Running Head: THURGOOD MARSHALL: THE STRENGTH OF A LEADER Thurgood Marshall: The Strength of a Leader Stacey L. Rainbolt Virginia Commonwealth University 1 THURGOOD MARSHALL: THE STRENGTH OF A LEADER 2 Thurgood Marshall: The Strength of a Leader Perseverance through trial takes strong will and character. Thurgood Marshall faced daunting measures in becoming the first African-American Supreme Court justice. His character and will were heavily tested in facing his personal adaptive challenge. An adaptive challenge is a “challenge confronting a community or organization for which it has no preexisting resources, remedies, tools, solutions, or even the means for accurately naming and describing the challenge” (Drath, 2001, Loc. 335). Thurgood Marshall directly faced the adaptive challenge of advancing the agenda of racial equality in the United States. He faced those challenges in his personal life as an African-American man in the early 1900s; as a lawyer who successfully argued Brown v. Board of Education, which desegregated public schools; and in his nomination and seat as the first African-American United States Supreme Court justice. As a leader, Marshall used Bolman and Deal’s (2008) political framework to create his agenda for change. Leaders using the political frame do not put their efforts into resolution of a conflict, instead they focus on strategy and tactics for success (Bolman and Deal, 2008). This paper will analyze how effectively Thurgood Marshall faced his adaptive challenges at different stages of his career and examine how he used the political framework as a leader in each of these stages. Early Challenges Coming of age in the early 1900s, Thurgood Marshall faced the adaptive challenge of fighting for his own civil rights as he faced racial discrimination daily. Himself a student of racially segregated schools, Justice Marshall attended Lincoln University, a historically black college in Pennsylvania. Marshall describes Lincoln University as a “turning point in his life. Until then, he had been taught to go along with segregation and learn to take it” (Marshall as Jamie Arkin 11/13/13 10:53 AM Comment [1]: Excellent focused intro. I know exactly what to expect. THURGOOD MARSHALL: THE STRENGTH OF A LEADER 3 cited by Hengstler, 1992, p. 56). At Lincoln, however, his experiences taught him differently. “Lincoln University was a place where students argued over general principles. We discussed discrimination…why did we have to take it? Why shouldn’t we do something about it” (Hengstler, 1992, p. 56). This was a life-defining turning point for Marshall. He became empowered and willing to fight for his beliefs. Marshall’s time at Lincoln instilled in him the courage and the skills needed to face his continuing adaptive challenge of advancing the agenda of racial equality. By attending college, Thurgood Marshall had thoroughly surpassed the standard education level of an AfricanAmerican in the early 1900s. However, Marshall directly faced his challenge and set his sights on attending the University of Maryland Law School. At that time, the University of Maryland School of Law was racially segregated. Consequently, racial bias prevented Justice Marshall from attending the law school at the University of Maryland (Hengstler, 1992). Thurgood was enraged that his skin tone and not his academic merit was used to judge his worth. However, Marshall would not let this challenge defeat him. In fact, he used the rejection as motivation and inspiration to keep pushing himself and eventually was accepted into Howard University Law School. Energy and the continued determination to prove his academic merit pushed Marshall to excel in his studies and even graduate at the top of his class. Significant to Marshall’s success was the relationship and mentorship of dean Charles Hamilton Houston (Tushnet, 1997). Marshall stated that it was during law school at Howard when the dean “insisted that we be social engineers rather than lawyers…and I had early decided that’s what I wanted to do” (Marshall as cited by Hengstler, 1992, p.56). The realization that he could be a social engineer of change was powerful to Marshall. It was at Howard where he ultimately set his agenda to THURGOOD MARSHALL: THE STRENGTH OF A LEADER 4 effectively create change for the greater good of African-Americans. Thurgood Marshall would make this agenda his life’s work and let nothing stand in his way. Early Life Through the Political Framework Lens Jamie