Four Law Landmarks to Visit Over Fall Break
Fall break is almost upon us, just a little more than a week away. And, if you’re like this intrepid reporter, you have been too busy reading for classes and avoiding eye contact during cold calls to throw together a travel plan. Well fear not, gentle reader, the Law Weekly has you covered. And, we’ve decided, what could be a better use of your three free days, than to spend it on law-related sightseeing? Below are four legal landmarks you can visit over fall break.
1. Loving v. Virginia (1967): 1151 Neal Street NE, Washington, DC and Central Point, VA.
Plaintiffs Richard and Mildred Loving were an interracial couple, and at the time, their marriage was illegal in Virginia. The two were married in DC but were criminally charged with “interracial marriage” under a Virginia statute and run out of their home in the unincorporated community of Central Point Virginia. Whilst living with Mildred’s cousin in DC, at 1151 Neal Street NE (right next to Gallaudet University and Union Market), the couple sued the state of Virginia with the help of the ACLU so they could move back to their hometown. In doing so, they won the right for interracial couples to marry. In the aptly named Loving v. Virginia, the Supreme Court ruled the Virginia statute—and all such statutes—unconstitutional. Richard and Mildred lived in Central Point until their deaths, and you can visit their graves there, at St. Stephens Church.
2. Marbury v. Madison (1803): The Forrest-Marbury House, 3350 M Street NW, Washington DC.
In 1801, two days before his presidential term ended, John Adams appointed a slate of his allies to federal judgeships. The commissions for these judgeships were to be delivered by hand, but due to the late hour of the appointments, not all of them made it, Marbury’s included. The next president, Thomas Jefferson, refused to honor the appointments, and Marbury sued for a writ of mandamus compelling his commission’s delivery by Jefferson’s Secretary of State, James Madison. This resulted in probably the most important Supreme Court case in U.S. history. In a carefully worded opinion, Chief Justice John Marshall laid down the precedential foundation for judicial review—the ability of the judiciary to rule on the constitutionality of executive and legislative actions—by ruling that Congress had unconstitutionally expanded Supreme Court jurisdiction with the Judiciary act of 1789. Marbury wasn’t getting his commission: it was unlawful for the Court to hear his case.
Today, you can visit Marbury’s house in Georgetown, where he lived when the commission was supposed to be delivered to him. It’s just a forty-minute walk away from the White House and maybe a fifteen-minute gallop by horse. It’s changed hands many times over the years, and was a nightclub for much of the 70s and 80s. Now, it’s the chancery of the Embassy of Ukraine.
Maybe if Marbury had chosen a place a little closer to the office, say in Dupont or Logan, he would’ve gotten his commission, and we’d be living in a world without judicial review. But knowing Marshall, this is probably not the case.
3. United States v. Virginia (1996): Virginia Military Institute, Lexington, VA.
The Virginia Military Institute (VMI) or as Lincoln called it, “the West Point of the South,” is a formerly all-male military academy in Lexington, VA. In an attempt to satisfy equal protection requirements, the state of Virginia established the Virginia Women’s Institute for Leadership (VWIL) and Mary Baldwin College. But the Court found this to be an unsuitable alternative. Writing for the Court, Justice Ginsburg said, "The VWIL program is a pale shadow of VMI in terms of the range of curricular choices and faculty stature, funding, prestige, alumni support, and influence." In short, the two were not only separate but unequal. Women attending VWIL were being denied exposure to VMI’s signature “adversative method.” This adversative method seems to be a mix of austere living, yelling, and mandatory bonding activities familiar to those acquainted with the military. New cadets are called rats, and refer to each other as “brother rats,” whether male or female.
VMI is just an hour away in Lexington. There, you can see parade grounds, museums, and memorials. Your trip will be even more rewarding if you are a fan of the films Brother Rat and its s(qu)e(ak)quel, Brother Rat and a Baby, both starring Ronald Reagan, as they were filmed on the VMI campus.
4. Buck v. Bell (1927): Near Kardinal Hall, Charlottesville, VA and the abandoned site of the Central Virginia Training Center, Madison, VA.
In Buck v. Bell, Justice Oliver Wendell Holmes Jr. upheld a Virginia state statute allowing compulsory sterilization of the intellectually disabled. The case has never been formally overturned. Carrie Buck, a resident of Charlottesville, was raped by the nephew of her foster parents, the Dobbses. Carrie’s mother, Emma Buck, had been committed to the Virginia State Colony for Epileptics and Feebleminded, and she was unable to care for Carrie. After being raped, Carrie gave birth to a daughter and was similarly committed to the Virginia State Colony for Epileptics and Feebleminded. When upholding the statute, Holmes famously said, "Three generations of imbeciles are enough.” The case unleashed a wave of state eugenics statutes across the country.
A historical marker dedicated to the decision and the life of Carrie Buck is erected on Preston Ave in Charlottesville, near Kardinal Hall. The Virginia State Colony for Epileptics and Feebleminded was renamed to the Central Virginia Training Center. The facility was officially closed in April of 2020 and now stands abandoned. Trespassing onto the grounds of an abandoned sanitarium is not an ideal fall break activity for everyone, but for some, it is certainly bound to be a good time. This reporter cannot not encourage the blatant lawbreaking of the ole “B&E,” but notes that the window to do so is fleeting. The area is in the early stages of redevelopment into an “urban hub” (strip mall).
