Published online by Cambridge University Press: 27 April 2009
Scholars assessing Richard Nixon's contribution to the desegregation of Southern schools have often been unimpressed. His biographer Stephen Ambrose concedes that there was some White House contribution, but observes that “Nixon had to be hauled kicking and screaming into desegregation on a meaningful scale, and he did what he did not because it was right but because he had no choice.” The political scientist Michael Genovese concurs, telling us that Nixon sought to “withdraw the federal government from its efforts at desegregation.” A recent civil rights dictionary concludes that this was “the first successful presidential candidate to be opposed to civil rights enforcement,” adding that “many of his tactics thwarted the furthering of school desegregation.” The noted civil rights historian, William Chafe, meanwhile, contends that “Nixon repeatedly demonstrated his commitment to the politics of polarization”; “continued to embrace” southern evasions that “had been invalidated by the Supreme Court”; and used “the power of the presidency to delay, if not halt completely, federally imposed school desegregation.” And Kevin O'Reilly, in an overview of presidential leadership on civil rights, finds the 37th president to have been essentially indistinguishable from the race-baiting George Wallace. Nixon resented the Alabamian, he reveals, because “he wanted the gutter all to himself.” Considering a number of contenders, he concludes that “school desegregation emerged as the administration's most important and enduring (anti)civil rights crusade.”
1. Ambrose, Stephen, Nixon: The Triumph of a Politicians, 1962–1972 (New York, 1989), 408.Google Scholar
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3. Raffel, Jeffrey A., A Historical Dictionary of School Segregation and Desegregation (Westport, Conn., 1998), 185.Google Scholar
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7. Johnson's strong personal commitment to desegregation is recalled and emphasized by all of those who worked for him in this area, including secretaries for Health, Education, and Welfare, John W. Gardner and Wilbur J. Cohen; commissioners of education, Francis Keppel and Harold W. Howe II; and his top education aide at the White House, Douglass Cater. See Gardner, oral history for Lyndon B. Johnson Library (LBJL), dated December 20, 1971, 17–19; Cohen, oral history for LBJL, dated 3 March 1969, 14–15; Keppel, oral history for LBJL, dated 17 August 1972, 4; Howe, oral history for LBJL, dated 29 October 1968, 18; Cater, oral history for LBJL, dated 8 May 1969, 19. For a very different point of view, see Kotlowski, Dean, “With All Deliberate Delay: Kennedy, Johnson, and School Desegregation,” Journal of Policy History 17, no. 2 (2005): 155–192.Google Scholar
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12. Chester et al., American Melodrama, 512–17.
13. E-mail from Jerris Leonard to author, 16 May 2006.
14. Apprised of newspaper speculation that Finch was under pressure to relax the guidelines “in a furtive and quiet manner,” Nixon instructed his friend: “Bob—I want them relaxed in a direct, forthright manner.” Reported in Memo, Alexander Butterfield to Robert Finch, 26 March 1969, in White House Central Files (WHCF), HU2–1, box 8, Richard Nixon Presidential Project (Nixon Project), National Archives II, College Park, Md.
15. For the standard account, see Orfield, Gary, The Reconstruction of Southern Education (Washington, D.C., 1969).Google Scholar
16. This was Congressman James Martin (R-Ala.), quoted in Congressional Record, 5 October 1966, 25353.
17. For an example of southern outrage at the role of law students, see remarks by Senator Spessard Holland (D-Fla.), in Congressional Record, 28 September 1966, 24295–97.
18. Cited in U.S. v Jefferson County (5th Circuit Court of Appeals, 1966), 372 F.2d at 855.
19. Panetta, Leon, Bring Us Together: The Nixon Team and the Civil Rights Retreat (Philadelphia, 1971), 197, 222.Google Scholar
20. Briggs v Elliott (E.D. South Carolina, 1955), 132 F. Supp. At 777.
21. 372 F.2d at 859 (emphasis in original).
22. 391 U.S. at 439 (emphasis in original).
