The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
To put at rest these widespread fears of excessive centralism, the
ratifying States demanded a series of explicit amendments to the
Constitution, intended to place further express prohibitions upon the
Congress. These amendments became, of course, the Bill of Rights;
and important as the first eight amendments are, the forgotten
Ninth and Tenth speak with telling eloquence of the nature of our
political institutions. The Ninth asserts that “the enumeration in
the Constitution of certain rights shall not be construed to deny
or disparage others retained by the people.” And the Tenth, once
insisted upon by New York as positively as by Virginia, declares in
words too clear possibly to be misunderstood that “the powers not
delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to
the people.”
There in the Tenth Amendment is the key that should unlock
all mysteries of construction, wherever the State and Federal
relationship is at issue. It does not treat of “rights.” Rights
belong to people, and are retained by them in the Ninth. The Tenth
deals with powers, and its careful wording spells out the essence
of our Union. The Congress has no powers whatever, save those the
States have delegated to it “by the Constitution.” If authority for
some congressional act cannot be found in the Constitution, the
authority does not exist, for the Congress has no implied or inherent
powers; its powers begin and end with the powers enumerated in the
written instrument itself--including, to be sure, the power to adopt
“necessary and proper” laws to put the powers to work. All other
powers, not prohibited to the States _by the Constitution_, are
expressly reserved to the States respectively, or to the people.
Public-domain text, read in full here on John Shaqi.
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