Cooper v. Aaron
Encyclopedia
Cooper v. Aaron, 358 U.S. 1 (1958), was a landmark decision
of the Supreme Court of the United States
, which held that the states were bound by the Court's decisions, and could not choose to ignore them.
formulated a plan to desegregate
its schools. Meanwhile, other school districts in the state opposed the Supreme Court's rulings and attempted to find ways to perpetuate segregation. The Arkansas state legislature
amended the state constitution
to oppose desegregation, and then passed a law relieving children from mandatory attendance at segregated
schools. The school board of Little Rock nevertheless continued with the desegregation program. On February 20, 1958, five months after the integration crisis involving the Little Rock Nine
, members of the school board (along with the Superintendent of Schools) filed suit in the United States District Court for the Eastern District of Arkansas
, urging suspension of its plan of desegregation. They alleged that public hostility to desegregation and the opposition of Governor Orval Faubus
and the state legislature created an intolerable and chaotic situation. The relief the plaintiff
s requested was for the African-American children to be returned to segregated schools and for the implementation of the desegregation plan to be postponed for two and a half years. The district court granted the school board's request, but the United States Court of Appeals for the Eighth Circuit
reversed. Prior to the Eighth Circuit's decision, the Supreme Court had denied the defendant
s' request to decide the case without waiting for the appeals court to deliberate on the case.
state government to racial integration
in both word and deed. Nonetheless, it was constitutionally impermissible under the Equal Protection Clause
to maintain law and order by depriving the black students their equal rights under the law.
More importantly, the Court held that since the Supremacy Clause
of Article VI
made the U.S. Constitution the supreme law of the land, and because Marbury v. Madison
gave the Supreme Court the power of judicial review, then the precedent set forth in Brown v. Board of Education is the supreme law of the land, and is therefore binding on all the states, regardless of any state laws contradicting it. The Court therefore rejected the contention that the Arkansas legislature and Governor were not bound by the Brown decision.
The Supreme Court rejected the doctrines of nullification
and interposition
, which had been invoked by segregationists. Segregation supporters argued that the states have the power to nullify federal laws or court rulings that they believe to be unconstitutional, and that the states could use this power to nullify the Brown decision. The Arkansas laws that attempted to prevent desegregation were Arkansas' effort to nullify the Brown decision. The Supreme Court held that the Brown decision "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes for segregation." Thus, Cooper v. Aaron held that state attempts to nullify federal law are ineffective.
Moreover, since public officials are required to swear an oath to uphold the Constitution (as per Article VI, Clause 3), for these same officials to ignore the Court's precedents is equal to a violation of that oath. Even though education is the responsibility of the state government, that responsibility must be carried out in a manner consistent with the requirements of the Constitution, particularly the Fourteenth Amendment
.
, in his law review article entitled The Law of the Constitution. There, Meese accused the Court of taking too much power for itself by setting itself up as the sole institution responsible for the interpretation of the Constitution. He wrote that while judicial interpretation of the Constitution binds the parties of the case, it should not establish a supreme law of the land which must be accepted by all persons.
Landmark decision
Landmark court decisions establish new precedents that establish a significant new legal principle or concept, or otherwise substantially change the interpretation of existing law...
of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, which held that the states were bound by the Court's decisions, and could not choose to ignore them.
Background of the case
In the wake of Brown v. Board of Education, the school district of Little Rock, ArkansasLittle Rock, Arkansas
Little Rock is the capital and the largest city of the U.S. state of Arkansas. The Metropolitan Statistical Area had a population of 699,757 people in the 2010 census...
formulated a plan to desegregate
Desegregation
Desegregation is the process of ending the separation of two groups usually referring to races. This is most commonly used in reference to the United States. Desegregation was long a focus of the American Civil Rights Movement, both before and after the United States Supreme Court's decision in...
its schools. Meanwhile, other school districts in the state opposed the Supreme Court's rulings and attempted to find ways to perpetuate segregation. The Arkansas state legislature
Arkansas General Assembly
The Arkansas General Assembly is the state legislature of the U.S. state of Arkansas. The legislature is a bicameral body composed of the upper house Arkansas Senate with 35 members, and the lower Arkansas House of Representatives with 100 members. All 135 representatives and state senators...
amended the state constitution
Arkansas Constitution
The Constitution of the State of Arkansas is the governing document of the U.S. state of Arkansas. It was adopted in 1874, shortly after the Brooks-Baxter War replacing the 1868 constitution that had allowed Arkansas to rejoin the Union after the conclusion of the American Civil War; the new...
to oppose desegregation, and then passed a law relieving children from mandatory attendance at segregated
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
schools. The school board of Little Rock nevertheless continued with the desegregation program. On February 20, 1958, five months after the integration crisis involving the Little Rock Nine
Little Rock Nine
The Little Rock Nine was a group of African-American students who were enrolled in Little Rock Central High School in 1957. The ensuing Little Rock Crisis, in which the students were initially prevented from entering the racially segregated school by Arkansas Governor Orval Faubus, and then...