23. Haldeman, H. R., The Haldeman Diaries: Inside the Nixon White House, CD-ROM version (Santa Monica, Calif., 1994), entry for 21 February 1969.Google Scholar
24. Finch's letter is reproduced in Panetta, Bring Us Together, 255.
25. Ibid., 262.
26. See Evans, Rowland and Novak, Robert, Nixon in the White House: The Frustration of Power (New York, 1971), 152–159.Google Scholar
27. New York Times, 27 August 1969, 1; 11 September 1969, 21.
28. Alexander v Holmes, 396 U.S. at 20.
29. See articles from the Atlanta Constitution, 16 December 1969, and the Washington Post, 18 December 1969, reproduced in Congressional Record, 19 December 1969, 40332.
30. See Memo, Harlow to Nixon, 11 February 1970, in President's Office File (POF), box 5, Nixon Project.
31. For the “clowns” remark, see Moynihan's notes on a meeting with Nixon and Mitchell, 18 September 1969, in Moynihan papers, box 226, Library of Congress, Washington, D.C. Nixon's comments at the legislative leadership meeting are reproduced in Buchanan to Nixon, memo, 17 February 1970, POF, box 80, Nixon Project.
32. Handwritten note to Ehrlichman, appended to Buchanan to Nixon, memo, 30 January 1970, POF, box 5, Nixon Project.
33. See Nixon's marginal comments on a memo from Buchanan about the resegregation issue, dated 30 January 1970, in POF, box 5, Nixon Project. See also his remarks to black political appointees, recorded in memo, Robert Brown to President's File, 5 March 1970, POF, box 80, Nixon Project.
34. Ehrlichman meeting notes, 9 January 1970, in Ehrlichman office files, box 1, Nixon Project.
35. Notes by Daniel Patrick Moynihan on Garment's comments at a staff meeting (presumably of the Urban Affairs Council), 17 September 1969, in Moynihan papers, box 226.
36. Evans and Novak, Nixon, 156.
37. See Ambrose, Nixon: The Triumph of A Politician, 248–49.
38. News summary, week of 12–18 January 1970, POF, box 31, Nixon Project.
39. Ehrlichman meeting notes, 9 February 1970, Ehrlichman office files, box 1, Nixon Project.
40. Harlow to Staff Secretary, memo, 11 February 1970 (containing notes of a meeting between Nixon, Mitchell, and Harlow), POF, box 80, Nixon Project.
41. Harlow to Nixon, memo, 11 February 1970, POF, box 5, Nixon Project, with Nixon's marginal comments appended.
42. Buchanan to Nixon, memo, 30 January 1970. This memo is not available in the Nixon Project but is reproduced in Garment, Leonard, Crazy Rhythm (New York, 1997), 206.Google Scholar
43. Ibid., 207.
44. Pat Buchanan, draft 3, dated 12 February 1970, in Ehrlichman office files, box 30, Nixon Project.
45. See Haldeman, Haldeman Diaries, entry for 16 February 1970.
46. Ibid., entry for 17 February 1970.
47. The formal head of the CCE was Spiro Agnew, but Shultz recalls that he “wanted no part of this effort and declined to participate.” See Shultz, “Pages from History: Reflections on Some Experiences with President Richard Nixon,” speech delivered at Nixon Library, 9 January 2003, p. 5. I am grateful to Dr. Shultz for furnishing me with a copy of these remarks.
48. Ehrlichman notes on Nixon meeting with him and Haldeman, 19 March 1970, in Ehrlichman office files, box 3; John Brown to John Ehrlichman, memo, 3 March 1970, Ehrlichman office files, box 30, Nixon Project.
49. Carter, Dan, The Politics of Rage: George Wallace, The Origins of the New Conservatism, and the Transformation of American Politics (New York 1995), 399.Google Scholar
50. Column by Richard Wilson in the Washington Star, 11 February 1970, cited in news summary, with Nixon's annotation, POF, box 31, Nixon Project. See also Nixon's marginal comments on news summary, n.d. but January 1970, in same box. He underlined Wallace's prediction that Nixon would be “a one-term President.”
