Southern school desegregation after Brown progressed through four successive stages. The first might be termed absolute defiance, lasting from 1955 until the collapse of Virginia’s massive resistance in 1959. The second was token compliance, stretching from 1959 until passage of the 1964 Civil Rights Act. With that act, a third phase of modest integration began with the efforts of southern school officials to avoid fund cutoffs by the Department of Health, Education, and Welfare. The 1968 Supreme Court decision of Green v. County School Board commenced a fourth phase of massive integration during which the South became the most integrated section of the country. Yet even as the fourth phase developed, a fifth—that of resegregation— was emerging in some southern localities. Breaks in history, of course, are never so neat as their chroniclers might wish. During the defiant stage, for example, North Carolina, Tennessee, Texas, and Florida practiced token compliance. And during much of the token compliance stage, Mississippi, Alabama, and South Carolina practiced total defiance. The different phases thus express only regional momentum as a whole and not the progress, or lack thereof, of a particular state. Even as a gauge of regional momentum, moreover, these phases are imperfect, given wide differences in temperament between the Deep and Upper South. These differences, particularly at first, were important. “In terms of immediate progress toward desegregation in the South,” noted Numan Bartley, “there was precious little to choose between the complex machinations of upper South states and the bellicose interposition of Virginia and the Deep South. But in terms of the future of the Brown decision, the difference was considerable. States of the upper South, with the exception of Virginia, accepted the validity of the Supreme Court decree and aimed to evade its consequences; Deep South states refused to accede any legitimacy to the decision.” Prior to the Kennedy presidency, this division “helped to keep alive the principle of Brown v. Board of Education in the South.” From 1955 to 1968 the Supreme Court remained largely inactive in school desegregation.
Sanctuary Cities: A Study in Modern Nullification?