Berea College v. Kentucky
Encyclopedia
Berea College v. Kentucky , was a significant case argued before the United States Supreme Court that upheld the rights of states to prohibit private educational institutions chartered as corporations from admitting both black
and white students. Like the related Plessy v. Ferguson
case, it was also marked by a strongly worded dissent by John Marshall Harlan
. The ruling also is a minor landmark on the nature of corporate personhood
.
is a coeducational and desegregated school founded in 1855, admitting both blacks and whites students and treating them without discrimination
. In 1904, the "Day Law" was passed by the Kentucky
legislature
, prohibiting any person, group of people, or corporation from the teaching of black and white students in the same school, or from running separate branches of a school for the teaching of black and white students within twenty-five miles of each other. Since at the time Berea was the only such integrated school in Kentucky (and the only such college in the South), it was clearly the target of this law. After Berea College's challenge to the law failed before the Kentucky Court of Appeals
(although the distance provision was struck down), the case was appealed to the U.S. Supreme Court
.
delivered the main opinion that as the corporation
in question was chartered under the laws of the state of Kentucky, it was within the rights of the state to make such prohibition to the college. While the state might not have the right to thus restrict the actions of private individuals, that portion of the law was a separate issue, and not under direct consideration; and that the rights and restrictions on individuals were not necessarily the same as for corporations.
Justice Harlan vigorously dissented, arguing that the formal title of the law, "An Act to Prohibit White and Colored Persons from Attending the Same School," and the nature of its provisions made clear that no such distinction between individual and corporate restriction existed in the intentions of the legislators, and that the separate consideration of those aspects of the law was not appropriate. Harlan furthermore declared, "The capacity to impart instruction to others is given by the Almighty for beneficent purposes and its use may not be forbidden or interfered with by Government—certainly not, unless such instruction is, in its nature, harmful to the public morals or imperils the public safety. The right to impart instruction, harmless in itself or beneficial to those who receive it, is a substantial right of property—especially, where the services are rendered for compensation. But even if such right be not strictly a property right, it is, beyond question, part of one's liberty as guaranteed against hostile state action by the Constitution of the United States."
, shortly prior to the Brown v. Board of Education
case which struck down racial segregation
.
Black people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...
and white students. Like the related Plessy v. Ferguson
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
case, it was also marked by a strongly worded dissent by John Marshall Harlan
John Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...
. The ruling also is a minor landmark on the nature of corporate personhood
Corporate personhood
Corporate personhood is the status conferred upon corporations under the law, which allows corporations to have rights and responsibilities similar to those of a natural person. There is a question about which subset of rights that are afforded to natural persons should also be afforded to...
.
The case
Berea CollegeBerea College
Berea College is a liberal arts work college in Berea, Kentucky , founded in 1855. Current full-time enrollment is 1,514 students...
is a coeducational and desegregated school founded in 1855, admitting both blacks and whites students and treating them without discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
. In 1904, the "Day Law" was passed by the Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, prohibiting any person, group of people, or corporation from the teaching of black and white students in the same school, or from running separate branches of a school for the teaching of black and white students within twenty-five miles of each other. Since at the time Berea was the only such integrated school in Kentucky (and the only such college in the South), it was clearly the target of this law. After Berea College's challenge to the law failed before the Kentucky Court of Appeals
Kentucky Court of Appeals
The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky....
(although the distance provision was struck down), the case was appealed to the U.S. Supreme Court
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...
.
The decision
The Supreme Court ruled in favor of the state. Justice BrewerDavid Josiah Brewer
David Josiah Brewer was an American jurist and an Associate Justice of the U.S. Supreme Court for 20 years.-Early life:...
delivered the main opinion that as the corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
in question was chartered under the laws of the state of Kentucky, it was within the rights of the state to make such prohibition to the college. While the state might not have the right to thus restrict the actions of private individuals, that portion of the law was a separate issue, and not under direct consideration; and that the rights and restrictions on individuals were not necessarily the same as for corporations.
Justice Harlan vigorously dissented, arguing that the formal title of the law, "An Act to Prohibit White and Colored Persons from Attending the Same School," and the nature of its provisions made clear that no such distinction between individual and corporate restriction existed in the intentions of the legislators, and that the separate consideration of those aspects of the law was not appropriate. Harlan furthermore declared, "The capacity to impart instruction to others is given by the Almighty for beneficent purposes and its use may not be forbidden or interfered with by Government—certainly not, unless such instruction is, in its nature, harmful to the public morals or imperils the public safety. The right to impart instruction, harmless in itself or beneficial to those who receive it, is a substantial right of property—especially, where the services are rendered for compensation. But even if such right be not strictly a property right, it is, beyond question, part of one's liberty as guaranteed against hostile state action by the Constitution of the United States."
Aftermath
The result of the ruling was to allow states to prohibit integrated schooling in private institutions, as well as in public schools. Kentucky eventually amended the Day Law in 1950 to allow voluntary integrationRacial 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...
, shortly prior to the Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
case which struck down racial segregation
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...
.
See also
- Civil Rights CasesCivil Rights CasesThe Civil Rights Cases, 109 U.S. 3 , were a group of five similar cases consolidated into one issue for the United States Supreme Court to review...
, - Brown v. Board of EducationBrown v. Board of EducationBrown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
of Topeka, - List of United States Supreme Court cases, volume 211
External links
- Bernstein, David E. Lochner vs. Plessy: The Berea College Case, 25 J. Sup. Ct. Hist. 93 (2000)
- Berea College v. Kentucky - info