51. Evans and Novak, Nixon, 174. Thurmond's former aide, Harry Dent, was keen to stoke Nixon's anxiety about Wallace. See, for example, his memo to Nixon, 19 January 1970, in Ehrlichman office files, box 30, Nixon Project.
52. See Ehrlichman's notes on the meeting, 4 August 1970, in Ehrlichman office files, box 4. See also Garment's summary in memo to Nixon, 5 August 1970, POF, box 7, Nixon Project.
53. Harlow to Staff Secretary, memo, 21 February 1970, reporting their 19 February conversation. White House Central File (WHCF), HU2–1, box 9, Nixon project. Russell had won his first elective office in 1921.
54. The reporter was William McIlwain. Wilkinson, J. Harvie, From Brown to Bakke: The Supreme Court and School Integration: 1954–1978 (New York, 1981), 122–123.Google Scholar
55. Haldeman Diaries, entry for 17 February 1970. Events in Lamar were covered in Nixon's news summary for 4 March 1970, in POF, box 31, Nixon Project.
56. Nixon to Haldeman, Ehrlichman, Kissinger, memo, 2 March 1970, in Haldeman office files, box 138, Nixon Project.
57. See Ehrlichman's notes on a meeting with Nixon and Haldeman, 9 January 1970, Ehrlichman office files, box 3, Nixon Project.
58. Haldeman Diaries, entry for 7 April 1970.
59. James Keogh, notes on cabinet meeting, 5 November 1969, in POF, box 79, Nixon Project.
60. Nixon, Richard, RN: The Memoirs of Richard Nixon (New York 1978), 267–268;Google Scholar and Safire, William, Before the Fall: An Inside View of the Pre-Watergate White House (Garden City 1975), 127.Google Scholar
61. Moynihan to Staff Secretary, memo, 5 March 1970, WHCF HU2–1, box 9, Nixon Project. (Emphasis added.)
62. Moynihan to Nixon, memo, 9 May 1970, POF, box 6, Nixon Project. On 4 May 1970, Ohio National Guardsmen had shot dead four students at Kent State University, during one of the many antiwar demonstrations that were taking place on American campuses following the invasion of Cambodia. So febrile was the political climate at this time that Moynihan urged Nixon to consider forming a national government.
63. Moynihan to Nixon, memo, 30 June 1970, in POF, box 6, Nixon Project.
64. Ehrlichman's notes of phone conversation with Nixon, 12 February 1970, Ehrlichman office files, box 3, Nixon Project. See also the Haldeman diaries, which, from this time on, are full of negative characterizations of Agnew.
65. Memo, Nixon to Haldeman, 25 May 1970, Haldeman Papers, box 138; Kotlowski, Nixon's Civil Rights, 21.
66. Ehrlichman's notes on a meeting between Nixon, Haldeman, and himself, 19 March 1970, in Ehrlichman office files, box 3, Nixon Project.
67. Safire, Before the Fall, 305.
68. Letter from Shultz to author, 5 June 2006.
69. The Senate, Nixon charged, was not prepared to confirm anyone “who believes as I do in the strict construction of the Constitution.” “As long as the Senate is constituted the way it is today,” he added, “I will not nominate another Southerner and let him be subjected to the kind of malicious character assassination accorded both Judges Haynsworth and Carswell.” Congress and the Nation: 1969–1972 (Washington, D.C., 1973), 297.Google Scholar
70. Gallup, George, ed., The Gallup Poll: Public Opinion, 1935–1971 (New York, 1972), 3:2257.Google Scholar
71. Nixon, , “Statement about Desegregation of Elementary and Secondary Schools,” 24 03 1970, Public Papers of the Presidents: Richard M. Nixon—1970 (Washington, D.C., 1971), 304, 305, 314Google Scholar. That speech was followed in short order by a number of measures designed to emphasize the administration's determination: the Justice department launched fifty-two new desegregation lawsuits, all on the same day; HEW announced three funding cutoffs; and the IRS made its ruling about tax exemptions for private schools.
72. New York Times, 17 July 1970, 1.
73. Ibid., 18 July 1970, 10.
74. Nixon, RN, 442–43.
75. He told Ehrlichman that he would like to “wring Jerry Leonard's neck.” Ehrlichman meeting notes, 4 August 1970, Ehrlichman office files, box 4, Nixon Project.
