Southern Manifesto and Response |
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The unwarranted decision of the Supreme Court in the public school cases is now bearing the fruit always produced when men substitute naked power for established law. The Founding Fathers gave us a Constitution of checks and balances because they realized the inescapable lesson of history that no man or group of men can be safely entrusted with unlimited power. They framed this Constitution with its provisions for change by amendment in order to secure the fundamentals of government against the dangers of temporary popular passion or the personal predilections of public office holders. We regard the decision of the Supreme Court in the school cases is now bearing the fruit always produced when men substitute naked power for established law. The Founding Fathers gave us a constitution of checks and balances because they realized the inescapable lesson of history that no man or group of men can be safely entrusted with unlimited power. They framed this Constitution with its provisions for change by amendment in order to secure the fundamentals of government against the dangers of temporary popular passion or the personal predilections of public office holders. We regard the decision of the Supreme Court in the school cases as a clear abuse of judicial power. It climaxes a trend in the Federal Judiciary undertaking to legislate, in derogation of the authority of Congress, and to encroach upon the reserved rights of the States and the people. The original Constitution does not mention education. Neither does the Fourteenth Amendment nor any other Amendment. The debates preceding the s ubmission of the Fourteenth Amendment clearly show that there was no intent that it should affect the systems of education maintained by the States. The very Congress which proposed the Amendment subsequently provided for segregated schools in the District of Columbia. When the Amendment was adopted in 1868, there were 37 States of the Union. Every one of the 26 States that had any substantial racial differences among its people either approved the operation of segregated schools already in existence or subsequently established such schools by action of the same lawmaking body which considered the Fourteenth Amendment. As admitted by the Supreme Court in the public school case (Brown v. Board of Education), the doctrine of separate but equal schools "apparently- originated in Roberts v. City of Boston . . . (1849), upholding school segregation against attack as being violative of a State constitutional guarantee of equality. " This constitutional doctrine began in the North--not in the South,
Object Description
Title | Southern Manifesto and Response |
Abstract | Manifesto issued by Senators representing Southern states outlining their opposition to Federal intervention in schools. Included is an expansion of Senator Fulbrights thoughts on the Manifesto and the sentiments that it represents. |
Creator | Fulbright, J. William |
Date | 1956-03-12 |
Audience of Speech | United States Senate |
Institution Where Speech Was Given | United States Senate |
City and State | Washington, D.C. |
Subject |
Education Government School Crisis Domestic Issues Civil Rights |
Item Location | J. William Fulbright Papers (MS F956 144, Series 71, Box 10, File 1) |
Rights | Please contact Special Collections for information on copyright. |
Digital Publisher | University of Arkansas Libraries |
Series Title | A Calm Voice in a Strident World: Senator J.W. Fulbright Speaks |
Description
Title | Southern Manifesto and Response |
Abstract | Manifesto issued by Senators representing Southern states outlining their opposition to Federal intervention in schools. Included is an expansion of Senator Fulbrights thoughts on the Manifesto and the sentiments that it represents. |
Creator | Fulbright, J. William |
Date | 1956-03-12 |
Audience of Speech | United States Senate |
Institution Where Speech Was Given | United States Senate |
City and State | Washington, D.C. |
Subject |
Education Government School Crisis Domestic Issues Civil Rights |
Transcript | The unwarranted decision of the Supreme Court in the public school cases is now bearing the fruit always produced when men substitute naked power for established law. The Founding Fathers gave us a Constitution of checks and balances because they realized the inescapable lesson of history that no man or group of men can be safely entrusted with unlimited power. They framed this Constitution with its provisions for change by amendment in order to secure the fundamentals of government against the dangers of temporary popular passion or the personal predilections of public office holders. We regard the decision of the Supreme Court in the school cases is now bearing the fruit always produced when men substitute naked power for established law. The Founding Fathers gave us a constitution of checks and balances because they realized the inescapable lesson of history that no man or group of men can be safely entrusted with unlimited power. They framed this Constitution with its provisions for change by amendment in order to secure the fundamentals of government against the dangers of temporary popular passion or the personal predilections of public office holders. We regard the decision of the Supreme Court in the school cases as a clear abuse of judicial power. It climaxes a trend in the Federal Judiciary undertaking to legislate, in derogation of the authority of Congress, and to encroach upon the reserved rights of the States and the people. The original Constitution does not mention education. Neither does the Fourteenth Amendment nor any other Amendment. The debates preceding the s ubmission of the Fourteenth Amendment clearly show that there was no intent that it should affect the systems of education maintained by the States. The very Congress which proposed the Amendment subsequently provided for segregated schools in the District of Columbia. When the Amendment was adopted in 1868, there were 37 States of the Union. Every one of the 26 States that had any substantial racial differences among its people either approved the operation of segregated schools already in existence or subsequently established such schools by action of the same lawmaking body which considered the Fourteenth Amendment. As admitted by the Supreme Court in the public school case (Brown v. Board of Education), the doctrine of separate but equal schools "apparently- originated in Roberts v. City of Boston . . . (1849), upholding school segregation against attack as being violative of a State constitutional guarantee of equality. " This constitutional doctrine began in the North--not in the South, |
Item Location | J. William Fulbright Papers (MS F956 144, Series 71, Box 10, File 1) |
Rights | Please contact Special Collections for information on copyright. |
Digital Publisher | University of Arkansas Libraries |
Series Title | A Calm Voice in a Strident World: Senator J.W. Fulbright Speaks |
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