. During his 14-year tenure on the Court, Justice Marshall sided with the freedom of speech and the press in several landmark cases which set the precedent for the modern interpretation of the First Amendment we are familiar … Chicago, Ill., July 13, 1942. Otherwise, the odds are that for many Americans the bicentennial celebration will be little more than a blind pilgrimage to the shrine of the original document now stored in a vault in the National Archives. They were enslaved by law, emancipated by law, disenfranchised and segregated by law; and, finally, they have begun to win equality by law. We will see that the true miracle was not the birth of the Constitution, but its life, a life nurtured through two turbulent centuries of our own making, and a life embodying much good fortune that was not. Acceptance Speech. Political representation in the lower House of Congress was to be based on the population of “free Persons” in each State, plus threefifths of all “other Persons.” United States Constitution, Art. 1, 59 (Sept. 17, 1787). As a passionate lawyer and prominent Supreme Court justice he fought for Civil Rights and social justice in the courts and believed that racial integration is best for all schools. "The inhabitant of Georgia [or] South Carolina who goes to the coast of Africa, and in defiance of the most sacred laws of humanity tears away his fellow creatures from their dearest connections and damns them to the most cruel bondages, shall have more votes in a Government instituted for protection of the rights of mankind, than the Citizen of Pennsylvania or New Jersey who views with a laudable horror, so nefarious a Practice." To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today. As a result of compromise, the right of the southern States to continue importing slaves was extended, officially, at least until 1808. will, in my view, be a far more meaningful and humbling experience. What is striking is the role legal principles have played throughout America's history in determining the condition of Negroes. Along the way, new constitutional principles have emerged to meet the challenges of a changing society. Very good possibility Kagan was quoting from a speech she wrote for Marshall. Thurgood Marshall's Speech for Bicentennial of Constitution ... Marshall was notorious for allowing his Law Clerks to write his opinions. I cannot accept this invitation, for I do not believe that the meaning of the Constitution was forever "fixed" at the Philadelphia Convention. Speech delivered on September 6, 1990, before the Annual Judicial Conference of the Second Circuit, quoted in Supreme Justice Speeches and Writings Thurgood Marshall. United States Constitution, Art. And so, nearly seven decades after the Constitutional Convention, the Supreme Court reaffirmed the prevailing opinion of the Framers regarding the rights of Negroes in America. Thurgood Marshall was a great African American Civil Rights activist who changed a lot of lives in the United States. Thurgood Marshall : his speeches, writings, arguments, opinions, and reminiscences. We know that it actually lasted a good deal longer, as the Framers possessed no monopoly on the ability to trade moral principles for selfinterest. Thurgood Marshall was an American lawyer and civil rights activist who served as Associate Justice of the Supreme Court of the United States from October 1967 until October 1991. May 6, 1987 – Thurgood Marshall Delivers His Famous “Bicentennial Speech” Posted on 05/06/2009 by rhapsodyinbooks Thurgood Marshall, born in Baltimore, Maryland on July 2, 1908, was the first African American to serve on the U.S. Supreme Court. This speech Thurgood Marshall gave in 1987 was part of the constitutional bicentennial celebration. Pennsylvania's Gouverneur Morris provides an example. These omissions were intentional. Moral principles against slavery, for those who had them, were compromised, with no explanation of the conflicting principles for which the American Revolutionary War had ostensibly been fought: the selfevident truths "that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." In fact, he wrote the final draft of the Constitution, the very document the bicentennial will commemorate. They could not have imagined, nor would they have accepted, that the document they were drafting would one day be construed by a Supreme Court to which had been appointed a woman and the descendent of an African slave. 294 Copy quote History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure. Thurgood Marshall Former Justice of the Supreme Court of the United States July 4, 1992 Independence Hall Philadelphia, PA *** It is a pleasure to speak here on the anniversary of our Nation’s independence. For a sense of the evolving nature of the Constitution we need look no further than the first three words of the document’s preamble: ‘We the People.” When the Founding Fathers used this phrase in 1787, they did not have in mind the majority of America’s citizens. The record of the Framers’ debates on the slave question is especially clear: The Southern States acceded to the demands of the New England States for giving Congress broad power to regulate commerce, in exchange for the right to continue the slave trade. I cannot accept this invitation, for I do not believe that the meaning of the Constitution was forever "fixed" at the Philadelphia Convention. Despite this clear understanding of the role slavery would play in the new republic, use of the words "slaves" and "slavery" was carefully avoided in the original document. Thurgood Marshall Essay 1578 Words | 7 Pages. 1, 52 (Sept. 17, 1787). Otherwise, the odds are that for many Americans the bicentennial celebration will be little more than a blind pilgrimage to the shrine of the original document now stored in a vault in the National Archives. we are to “recall the achievements of our Founders and the knowledge and experience that inspired them, the nature of the government they established, its origins, its character, and its ends, and the rights and privileges of citizenship, as well as its attendant responsibilities.” Commission on the Bicentennial of the United States Constitution, First Report, at 6 (September 17, 1985). (Lee Hulteng/KRT ... Reagan had used his State of the Union speech to laud the Constitution as … The planned commemoration will span three years, and I am told 1987 is “dedicated to the memory of the Founders and the document they drafted in Philadelphia.” Commission on the Bicentennial of the United States Constitution, First Full Year’s Report, at 7 (September 1986). Neither race nor color nor frustration is an excuse for either lawlessness or anarchy. Thurgood Marshall delivered a speech on “The Legal Attack to Secure Civil Rights,” at the National Association of the Advancement of Colored People Wartime Conference, in Chicago, Illinois, during July 1944. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today. But they nevertheless set an unfortunate example. It took a bloody. Former Justice of the Supreme Court of the United States. Marshall was born in Baltimore, Maryland. The original intent of the phrase, "We the People," was far too clear for any ameliorating construction. Speeches The Legal Attack to Secure Civil Rights. For a sense of the evolving nature of the Constitution we need look no further than the first three words of the document's preamble: 'We the People." United States Constitution, Art. The award recognizes similar long-term contributions by other members of the legal … They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race…; and so far inferior, that they had no rights which the white man was bound to respect; and that the Negro might justly and lawfully be reduced to slavery for his benefit…. Nor do I find the wisdom, foresight, and sense of justice exhibited by the Framers particularly profound. Thurgood Marshall gave a speech on November 18, 1978, at the instillation of Wiley Branton as the dean of Howard Law School, where Thurgood Marshall earned his … And yet Gouverneur Morris eventually accepted the threefifths accommodation. Slaves could be imported, if the commercial interests of the North were protected. 1, 52 (Sept. 17, 1787). When contemporary Americans cite "The Constitution," they invoke a concept that is vastly different from what the Framers barely began to construct two centuries ago. They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race...; and so far inferior, that they had no rights which the white man was bound to respect; and that the Negro might justly and lawfully be reduced to slavery for his benefit.... [A]ccordingly, a Negro of the African race was regarded ... as an article of property, and held, and bought and sold as such.... 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