76. These references were dutifully recorded by Ehrlichman in ibid.
77. Originally, it was called the Cabinet Committee on School Desegregation, but this was felt to be too inflammatory.
78. Garment, Leonard, Crazy Rhythm (New York 1997), 207.Google Scholar
79. Eight-page supplement, produced by Citizens' Committee, in the Greenville News, 3 February 1970. Copy in Records of Cabinet Committee on Education (CCE), carton 5, Nixon Project.
80. Charlotte Observer, 18 February 1970. Copy in ibid.
81. His 1966 inaugural address focused centrally on “knowledge” as being “the great equalizer of our time,” bringing with it “an atmosphere of mutual respect.” Orfield, Gary, The Reconstruction of Southern Education (New York 1969), 234.Google Scholar
82. Garment, Crazy Rhythm, 215.
83. Robert Mardian, cited in CCE History, CCE Records, carton 4, Nixon Project.
84. Quoted in ibid., 15, 60–61.
85. Gray to CCE, memo, 15 June 1970, in Finch office files, box 3, Nixon Project.
86. Mardian to Spiro Agnew, memo, 6 July 1970, Finch office files, box 4, Nixon Project.
87. Gray to CCE, memo, 29 June 1970, in ibid.
88. Greenville News, 18 August 1970, in CCE Records, carton 2, Nixon Project.
89. Garment, Crazy Rhythm, 215; Mardian to Agnew, memo, 18 September 1970, in ibid.
90. For transcripts of all six broadcasts, see ibid.
91. Infoflow, 26 August 1970, in ibid.
92. Ibid.
93. Birmingham News, 23 August 1970, in ibid.
94. Delta Democrat Times, 5 August 1970, attached to Infoflow, 26 August 1970, in ibid.
95. Price, Raymond, With Nixon (New York, 1977), 207.Google Scholar
96. Shultz, George, Turmoil and Triumph: My Years as Secretary of State (New York, 1993), 1046.Google Scholar
97. Price, With Nixon, 208.
98. Shultz, Turmoil and Triumph, 1048.
99. Columbia State, 31 July 1970, in Finch office files, box 4. Nixon Project.
100. National Observer, 9 February 1970, in CCE Records, carton 5, Nixon Project.
101. Patterson, James T., Brown v Board of Education: A Civil Rights Milestone and Its Troubled Legacy (New York, 2001), 155.Google Scholar
102. News transcripts from WTOP, 31 August 1970; ABC News, 27 August 1970; NBC News, 3 September 1970; WTTG, 31 August 1970. All in CCE Records, carton 3, Nixon Project.
103. Congressional Record, 29 April 1970, 13478; Dallas Tribune, 4 April 1970, in Leonard Garment office files, box 81, Nixon Project.
104. Minneapolis Tribune, 29 March 1970, in CCE Records, carton 5, Nixon Project.
105. News report on WETA, 12 August 1970, transcript in CCE Records, carton 3, Nixon Project.
106. Copy of NAACP statement in papers of Leadership Conference on Civil Rights, Library of Congress, Series I, box 71; Time, 13 July 1970, accessed from www.time.com on 18 March 2007.
107. ABC News, 25 August 1970, CCE records, carton 5, Nixon Project.
108. New York Times, 13 October 1970, 1.
109. UPI Teletype, 13 November 1970, in CCE records, carton 2, Nixon Project.
110. UPI Teleype, 19 October 1970, in ibid. This was the Adams case, on which see Halpern, Stephen, On the Limits of the Law: The Ironic Legacy of Title VI of the Civil Rights Act of 1964 (Baltimore, 1995).Google Scholar
111. In some respects, the gains have not been sustained. The proportion of African American children attending white-majority schools in the South almost reached 45 percent during the 1980s, but then fell back to 35 percent by 1995. On the other hand, the South since 1970 has been the most integrated region of the country. For a balanced assessment of resegregation, see Patterson, Brown v.Board of Education 175–205, 227–35.