Arkin 11/13/13 10:55 AM Comment [2]: Excellent organization for his life in chronological order Setting out as a leader during his formal education years, Thurgood Marshall used the political framework as a means of creating and sharpening his vision and setting his agenda: Marshall set out to use politics to create a better existence for the African-American in the United States. Marshall overcame the resistance from those who refused to educate him. His will prevailed and graduated at the top of his law school class. Marshall became empowered through education success and the support of those around him. Bolman and Deal (2008) stress the importance of building a powerbase in the political framework. Marshall used his time at Howard to build networks and discern whose help he would need to advance the agenda of racial equality in the United States. As a successful leader, Thurgood fostered and nurtured those relationships in order to have advocates in place when he needed them. Marshall as Lawyer After graduation, Marshall joined the staff of the NAACP Legal Defense Fund in 1936, eventually heading the organization from 1940-1961 (Fairclough, 2004). It was as a lawyer that Thurgood was able to begin his agenda of civil rights for all. In 1954, Thurgood Marshall was named lead counsel for the case Brown v. Board of Education that challenged the “separate but equal” doctrine of the Plessy v. Ferguson decision, which was the foundation of school segregation (Benjamin & Crouse, 2002). In taking this case, Marshall knew it would come at great personal sacrifice but that the end of advancing the agenda justified the cost to himself and his family. Jamie Arkin 11/13/13 10:56 AM Comment [3]: Yes to all. Now, add a summary sentence about how this fits the political frame before moving on THURGOOD MARSHALL: THE STRENGTH OF A LEADER 5 From the beginning, Brown v. Board of Education and by default Thurgood Marshall were under attack. The adaptive challenge of advancing the racial agenda was never more present than during this trial. Marshall was cognizant of the obstacles he faced as he prepared the case. A majority of United States citizens did not want to change their status quo of racial segregation and were prepared to use any means necessary to protect the sanctity of their beliefs. Marshall prepared himself to meet this conflict knowing “something like a revolution in constitutional law was needed, something that would entail a piece of judicial lawmaking which could be justified only by a philosophy of extreme judicial activism. The Court would have to be shown that separate but equal could never be equal, that segregation in the public schools per se, have a harmful effect on Negro children" (Vasillopulos, 1994, p. 293). Tushnet (1994) described the white reaction to Brown to be malicious and hostile. “By 1956 Southern proponents of Jamie Arkin 11/13/13 10:58 AM Comment [4]: Excellent quote, but over 40 words gets block quote format integration found themselves the targets of intimidation, violence, repressive legislation and legal obstructionism – an ultra‐segregationist political backlash that came to be known as Massive Resistance” (Tushnet, 1994, p. 247). Marshall was resilient and determined. His agenda was greater than his own personal safety and comfort. As a leader, he showed the strength of his will and character to endure under such extreme adversity. As lead counsel for the Brown decision, Marshall not only demolished educational segregation, but he also laid the foundation for an attack upon racial inequality in all aspects of life in the United States (Fairclough, 2004). In knocking down this racial barrier, Thurgood Marshall empowered a nation of African-American citizens. He showed the country that a determined individual is capable of great things. Sacrificing his own personal comfort and safety, Thurgood Marshall provided AfricanAmerican’s with an open door to the American Dream and did so nonviolently. A true testament Jamie Arkin 11/13/13 10:59 AM Comment [5]: You’ve alluded to the risks to his family and himself more than once. Can you give an example? Hate mail, threats? Would make it more vivid THURGOOD MARSHALL: THE STRENGTH OF A LEADER 6 to Marshall’s character is that he never attempted to enrage his constituents and have them take the battle outside of the arena of the courtroom. The personal attacks on him and his family must have enraged him: however to the public he never let this show. Marshall