INTRODUCTION
A QUIET DEAL IN DIXIE
As 1956 drew to a close, Colgate Whitehead Darden Jr., the president of the University of Virginia, feared for the future of his beloved state. The previous year, the U.S. Supreme Court had issued its second Brown v. Board of Education ruling, calling for the dismantling of segregation in public schools with “all deliberate speed.” In Virginia, outraged state officials responded with legislation to force the closure of any school that planned to comply. Some extremists called for ending public education entirely. Darden, who earlier in his career had been the governor, could barely stand to contemplate the damage such a rash move would inflict. Even the name of this plan, “massive resistance,” made his gentlemanly Virginia sound like Mississippi.
On his desk was a proposal, written by the man he had recently appointed chair of the economics department at UVA. Thirty-seven-year-old James McGill Buchanan liked to call himself a Tennessee country boy. But Darden knew better. No less a figure than Milton Friedman had extolled Buchanan’s potential. As Darden reviewed the document, he might have wondered if the newly hired economist had read his mind. For without mentioning the crisis at hand, Buchanan’s proposal put in writing what Darden was thinking: Virginia needed to find a better way to deal with the incursion on states’ rights represented by Brown.
To most Americans living in the North, Brown was a ruling to end segregated schools—nothing more, nothing less. And Virginia’s response was about race. But to men like Darden and Buchanan, two w ell-educated sons of the South who were deeply committed to its model of political economy, Brown boded a sea change on much more.
At a minimum, the federal courts could no longer be counted on to defer reflexively to states’ rights arguments. More concerning was the likelihood that the high court would be more willing to intervene when presented with compelling evidence that a state action was in violation of the Fourteenth Amendment’s guarantee of “equal protection” under the law. States’ rights, in effect, were yielding in preeminence to individual rights. It was not difficult for either Darden or Buchanan to imagine how a court might now rule if presented with evidence of the state of Virginia’s archaic labor relations, its measures to suppress voting, or its efforts to buttress the power of reactionary rural whites by underrepresenting the moderate voters of the cities and suburbs of Northern Virginia. Federal meddling could rise to levels once unimaginable.
James McGill Buchanan was not a member of the Virginia elite. Nor is there any explicit evidence to suggest that for a white southerner of his day, he was uniquely racist or insensitive to the concept of equal treatment. And yet, somehow, all he saw in the Brown decision was coercion. And not just in the abstract. What the court ruling represented to him was personal. Northern liberals—the very people who looked down upon southern whites like him, he was sure—were now going to tell his people how to run their society. And to add insult to injury, he and people like him with property were no doubt going to be taxed more to pay for all the improvements that were now deemed necessary and proper for the state to make. What about his rights? Where did the federal government get the authority to engineer society to its liking and then send him and those like him the bill? Who represented their interests in all of this? I can fight this, he concluded. I want to fight this.
Find the resources, he proposed to Darden, for me to create a new center on the campus of the University of Virginia, and I will use this center to create a new school of political economy and social philosophy. It would be an academic center, rigorously so, but one with a quiet political agenda: to defeat the “perverted form” of liberalism that sought to destroy their way of life, “a social order,” as he described it, “built on individual liberty,” a term with its own coded meaning but one that Darden surely understood. The center, Buchanan promised, would train “a line of new thinkers” in how to argue against those seeking to impose an “increasing role of government in economic and social life.”
