<i>The Historical Presidency</i>: Eisenhower's Crusaders: District Court Appointments as Civil Rights Policy, 1953–1961

ABSTRACT During his eight years in office, President Eisenhower appointed 182 federal judges, 127 of whom served on federal district courts. Historical and legal scholarship has paid considerable attention to the judiciary's role in the Civil Rights Era as well as to Eisenhower's civil‐rights legacy. The scholarship has not, however, connected those two strands to examine how Eisenhower used judicial appointments—especially of district‐court judges—as part of his civil‐rights policy, which should thus inform his civil rights legacy. These district judges embodied Eisenhower's earnest‐but‐not‐activist approach to civil rights, which sits in stark contrast to that of Eisenhower's Supreme Court appointments, especially Chief Justice Earl Warren, whose outspoken nature struck Eisenhower as counterproductive. For Eisenhower, durable civil‐rights progress came through incremental change backed by the rule of law, which judges could help achieve through the steady interpretation and enforcement of statutes and the Constitution—to much greater effect than grand, moral pronouncements from presidents or judicial pronouncements from Supreme Courts. The district judges that Eisenhower appointed took that approach, and their appointment is as much the civil‐rights policy of the Eisenhower administration as any rhetoric or government program.

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Publication Details

Journal
Presidential Studies Quarterly
Published
2025-03-02
DOI
https://doi.org/10.1111/psq.12898
Primary Topic
American Constitutional Law and Politics
Type
article
Field-Weighted Citation Impact
0.00
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article

The Historical Presidency: Eisenhower's Crusaders: District Court Appointments as Civil Rights Policy, 1953–1961

Benjamin Pontz
Presidential Studies Quarterly
American Constitutional Law and Politics
article

The Historical Presidency: Eisenhower's Crusaders: District Court Appointments as Civil Rights Policy, 1953–1961

Benjamin Pontz
article en

Abstract

ABSTRACT During his eight years in office, President Eisenhower appointed 182 federal judges, 127 of whom served on federal district courts. Historical and legal scholarship has paid considerable attention to the judiciary's role in the Civil Rights Era as well as to Eisenhower's civil‐rights legacy. The scholarship has not, however, connected those two strands to examine how Eisenhower used judicial appointments—especially of district‐court judges—as part of his civil‐rights policy, which should thus inform his civil rights legacy. These district judges embodied Eisenhower's earnest‐but‐not‐activist approach to civil rights, which sits in stark contrast to that of Eisenhower's Supreme Court appointments, especially Chief Justice Earl Warren, whose outspoken nature struck Eisenhower as counterproductive. For Eisenhower, durable civil‐rights progress came through incremental change backed by the rule of law, which judges could help achieve through the steady interpretation and enforcement of statutes and the Constitution—to much greater effect than grand, moral pronouncements from presidents or judicial pronouncements from Supreme Courts. The district judges that Eisenhower appointed took that approach, and their appointment is as much the civil‐rights policy of the Eisenhower administration as any rhetoric or government program.

Presidential Studies QuarterlyVol. 55(2)
Harvard University Press (US)
Openalex Percentile: Top 95%
American Constitutional Law and Politics
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