, members of the school board (along with the Superintendent of Schools) filed suit in the United States District Court for the Eastern District of Arkansas
United States District Court for the Eastern District of Arkansas
The United States District Court for the Eastern District of Arkansas is the United States District Court whose jurisdiction comprises the following counties: Arkansas, Chicot, Clay, Cleburne, Cleveland, Conway, Craighead, Conway, Crittenden, Cross, Dallas, Dehsa, Drew, Faulkner, Fulton, Grant,...
, urging suspension of its plan of desegregation. They alleged that public hostility to desegregation and the opposition of Governor Orval Faubus
Orval Faubus
Orval Eugene Faubus was the 36th Governor of Arkansas, serving from 1955 to 1967. He is best known for his 1957 stand against the desegregation of Little Rock public schools during the Little Rock Crisis, in which he defied a unanimous decision of the United States Supreme Court by ordering the...
and the state legislature created an intolerable and chaotic situation. The relief the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s requested was for the African-American children to be returned to segregated schools and for the implementation of the desegregation plan to be postponed for two and a half years. The district court granted the school board's request, but the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
reversed. Prior to the Eighth Circuit's decision, the Supreme Court had denied the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s' request to decide the case without waiting for the appeals court to deliberate on the case.
The court's decision
In an opinion signed by every justice, the Court noted that the school board had acted in good faith, and that most of the problems stemmed from the official opposition of the ArkansasArkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
state government to racial integration
Racial integration
Racial integration, or simply integration includes desegregation . In addition to desegregation, integration includes goals such as leveling barriers to association, creating equal opportunity regardless of race, and the development of a culture that draws on diverse traditions, rather than merely...
in both word and deed. Nonetheless, it was constitutionally impermissible under the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
to maintain law and order by depriving the black students their equal rights under the law.
More importantly, the Court held that since the Supremacy Clause
Supremacy Clause
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...
of Article VI
Article Six of the United States Constitution
Article Six of the United States Constitution establishes the Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position and holds the United States under the...
made the U.S. Constitution the supreme law of the land, and because Marbury v. Madison
Marbury v. Madison
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
gave the Supreme Court the power of judicial review, then the precedent set forth in Brown v. Board of Education is the supreme law of the land, and is therefore binding on all the states, regardless of any state laws contradicting it. The Court therefore rejected the contention that the Arkansas legislature and Governor were not bound by the Brown decision.
The Supreme Court rejected the doctrines of nullification
Nullification (U.S. Constitution)
Nullification is a legal theory that a State has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional...
and interposition
Interposition
Interposition is an asserted right of U.S. states to declare federal actions unconstitutional. Interposition has not been upheld by the courts. Rather, the courts have held that the power to declare federal laws unconstitutional lies with the federal judiciary, not with the states...
, which had been invoked by segregationists. Segregation supporters argued that the states have the power to nullify federal laws or court rulings that they believe to be unconstitutional, and that the states could use this power to nullify the Brown decision. The Arkansas laws that attempted to prevent desegregation were Arkansas' effort to nullify the Brown decision. The Supreme Court held that the Brown decision "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes for segregation." Thus, Cooper v. Aaron held that state attempts to nullify federal law are ineffective.
Moreover, since public officials are required to swear an oath to uphold the Constitution (as per Article VI, Clause 3), for these same officials to ignore the Court's precedents is equal to a violation of that oath. Even though education is the responsibility of the state government, that responsibility must be carried out in a manner consistent with the requirements of the Constitution, particularly the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
Critical response
Many legal scholars criticized the Court's rationale in Cooper. Perhaps the most famous criticism of the case was that of former U.S. Attorney General Edwin MeeseEdwin Meese
Edwin "Ed" Meese, III is an attorney, law professor, and author who served in official capacities within the Ronald Reagan Gubernatorial Administration , the Reagan Presidential Transition Team , and the Reagan White House , eventually rising to hold the position of the 75th Attorney General of...
, in his law review article entitled The Law of the Constitution. There, Meese accused the Court of taking too much power for itself by setting itself up as the sole institution responsible for the interpretation of the Constitution. He wrote that while judicial interpretation of the Constitution binds the parties of the case, it should not establish a supreme law of the land which must be accepted by all persons.
Sources
- Farber, Daniel A.; Eskridge, William N., Jr.; Frickey, Philip P. Constitutional Law: Themes for the Constitution's Third Century. Thomson-West Publishing, 2003. ISBN 0-314-14353-X
- Hall, Kermit L. ed. The Oxford Companion to the Supreme Court of the United States, Second Edition. Oxford University Press, 2005. ISBN 978-0-19-517661-2
- Freyer, Tony A. Little Rock on Trial: Cooper v. Aaron and School Desegregation. Lawrence (KS), 2007.
External links
- Summary of case from OYEZ
- Encyclopedia of Arkansas History & Culture entry: Aaron v. Cooper