The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
Article III bound the States in a firm league of friendship “for
their common defense, the security of their Liberties, and their
mutual and general welfare”; the phrases were to reappear in the
preamble to the Constitution of 1787. Article IV guaranteed to
the inhabitants of each State “all privileges and immunities of
free citizens in the several States,” a guarantee carried over to
Article IV, Section 2. The extradition of fugitives from one State
to another, the rule of “full faith and credit” among the States,
the immunity of Congressmen, and the flat prohibition upon the
granting of titles of nobility all stem from the Articles. It often
is forgotten, but the States laid upon themselves in the Articles
of Confederation many of the prohibitions they were to accept a few
years later in the Constitution: No States were to enter into any
compact without the consent of Congress; no States were to keep
troops or ships of war in time of peace without the consent of
Congress “unless such State be actually invaded by enemies, or ...
the danger is so imminent as not to admit of delay,” a provision
echoed to this day, almost exactly, in Article I, Section 10. The
powers vested in the Congress under the Articles of Confederation
also have a familiar ring--to coin money, fix standards of weights
and measures, regulate trade, establish post offices, borrow money,
build and equip a navy, and appropriate funds “for defraying the
public expenses.”
But the Articles of Confederation, for all the thoughtful provisions
they provided as progenitors of the Constitution, had serious and
admitted defects as well. If there was to be something more than a
“firm league of friendship” among sovereign States, a government
had to be created capable of acting upon individuals as such. The
most devoted friend of “States’ rights” willingly concedes that
the “more perfect Union” provided for in the Constitution of 1787
created a nation, even if the Constitution described it only as
a “Union,” or as “the land.” Obviously, the supremacy clause in
Article VI was something new, not in degree, but in kind: “This
Constitution, and the laws of the United States which shall be made
in pursuance thereof; and all treaties made, or which shall be made,
under the authority of the United States, shall be the supreme law
of the land; and the judges in every State shall be bound thereby,
any thing in the Constitution or laws of any State to the contrary
notwithstanding.”
Public-domain text, read in full here on John Shaqi.
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