The Bricks Before Brown v. Board of Education: A Comparative, Historical Study of Race, Class, and Gender in Chinese American, Native American, and Mexican American School Desegregation Cases, 1885-1947 Público
Martinez-Cola, Marisela (Spring 2018)
Published
Abstract
Brown v. Board of Education, the 1954 Supreme Court case which declared the “separate but equal” doctrine of Plessy v. Ferguson unconstitutional, represents a watershed moment in the United States. Because of its sacrosanct place within Civil Rights canon, much of the research regarding Brown has been limited to the 50s, situated in the South, and analyzed through the Black/White lens of race. In an attempt to generate a more inclusive and intersectional narrative of the school desegregation movement in the United States, the author examines three significant cases, filed before Brown, that represent racial communities whose contributions have been overlooked, omitted, or understudied within law, history, and sociology. Through archival research, interviews, and field visits, the author shares the stories of Tape v. Hurley, an 1885 case involving Chinese American children, Piper v. Big Pine, a 1924 case involving Native American children, and Mendez v. Westminster, a 1947 case involving Mexican American children to compare how race, gender, and class were constructed similarly and separately across the cases. Using a comparative historical, case study approach that relies on Critical Race Theory, Controlling Images, and the Politics of Respectability, the author finds that the road to Brown is not only raced but also gendered, classed, and aged in complicated, connected, and expected ways.
Table of Contents
CHAPTER 1: INTRODUCTION
CHAPTER 2: STUDIED SEPARATELY AND UNEQUALLY
Literature Review: Studied Separately and Unequally
Three Theoretical Frameworks
Critical Race Theory, its Intellectual Offspring, and Race
Controlling Images, Gender, and Class
The Politics of Respectability and Class
Conclusion
CHAPTER 3: THE 101 BRICKS BEFORE BROWN
The Legal and Historical Beginning of "Separate but Equal"
From Pre-Plessy (1849-1896) to Pre-Brown (1896-1954)
The Native American Bricks
McMillan v. School Committee District No. 4 (1890): Negro...not Indian
Crawford v. School District No. 7 (1913): Wholly White
Moreau v. Grandich (1917): "Slight strain of red blood"
Piper v. Big Pine (1924): Citizenship vs. Race
Peters v. Pauma (1928): Race vs. Land
Were these precedent setting cases?
The Chinese American Bricks
Tape v. Hurley (1885) The Power of the Legislature
Wong Him v. Callahan (1902): Legislation upheld
The Settle Law of the South
Gong Lum v. Rice (1927): Constitutionally Colored
Bond v. Tij Fung (1927): Substantially Similar
The Mexican American Bricks
Mendez v. Westminster (1947)
Gonzales v. Sheely (1951)
Why Tape, Piper, and Mendez?
Conclusion
CHAPTER 4: THE OMITTED, THE FORGOTTEN, AND THE NEARLY
The Tapes, The Omitted
The Pipers, The Forgotten
First, what The Papers Say
Second, what the People Say
The Mendez', The Nearly
The Community: Testimony from the Families
The Victory that Nearly Was
Conclusion
CHAPTER 5: THE COMPLICATED CASE OF RACE
Critical Race Theory, its Intellectual Offspring, and Race
Development of LatCrit
Cloaks, Wedges, and Whiteness: Mexicans and Race
Development of AsianCrit
Miners, Models, and Middlemen: Asian American and Race
Development of TribalCrit
Authenticity, Assimilation, and Absence: Native Americans and Race
Application of Theory
AsianCrit and Tape
TribalCrit and Piper
LatCrit and Mendez
The Role of Class
An Alternative Theory: The U.S. Racial Abacus Model
Conclusion
CHAPTER SIX: FIGHTING FATHERS AND PRETTY LITTLE PLAINTIFFS
The Power and Purpose of Controlling Images
The Presence and Pervasiveness of Controlling Images
Pagans, Prostitutes, and Poor Creatures
Savages, Squaws, and Sacrificial Maidens
Mamacitas, Malinches, and Mentally Inferior
Parents, Pianos, and the Politics of Respectability
Fighting Fathers
Mamie Tape: "As well as...an American girl."
Alice Piper: "A person of good habits and character"
Sylvia Mendez: "Just as good as he is!"
Conclusion
CHAPTER 7: SCHOLARLY CONTRIBUTIONS AND FUTURE DIRECTIONS
Overall Scholarly Contributions and Future Projects
Potential as Course Materials
Conclusion
About this Dissertation
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