The conscience of a ConservativeGoldwater, Barry M. (Barry Morris)
Philosophy
The conscience of a Conservative
Goldwater, Barry M. (Barry Morris)
Conservatism -- United States; United States -- Politics and government -- 20th century
To my knowledge it has never been seriously argued--the argument
certainly was not made by the Supreme Court--that the authors of the
Fourteenth Amendment intended to alter the Constitutional scheme
with regard to education. Indeed, in the famous school integration
decision, _Brown v. Board of Education_ (1954), the Supreme Court
justices expressly acknowledged that they were not being guided by the
intentions of the amendment’s authors. “_In approaching this problem_,”
Chief Justice Warren said “_we cannot turn the clock back to 1868 when
the amendment was adopted.... We must consider public education in the
light of its full development and in its present place in American life
throughout the nation._” In effect, the Court said that what matters is
not the ideas of the men who wrote the Constitution, but the _Court’s_
ideas. It was only by engrafting its own views onto the established law
of the land that the Court was able to reach the decision it did.
The intentions of the Fourteenth Amendment’s authors are perfectly
clear. Consider these facts. 1. During the entire congressional
debate on the Fourteenth Amendment it was never once suggested by any
proponent of the amendment that it would outlaw segregated schools. 2.
At the same time that it approved the Fourteenth Amendment, Congress
established schools in Washington in Georgetown “for the sole use of
... colored children.” 3. In all the debates on the amendment by the
State Legislatures there was only one legislator, a man in Indiana, who
thought the amendment would affect schools. 4. The great majority of
the States that approved the amendment permitted or required segregated
schools at the very time they approved the amendment. There is not
room here for exhaustive treatment of this evidence, but the facts are
well documented, and they are all we have to know about the Fourteenth
Amendment’s bearing on this problem. The amendment was not intended
to, and therefore it did not outlaw racially separate schools. It was
not intended to, and therefore it did not, authorize _any_ federal
intervention in the field of education.
I am therefore not impressed by the claim that the Supreme Court’s
decision on school integration is the law of the land. _The
Constitution, and the laws “made in pursuance thereof,” are the
“supreme law of the land”_. The Constitution is what its authors
intended it to be and said it was--not what the Supreme Court says
it is. If we condone the practice of substituting our own intentions
for those of the Constitution’s framers, we reject, in effect, the
principle of Constitutional Government: we endorse a rule of men, not
of laws.
Public-domain text, read in full here on John Shaqi.
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