Executive Order 10730

Executive Order 10730 was a directive issued by President Dwight D. Eisenhower on September 24, 1957. It authorized the use of federal military forces to ensure the enforcement of a federal district court order mandating the desegregation of public schools in Little Rock, Arkansas. The order specifically federalized the entire Arkansas National Guard and deployed elements of the United States Army's 101st Airborne Division to protect nine African-American students, known as the Little Rock Nine. This unprecedented action marked a critical moment in the federal government's enforcement of civil rights following the landmark Brown v. Board of Education decision.

Background and context

The immediate catalyst was the crisis at Central High School in Little Rock. In 1954, the Supreme Court of the United States ruled in Brown v. Board of Education that racial segregation in public schools was unconstitutional. The Little Rock School District subsequently devised a gradual integration plan starting with Central High. However, Orval Faubus, the Governor of Arkansas, opposed the plan and on September 4, 1957, deployed the Arkansas National Guard to block the nine students from entering the school, defying the federal court order in Cooper v. Aaron. A federal judge, Ronald N. Davies, ordered the National Guard to stand down, but when the students attempted to enter on September 23, they faced a violent mob. The Mayor of Little Rock, Woodrow Wilson Mann, sent a telegram to the White House requesting federal assistance, prompting President Dwight D. Eisenhower to act.

Provisions of the order

The order declared that obstructions of justice in Little Rock constituted a threat to the rule of law and authorized the Secretary of Defense to take all necessary steps to enforce the orders of the United States District Court for the Eastern District of Arkansas. It specifically directed the use of the United States Armed Forces, including the National Guard of Arkansas, which was placed into federal service. The order commanded all persons engaged in obstruction to "cease and desist" and to disperse. It invoked the authority of the president under the Constitution and statutes including the Insurrection Act of 1807, which allows the use of federal troops to suppress insurrection or enforce federal law.

Implementation and enforcement

On September 25, 1957, soldiers from the 101st Airborne Division, under the command of Major General Edwin A. Walker, arrived in Little Rock. The federalized Arkansas National Guard troops, now under United States Army command, secured the perimeter of Central High School. The Little Rock Nine were escorted into the building by armed soldiers, who remained stationed at the school for the remainder of the academic year to ensure their safety. The United States Department of Justice, led by Attorney General Herbert Brownell Jr., provided legal support for the operation. This was the first time since the Reconstruction era that federal troops were deployed to the South to protect the rights of African Americans.

Impact and legacy

The enforcement of the order successfully allowed the Little Rock Nine to attend school, though they endured a year of intense harassment. The event was covered extensively by national media, including *Life* magazine and television networks, galvanizing public opinion on civil rights. It demonstrated the federal government's willingness to use military force to uphold judicial rulings on civil rights, setting a significant precedent. The crisis also led to the landmark Cooper v. Aaron (1958) Supreme Court decision, which reaffirmed that states were bound by the Court's rulings. The images of federal troops escorting children became an iconic symbol of the struggle against Jim Crow laws.

Legal and political reactions

The order was met with fierce condemnation from segregationist politicians. Governor Orval Faubus denounced it as an unwarranted federal invasion, a sentiment echoed by senators like James Eastland of Mississippi and Harry F. Byrd of Virginia. However, it received support from figures like former president Harry S. Truman and civil rights leaders including Martin Luther King Jr.. Legally, the action was challenged but upheld as a valid exercise of presidential power under the Insurrection Act of 1807 and the president's constitutional duty to "take Care that the Laws be faithfully executed." The event highlighted the deep political divide over States' rights and federal authority during the Civil rights movement.

Category:Executive orders of Dwight D. Eisenhower Category:1957 in American law Category:African-American history in Arkansas Category:History of education in the United States Category:School segregation in the United States