The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
The substance of Article VI has been quoted earlier, and the
concluding Article VII is notable chiefly for the light it sheds upon
the relationship of the States to one another within the Federal
Union: “The ratification of the conventions of nine States,” it says,
“shall be sufficient for the establishment of this Constitution
_between the States so ratifying the same_.” The language plainly
justifies what sometimes is referred to disparagingly as “the compact
theory,” as if a concept of the Constitution as a compact “between
the States so ratifying the same” were no more than a gauzy illusion
of Calhounian metaphysicians. The Constitution is in fact, as even
Mr. Justice Douglas has described it, a “compact between sovereigns”
(_New York_ v. _United States_, 362 U. S. 572). The United States
of America, as a corporate being, came into existence with New
Hampshire’s ratification as the ninth State on June 21, 1788. If
Virginia, New York, North Carolina, and Rhode Island thereafter had
failed to ratify (the vote was 89 to 79 in Virginia, 30 to 27 in New
York, and 34 to 32 nearly two full years later in Rhode Island), they
might be to this day sovereign and independent States, small nations,
republics in their own regard. It was by their own voluntary actions
that the States accepted the Constitution and agreed to be bound by
it. As partners in a joint venture they entered into compact; and
the Constitution was, and is, the written instrument by which their
mutual understanding is set down, not to be altered without the
consent of three-fourths of them.
The ratifying conventions, especially those in the key States
of Virginia and New York, provide abundant documentation of the
prophetic vision with which the Founding Fathers sought to protect
their infant Republic from the predictable excesses of “big
government.” Our nation was created in an abiding sense of distrust;
most of _The Federalist_ papers are devoted toward soothing and
allaying the fears of those who apprehended that one day the central
government would get out of hand. “Suspicion is a virtue,” cried
Patrick Henry in the Virginia convention, “as long as its object
is the preservation of the public good, and as long as it stays
within proper bounds.... Guard with jealous attention the public
liberty! Suspect everyone who approaches that jewel!... I shall
be told I am continually afraid; but, Sir, I have strong cause of
apprehension. In some parts of the plan before you, the great rights
of freemen are endangered, in other parts absolutely taken away....
But we are told that we need not fear, because those in power, being
our representatives, will not abuse the powers we put in their
hands. I am not well versed in history, but I will submit to your
recollection, whether liberty has been destroyed most often by the
licentiousness of the people, or by the tyranny of rulers?”
Public-domain text, read in full here on John Shaqi.
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