just worked harder for his agenda. He truly personified the social engineer that is mentor demanded he become. Lawyer Through the Political Framework Lens In the political framework, leaders do not focus on eliminating conflict, but instead focus on developing strategies and tactics that will channel conflicts toward a positive outcome (Bolman & Deal, 2008). Marshall knew he could never completely end racial discrimination. Jamie Arkin 11/13/13 10:59 AM Comment [6]: Here it is again, but I think the details should come above. You are summarizing here Jamie Arkin 11/13/13 11:00 AM Comment [7]: his Jamie Arkin 11/13/13 11:00 AM Comment [8]: a choppy transition between these sections. Need better connection between ideas Rather, he strategized on how he could use the law to create footholds for African-Americans to utilize in their own effort to gain empowerment. Through challenging the status quo of segregated schools, Marshall encouraged new ideas and new approaches to the civil rights movement. Bolman and Deal (2008) state that political leaders have to realize political reality and deal with conflicts as productively as possible. Marshall used the courtroom as his arena to Jamie Arkin 11/13/13 11:01 AM Comment [9]: cap negotiate differences and create compromise. He worked with the NAACP to mobilize citizens to fight for their shared goals. He taught them how to overcome obstacles by relating with allies. In Marshall’s view, the fight for the civil rights movement would be most productive in the arena of the courtroom. Jamie Arkin 11/13/13 11:01 AM Comment [10]: ditto Supreme Court Justice Amazingly, the next step in Thurgood Marshall’s journey was to reach the pinnacle of a law career. On June 13, 1967 Thurgood Marshall was nominated by President Lyndon Johnson to be the first African-American justice of the Supreme Court (Tushnet, 1997).When Marshall’s nomination was announced, The New York Times’ editorial called the nomination "rich in symbolism" and conceded that there were judges whose "judicial work has been far more Jamie Arkin 11/13/13 11:03 AM Comment [11]: Yes, it was amazing, but feels like the wrong word here. Better transition needed. For example, Because of Marshall’s courtroom expertise,…. Jamie Arkin 11/13/13 11:05 AM Comment [12]: Word this next part a bit differently to set up the reader for the backlash. Otherwise, you have to read to the end of the next sentence to grasp its meaning THURGOOD MARSHALL: THE STRENGTH OF A LEADER 7 outstanding” (Tushnet, 1997, p. 25). The New York Times also asserted that Marshall did not show the intellectual mastery of the previous solicitor general (Tushnet, 1997). Senator Strom Thurmond of South Carolina and Senators McClellan and Ervin of North Carolina raised questions of constitutional theory and held Marshall’s appointment up for several days (Tushnet, 1997). Marshall survived the personal attacks and, once again, leaped a hurdle in his adaptive challenge when he was named as a Justice of the United States Supreme Court. Through the scrutiny and personal attacks, Marshall’s character never faded. He never once stooped down to attack or demean his critics. It’s quite plausible that internally Marshall Jamie Arkin 11/13/13 11:05 AM Comment [13]: A bit compressed. Would benefit from another sentence or two elaboration was infuriated and enraged. However, publicly showing these feelings would not advance his agenda. Marshall let his silence do the talking. Marshall’s nomination and appointment was a symbolic victory for African-Americans. Once in office, Marshall used his new arena to continue the advancement of civil rights. Jamie Arkin 11/13/13 11:06 AM Comment [14]: Nice paragraph Objectively, “Marshall’s voting record on the Courts consistently supported civil rights and minority racial claims” (Tushnet, 1997, p.141). Marshall fought for equal rights and justice for all Americans. Fairclough (2004) illustrates this fight by highlighting Justice Marshall’s career as that which ended school segregation, enforced affirmative action, rallied against the disregard for free speech and vehemently opposed the reinstitution of the death penalty. On the Supreme Court, Marshall also aimed to extend equality to women. Consequently, he helped to bring about the right for women to have legalized abortions (Fairclough, 2004). “Marshall's overwhelming aim was to secure a more equal America” (Fairclough, 2004, p. 178). To this end, Marshall served as a justice for twenty-four