The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
That clause alone, coupled with Article III and with John Marshall’s
effective establishment of the principle of judicial review, created
the “one out of many” that is the American Republic. Yet the
objective student of public affairs who would understand the South’s
classic and traditional position in advocacy of States’ rights
should devote some thoughtful attention to certain aspects of the
Constitution that have remained unchanged from the very beginning
of the Union, surviving civil war and the growth of nearly two
centuries--aspects that remain unchanged to this day.
At the risk of being tedious, it is necessary to examine the
Constitution as it is, and not as centralizers might wish it to be.
This is our organic law, the basis of our public institutions; the
spirit that lives and breathes in it is the American spirit, and the
great beams and foundation stones of this written compact support the
whole structure of our government. The few paragraphs that follow may
seem elementary. They are, in fact, essential to an appreciation of
what was wrong with _Brown_ v. _Board of Education_ in 1954.
The preamble itself offers the first source of misunderstanding. It
begins, of course, “We the people of the United States,” and for
175 years superficial students of the Constitution have been crying
triumphantly that the opening three words prove the existence of
some national democracy: “We, the people.” The demonstrable facts
prove no such thing. On Monday, August 6, 1787, the Philadelphia
convention received its first full draft of a Constitution. The
preamble submitted by South Carolina’s John Rutledge on that day
read as follows: “We the people of the States of New Hampshire,
Massachusetts, Rhode Island and Providence Plantations, Connecticut,
New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina, and Georgia, do ordain, declare
and establish the following Constitution for the Government of
Ourselves and our Posterity.” The preamble in this form was adopted
the following day without dissent, and indeed without debate. It was
not until September 10, when the weary delegates were ready to have
the final document whipped into form by a committee on style, that
the presumptuousness of the draft preamble became apparent. James
Wilson of Pennsylvania made the point that it would be “worse than
folly to rely on the concurrence of Rhode Island.” The State of New
York, he observed, “has not been represented for a long time past
in the Convention.” North Carolina’s agreement was most uncertain.
Many individuals from other States had spoken against the plan. And
though Wilson was here addressing himself to a specific proposal that
the draft Constitution be submitted first to the Congress, rather
than directly to the States, his remarks made obvious good sense to
members of the committee on style. They prudently recast the preamble
to omit all mention of specific States--how could they know which
Public-domain text, read in full here on John Shaqi.
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