The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
nine would bind themselves by ratification?--and the preamble emerged
as we know it. The point is that there was not the slightest doubt in
the minds of the delegates at Philadelphia, or in the minds of the
State conventions thereafter, that “We the people” meant, as Madison
said, “We the people of the States as thirteen sovereignties.”
The first eight words of Article I are important: “All legislative
powers herein granted shall be vested....” We are dealing, at the
outset, as the careful choice of a noun makes clear, with _powers_,
and with a specific kind of power: _legislative_ power. These powers
are “granted _herein_,” which is to say, granted by the ratifying
States in the Constitution itself, and in no other place; and these
powers are to be “vested” (a most judicious verb) in the Congress.
In Section 2 of Article I, the first of more than ninety references
to “the States” appears: The House of Representatives is to be
composed of members chosen every second year “by the people of
the several States.” No congressional district ever may extend
across a State line, for “the electors in each State shall have the
qualifications requisite for electors of the most numerous branch
of the State legislature.” Moreover, every Representative must be
“an inhabitant of that State in which he shall be chosen.” Then
follows the enumeration of the States to whom the Constitution would
be submitted, if they wished to enter the Union: The State of New
Hampshire shall be entitled to choose three members of the House,
Massachusetts eight, and so forth.
Section 3 deals with composition of the Senate. A preposition is
important here: To become a Senator, a man must be an inhabitant of
that State _for_ which he shall be chosen. From the beginning, the
concept has been that Representatives represent people, or groups
of people, or districts of people; Senators speak for the larger,
mystical entity of the States themselves.
Section 4 re-emphasizes the status and function of the States,
even as it lays down the first of the limitations upon State power
voluntarily accepted by the ratifying members of the Union: “The
times, places and manner of holding elections for Senators and
Representatives shall be prescribed in each State by the legislature
thereof: But the Congress may at any time by law make or alter such
regulations, except as to the place of choosing Senators.”
Public-domain text, read in full here on John Shaqi.
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