years. For more than two decades, he not only successfully navigated his adaptive challenge, he also took on the challenges of others. He was a fearless leader with law as his tool. Even still, in retirement Marshall Jamie Arkin 11/13/13 11:06 AM Comment [15]: Past tense THURGOOD MARSHALL: THE STRENGTH OF A LEADER 8 proclaimed that the battle for racial and economic justice was not over: he believed it had only just begun (Fairclough, 2004). Supreme Court Justice Through the Political Framework Lens As a Supreme Court justice, Thurgood Marshall’s political framework is addressed through his attainment of power and the ability to empower others. According to Bolman and Deal (2008), positions bestow certain levels of legitimate authority. Through his numerous victories as a lawyer who battled and beat extreme odds, Marshall earned power through reputation. Because he held the office of the highest judicial court in the land, Marshall held positional power. The opportunity to become the first African-American Supreme Court justice was due in part to Thurgood Marshall’s prior accomplishments and reputation as a strong, resilient winner. Fundamentally, politics involves the mediation, coordination, and ordering of differences (Bolman & Deal, 2008). As a Supreme Court justice, Marshall was able to set order through court decisions and used his position as a political leader to appeal to a higher order in terms of morals and ethics, specifically in the area of civil rights. He influenced others to reflect on their morals instead of accepting the status quo. Conclusion Thurgood Marshall faced tremendous adaptive challenges at every level of his career. His perseverance through these challenges showed his strong will and strength of character. He distinguished himself as a great leader through his effectiveness in advancing the agenda for racial equality in the United States. As a political leader, Marshall employed his progressive vision to establish an equal opportunity agenda for all citizens. He used his power in the arena of the courtroom as both a lawyer and then as justice to advance civil rights. Marshall’s leadership and advocacy led to the removal of barriers created by antiquated laws. Today’s leaders can Jamie Arkin 11/13/13 11:08 AM Comment [16]: It just begs to also say…and he changed America forwever as a result THURGOOD MARSHALL: THE STRENGTH OF A LEADER learn from his strength, perseverance, and Marshall’s ability to put the cause of the organization above his own personal needs. One man can have a great impact and can indeed change the world. 9 THURGOOD MARSHALL: THE STRENGTH OF A LEADER 10 References Benjamin, L. T., Jr., & Crouse, E. M. (2002). The American Psychological Association's response to Brown v. Board of Education: The case of Kenneth B. Clark. American Psychologist, 57(1), 38-50. doi:10.1037/0003-066X.57.1.38 Bolman, L.G. & Deal, T.E. (2008). Reframing organizations: Artistry, choice, and leadership. San Francisco: Jossey-Bass. Drath, W. (2001). The deep blue sea: Rethinking the source of leadership. San Francisco: JosseyBass. Fairclough, A. (2004). Thurgood Marshall’s pursuit of equality through law. Critical Review of International Social and Political Philosophy, 7(4), 177-199. doi:10.1080/1369823042000300072 Hengstler, G. A. (1992). Looking back. ABA Journal, 78, 56. Retrieved from http://search.proquest.com/docview/194354757?accountid=14780 Tushnet, M.V. (1997). Making constitutional law: Thurgood Marshall and the Supreme Court, 1961-1991. Cary, NC: Oxford University Press. Tushnet, M.V. (1994). Making civil rights law: Thurgood Marshall and the Supreme Court, 1936-1961. Cary, NC: Oxford University Press. Vasillopulos, C. (1994). Prevailing upon the American dream: Thurgood Marshall and Brown v. Board of Education. The Journal of Negro Education, 63(3), 289-296. Retrieved from Retrieved from http://www.jstor.org/stable/296718 Jamie Arkin 11/13/13 11:09 AM Comment [17]: I don’t believe you left this link in blue—I believe it occurred when I pasted the rubric in. THURGOOD MARSHALL: THE STRENGTH OF A LEADER Name Rainbolt 11 Date EDLP 715 Paper 3 Evaluation Rubric 20 points Target Acquiring Developing Entry Organization Crystal clear focus that does not stray; all paragraphs fully developed; strong intro and satisfying conclusion; reader is skillfully guided through (3 points) Clear focus with minor digression(s); most paragraphs well-developed; logical intro and conclusion; reader can see where writer