How New Jersey Helped Desegregate the US Military
Unlike most civil rights struggles, these events did not occur in the South, the Supreme Court, or the White House. Instead, this story begins in the armories of the New Jersey Army National Guard.
This story is not about title insurance, but about an aspect of American history we were not aware of, the efforts to desegregate the US Army following World War II.
Written by Patrick McKnight From Law.com, the New Jersey Law Journal:
On July 26, 1948, President Truman issued Executive Order 9981. This action abolished discrimination “on the basis of race, color, religion or national origin” in the United States Armed Forces. This decision eventually resulted in the desegregation of the entire US military. Historians praise Truman for his foresight but generally overlook the role New Jersey played in driving this historic accomplishment.
Executive Order 9981 reads:
It is hereby declared to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion or national origin. This policy shall be put into effect as rapidly as possible, having due regard to the time required to effectuate any necessary changes without impairing efficiency or morale.
African Americans, Hispanic Americans, Native Americans, and Asian Americans made incredible contributions to the United States military prior to 1948. The general public is becoming increasingly aware of these achievements through popular films such as “The Tuskegee Airmen.” Likewise, Americans are becoming familiar with the history of the Navajo Code Talkers, the Nisei 442nd Regimental Combat Team, and the 65th Infantry “Borinqueneers.” Regardless of one’s views about America’s foreign policy, the United States Military is an organization where people of any background can expect to be judged based on individual merit.
Modern scholarship has celebrated the role of President Truman’s “stroke of the pen” executive order. This is sometimes contrasted with the more gradual pace of legislative and judicial action. Other scholars have correctly identified the important role of civil rights groups led by A. Philip Randolph such as the League for Non-Violent Civil Disobedience Against Military Segregation.
This scholarship is significant, but it is also far from complete. Remarkably, most historians ignore the full story surrounding the events leading up to Executive Order 9981. This forgotten historical drama illustrates how States can use federalism to fight federally-mandated racism. Unlike most civil rights struggles, these events did not occur in the South, the Supreme Court, or the White House. Instead, this story begins in the armories of the New Jersey Army National Guard.In 1947 New Jersey approved a new Constitution which included the following language:
No qualified person shall be denied any civil or military right, nor be discriminated against in exercise of any civil or military right, nor be segregated in the militia or in the public schools because of religious principles, race, color, ancestry or national origin.
The federal National Guard Bureau had recently organized a new unit in New Jersey, the 372nd Anti-Aircraft Artillery group, entirely of black soldiers. Clearly, this new unit was illegal under the New Jersey Constitution. The New Jersey Military Affairs Committee, New Jersey Governor Alfred E. Driscoll, as well as the commanding and adjutant generals of the New Jersey National Guard all pushed back against this federally-mandated segregation. On Oct. 24, 1947, Gov. Driscoll announced this new unit would not be composed on the basis of race and that any segregated armories would be integrated effective immediately.
On Dec. 3, 1947, Driscoll declared, “All of our citizens must be given the opportunity to enlist in the New Jersey units of the National Guard and participate in any of its activities for which each individual is considered qualified.”
This was in direct violation of the official War Department policy of the time that “negro manpower will be employed in negro regiments or groups, battalions or squadrons, troops or batteries.”
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The author, Patrick McKnight, is a law clerk at Wilson Elser Moskowitz Edelman & Dicker in Philadelphia. He is in his final year of the JD/MBA program at Rutgers.
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