The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
This gets me, by hop, skip and jump, to reference works in the area
of Constitutional history, law, and contemporary politics. The
_Federalist_, of course. Elliot’s _Debates_. Madison’s _Notes_.
Tocqueville. Jefferson’s Letters. Madison. There is no stopping
point. The biographies of Marshall and Washington. James Morton
Smith’s _Freedom’s Fetters_. Bibliography is futile. The student of
the Constitution will read a thousand works, and then read a thousand
more. He shouldn’t miss Charles Warren’s _The Supreme Court in U.S.
History_. Yale’s Fred Rodell is a derisive fellow; his _Nine Men_
is a fine, extended raspberry cheer, but it should be read. Most
of the members of the Court have been loquacious; they cannot keep
their tongues tied down. The law reviews fairly bulge with important
material. Robert B. McKay’s long essay in the _New York University
Law Review_ (June, 1956) is no help to my position, but it merits a
reading. Basic source material, of course, is available through the
indispensable _Race Relations Law Reporter_. The student interested
in getting both sides of this dispute should look up Senator
Eastland’s “Era of Judicial Tyranny,” available through the Citizens
Council, and Alfred J. Schweppe’s article in the American Bar
Association’s _Journal_ of February, 1958, “Enforcement of Federal
Court Decrees.” On the question of private schools, a biased and
snippy book by Donald Ross and Warren E. Gauerke, _If the Schools Are
Closed_, merits a reading. The two Emory professors are anti-private
school, but the source material is there. I have already mentioned
Charles J. Bloch’s _States Rights: The Law of the Land_; it is a
first-rate piece of work.
On the Fourteenth Amendment: Joseph B. James’ work is basic, _The
Framing of the Fourteenth Amendment_ (1956). See also Walter J.
Suthon’s article in the _Tulane Law Review_ at December, 1953, “The
Dubious Origin of the Fourteenth Amendment”; Horace E. Flack’s “The
Adoption of the Fourteenth Amendment,” in _John Hopkins Studies_
(1908), and Joseph F. Ingham’s “Unconstitutional Amendments,” in the
_Dickinson Law Review_ of March, 1929, among many other sources.
Public-domain text, read in full here on John Shaqi.
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