The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
Section 2 makes clear that the States must be considered separate
entities in the trial of crimes, just as they are considered separate
entities in the election of Congressmen: Crimes are to be tried “in
the State where the said crimes shall have been committed.”
_Article IV._ All four sections of the Fourth Article are concerned
with the States, their citizens, their obligations to other States,
and their rights as members of the Federal Union. Here is the
provision that “full faith and credit shall be given in each State
to the public acts, records and judicial proceedings of every other
State.” The second section explicitly acknowledges State citizenship
as distinct from United States citizenship. It says that “the
citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States.” This section also
provides for the extradition of persons charged with crime, and prior
to the Thirteenth Amendment, for the compulsory return of fugitive
slaves. Section 3 protects the States from having new States carved
out of their territory. Section 4 guarantees “to every State in this
Union a republican form of government.”
_Article V._ The brief provision dealing with amendment of the
Constitution is of paramount importance in any understanding of
the South’s protest against the school decision. John Taylor of
Caroline once defined sovereignty as “the will to enact, the power to
execute.” John Marshall spoke in the _Cohens_ case of the “supreme
and irresistible power to make and unmake.” Article V defines and
locates this supreme power--not in “the whole body of the people,” as
Marshall carelessly remarked, but in “three-fourths of the several
States.”
The scheme for amendment of the Constitution goes to the very
essence of what makes the American Union great and unique among the
powers of the earth: We do not accept the supremacy of “majority
rule.” If there is one ancient parliamentary principle to which the
Constitution does _not_ subscribe, it is the principle of majority
rule. In every major question touched upon in the Constitution--for
the impeachment of officers, the overriding of a veto, the
ratification of a treaty, the proposing and adopting of amendments to
the Constitution--in all of these, mere majorities are not enough.
Some margin of more than a majority is required. And when it comes
to changing the Constitution itself, the explicit provision is that
no change can be made without the expressed and tacit approval of
at least three-fourths _of the States_. The laws, customs, desires,
preferences of a minority of the States are not to be blindly
overthrown by any 51 per cent of the people; and until the _Brown_
case came along, it was not imagined in the South that Article V
could be suspended, and the Constitution effectively amended, by the
will of nine judges.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account