is headed (2.5 points) Focus has several digressions; some paragraphs incompletely developed or contain off-point info; intro and/or conclusion brief/cursory; reader experiences gaps/confusion but still sees main idea (2 points) Lack of singular focus; most paragraphs have little/no focus; intro and/or conclusion, disconnected, or missing; reader must make inferences based on inadequate details (0 – 1 point) Critical Thinking Clear, strong, logical points supported with rich and relevant details; supporting sources credible, timely, and appropriate (3 points) Appropriate logical points developed using quality details with minor gaps; supporting sources credible, timely, and appropriate with minor gaps (2.5 points) Some points unclear or weak with irrelevant or unconvincing details; supporting sources weak (2 points) Many/most points lack quantity/quality details; supporting sources irrelevant or inappropriate (0 – 1 point) Reader Engagement Writer speaks to the reader in a way that is original, and engaging; format enhances understanding; nuances within content are expertly delineated based on reader’s level of understanding; reader’s questions anticipated and answered—writer’s position compellingly convinces (4 points) Writer engages the reader with text that is earnest and pleasing but not fully compelling; format/presentation is solid; brief/inconsistent mastery of nuances within the content; reader’s questions are addressed but may lack some depth or consistency—writer’s position convinces (3.25 points) Writer is sincere but inconsistencies neglect to fully engage reader; format/presentation inconsistently appropriate for reader; mastery of broad strokes but nuanced meaning missing or incomplete; reader’s questions are not satisfyingly answered—writer’s position weak and minimally convincing (2.5 points) Writer presents ideas with a flatness or monotone that fails to engage reader; format/presentation has little/no relevance for reader; basic, oversimplistic understanding of content; reader is left to sort it out himself—writer’s position fails to convince (0 – 2 points) Style Reads smoothly; wellcrafted variety in sentence structure; transitions seamlessly propel the reader; precise, rich, nuanced vocabulary (4 points) Reads well with minor stumbles; evident variety in sentence structure; transitions function well with minor inconsistencies; appropriate vocabulary with some sparkling word choice (3.25 points) Reads with occasional stumbles; sentence structure depends on a few repeated patterns; some transitions awkward or missing; accurate but plain and unimaginative vocabulary (2.5 points) Reads haltingly; limited variety in sentence structure; poor/no use of transitions resulting in fuzzy connections between ideas; bland vocabulary that is not always precise or accurate (0 – 2 points) Grammar*, Punctuation, and Spelling* No major or minor errors (3 points) No major errors; one or two minor errors that do not distract (2 points) Repeated one major or several minor errors that distract (0 – 1 point) APA Format Impeccable use of APA conventions (3 points) 2.75 minor Some minor errors in use of APA conventions; e.g. punctuation or indentation (2 points) Errors or inconsistencies in the use of APA; e.g. missing or erroneous information or formatting (0 – 1 point) *Major errors: fragments, run-ons or improperly fused sentences; subject-verb agreement; Minor errors: Pronoun errors, lack of parallelism, spelling, general punctuation Plagiarism, intentional or not, will result in an automatic zero on the assignment. Examples: No citation for any material that should be cited; paraphrasing that contains copied key words, phrases, or structure from the original source which should be quoted; or any other type of intellectual dishonesty that uses others’ word or ideas without appropriate acknowledgement. Comments: Stacey What a great paper! You made significant improvements based on our discussion, and, as a result, have a strong, focused paper from beginning to end. THURGOOD MARSHALL: THE STRENGTH OF A LEADER Very minor comments for improvement other than the use of transitions. Sections tend to join abruptly in many cases. A tip here would be to read your paper aloud, eliminating the section headings. Then, you’ll see how the ideas aren’t linked well. Otherwise, an excellent paper! Score: 19 Evaluator(s) Arkin 12 Running Head: THURGOOD MARSHALL: THE STRENGTH OF A LEADER 1
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