Remarks of Thurgood Marshall At The Annual Seminar of the San Francisco Patent And Trademark Law Association
1 2020-03-31T20:31:25+00:00 Connor McIntyre 3b03f887c7632fe25666bb58c67c4f18db76c645 68 1 A speech by Thursgood Marshall, often referred to as his bicentennial speech. plain 2020-03-31T20:31:25+00:00 Connor McIntyre 3b03f887c7632fe25666bb58c67c4f18db76c645This page is referenced by:
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Viewing American History from the Supreme Court's POV, Connor McIntyre
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Introduction:
American History, isn't limited to America. The history of the nation has been intertwined with the rest of the world through the values of freedom and liberty being echoed all around the world, and nothing exemplifies this more than the Civil Rights Movement. Nikhil Pal Singh, a NYU historian argues in his book Black is a Country, although the movement was based in America, the movement was really centered around anti-imperialism and demanding equality for all internationally. He says that, "Black freedom dreams had a habit of exceeding the sanctioned boundaries and brokered compromises of the established political order." These dreams weren't limited to ending the Jim Crow laws, these dreams united African Americans with all people who are struggling the battle for equality. While America may be the founder of the modern view of freedom, they struggled to implement it within their own country and lead by example for centuries. These 'Black Freedom Dreams" essentially challenged America's ability to lead the world in the fight for equality.
However, the United States controversial history is the reason why the country is most equipped to help fight equality internationally. In "Why a Nation Needs a National Story," Jill Lepore (a Ph.D. Harvard historian), would quote Thomas Bender (a historian at the University of California, Davis) that, "A history in common is fundamental to sustaining the affiliation that constitutes national subjects." She would also go on to say that that a national defined history unites a common group of people based on a nations ideas, hopes, and dreams. Therefore, with the aforementioned 'Black Freedom Dreams,' the United States is the best country to fight for human equality, and a clear example of this is Thurgood Marshall. Marshall served as a lawyer for the NAACP, and then as the first African American in the Supreme Court. In what is often referred to as his "Bicentennial Speech" he describes the Constitution as a "Living document." "We the People" and it's ideas of freedom and equality did not extend to African Americans, but later amendments would change the framework to include them.
Marshall was one of the lawyers on one of the biggest cases in American history. He fought the Supreme Court in Brown V Board of Education. Marshall fought in the very case that sought to reinterpret the constitution to begin eliminating segregation in the United States.
The smile on their faces, and their handshake demonstrating unity in the face of injustice in the United States shows that America can change, and improve on itself in every fashion possible. Even if the country is still changing and improving itself today, we are nevertheless progressing forwards. The progression from slavery to freedom, to fighting for a new interpretation of the Constitution is a demonstration that America can eventually, become the best version of itself and exemplify it's core values.
Along with this, after his success in Brown V Board of Education, Thurgood Marshall was asked by the UN to help draft a Constitutions or Declaration of Independence for Ghana, present day Tanzania, and Kenya. Marshall quoted word for word, parts of the Declaration of Independence or Constitution depending on what document he was helping draft for the country (He quoted America's Constitution in Ghana's Constitution, and America's Declaration of Independence in Kenya's Independence Document).His work in these countries helped develop and establish the ideas of freedom, liberty and equality in their core foundations. With Marshall's initial framework, these three countries are in great places to improve. They aren't perfect and will need help to further develop and truly live up to these ideas. Given its history, the United States can help these countries progress at a much faster rate. The United States, being united by the common values, and understanding its history allows them to aid other countries and progress much faster than the US did itself. Integrating part of the US's fundamental documents into other countries is a ground for connections not only as humans, but a bond based on the common ground of our ideas.
Marshall is just one demonstration of the connection that the Civil Rights Movement has internationally. The idea of freedom, liberty, and equality for all are not limited to the United States. They are international, and need some assistance from the United States to help other countries further advance these core values. It also demonstrates the international presence Civil Rights had during this time, as the United States was not the only country dealing with a movement like this at this time. While Marshall can be this spark for the three African countries, some other countries need guidance to begin progressing, in a manner that is more timely and modern.Teaching:
Reading the speech by Thurgood Marshall and seeing the image of the three smiling lawyers united is an effective way of demonstrating the perspective of the Supreme Court and Lawyers. As the primary interpreters of the core documents of this country, it is helpful to understand their perspective on the US history. This could be helpful to future lawyers, but more useful towards students who think the Government is slow and incompetent. Seeing the members of the Government working to amend changes and their thoughts in doing so is a way to remedy this perspective. Also, Marshall's future roles beyond lawyer show that the values of the United States are international, and many countries and people find common ground in this. The Constitution is a changing document that is always progressing towards providing equal rights for all humans, not just in America, or in Ghana, but internationally.Digital Research Process:
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