The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
Was the Fourteenth Amendment thus legally and constitutionally added
to the Constitution in 1868? It is exceedingly doubtful. Neither
a resolution of the Congress nor a proclamation of a Secretary
of State can supersede the Constitution itself. If the States of
Arkansas, Florida, North Carolina, Alabama, South Carolina, and
Louisiana were “in the Union” in 1865, when their ratifications
of the Thirteenth Amendment were counted among the three-fourths
necessary to adoption, it is impossible to understand how they
legally could have been read out of the Union by the act of March
2, 1867, put under military dictatorship, and ordered to ratify the
Fourteenth Amendment under duress. If the Confederate States are
eliminated from the equation altogether, a mathematical case can be
made to support ratification. Twenty-five States were represented in
the Thirty-ninth Congress that proposed the Fourteenth Amendment in
1866. Nebraska was admitted to the Union March 1, 1867. Three-fourths
of twenty-six States (for ratification purposes) is twenty States.
By the time of the proclamations and resolutions of July 1868,
twenty-one States outside the South had unconditionally ratified
the amendment. But the assumption on which the Congress proceeded
was that there were thirty-seven States in the Union in the summer
of 1868. Three-fourths of thirty-seven States (for ratification
purposes) is twenty-eight States. In order to count twenty-eight
States, the ratifications of the rescinding New Jersey and Ohio
must be added to those of Arkansas, Florida, North Carolina,
Louisiana, and South Carolina; or, in place of New Jersey and Ohio,
the ratifications of Alabama and Georgia may be substituted. In any
event, reliance must be placed upon the coerced ratifications of
either five or seven Southern States which at that time were denied
a republican government, denied representation in the Congress, and
denied the right to act freely upon the proposed amendment. This is
the tainted parenthood of the constitutional provision on which the
Supreme Court of the United States, in the school cases, sought to be
informed.
I digress. The question here is, “What evidence is there that the
... State legislatures and conventions which ratified the Fourteenth
Amendment contemplated or did not contemplate, understood or did not
understand, that it would abolish segregation in public schools?”
This is the evidence:
Public-domain text, read in full here on John Shaqi.
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