regulate tax-supported schools is not
delegated to the federal government.
Therefore, the federal government has
no power whatever to interfere in any
way with the operation of schools in
the individual states.
The Supreme Court's decision in the
school segregation cases is not a judicial
interpretation of the Constitution. It is
a political decision, grounded not in law.
but in Earl Warren's notions about
psychiatry and sociology.8
Warren, in his opinion, says that the
Fourteenth Amendment does not really
apply to the problem of segregation in
the public schools, because, in 1868,
when the Fourteenth Amendment was
adopted, there were no public schools in
the South. The framers of the Fourteenth Amendment couldn't possibly
have had public schools in mind.*
Chief Justice Warren admits that he
is reading into the Fourteenth Amendment something that is not there, but
that he thinks should be.8
If Supreme Court Justices do not like
our Constitution — as the present Justices obviously do not — they, as citizens, have a right to recommend changes
by proper constitutional means.
As Supreme Court Justices, however,
they are supposed to interpret the Constitution as it is, and not to arrogate-
to themselves the illegal power of
amendment by arbitrarily reversing all
judicial precedent and changing the
meaning of the Constitution to suit their
AUTOCRATIC AND UNCONSTITUTIONAL
That's exactly what the Supreme
Court did in the school segregation
cases; it amended the Constitution by
autocratic, unconstitutional means.
Earl Warren's segregation decision
means: We of the Supreme Court know-
that the Fourteenth Amendment was not
intended to apply to public schools, but
we want it to apply; therefore, we
declare that it does apply.
After saying enough to prove that
the Supreme Court had no constitutional grounds for invading states' rights
and telling the states how they must run
their public schools, Chief Justice Warren dismisses the question of whether
or not the Negroes in the South are
provided facilities equal to those of the
whites. He tries to explain why a Negro
in a school with other Negroes cannot
get as much education as if he were in
a school with whites, even though the
facilities and everything else might be
adequate and equal. Mr. Warren deals
in what he calls intangibles. He finally
comes to grips with the problem by-
citing a passage from a previous Court
decision which says, "Segregation . . .
has a tendency to retard the educational
and mental development of Negro children, and to deprive them of some of the
benefits they would receive in a raciall)
integrated school system."0
If there is anybody in the I nilccl
States who ought to resent that decision,
cast in that language, it should be
America's Negro citizens. What that
sentence says is that Negroes are not
really equal to whites, and that if you
don't mix up the Negro and while
children so that the Negroes will enjoy
the uplifting benefit of associating with
the whites, the Negroes are harmed.
Actually, no other group of people
anywhere on earth at any time in
recorded history ever made such rapid
progress as America's southern Negroes
a private business organization, terror"
a whole community and indulge in 0*
less acts of arson, vandalism, crinii"
assault, and even murder; and none'
the liberals or organizations prof
lo be dedicated to freedom anil '■
preservation of civil rights ever say
word about the innocent and help'"
victims of all that violence and tyraii'
But let two white hoodlums in a sou'
em state beat up one colored man
even, as has happened many times,
one southern Negro involved in
heinous crime be subjected to the *
process of law — and all the race ag*
tors in the nation want to pass fed«
laws which would destroy the lil
not only of the southern whites but *J
of the southern Negroes, and of all °'':
American citizens in the nation.1
In Baltimore. Md., two Negro mothers escort their children past pickets protesting
gration at Elementary School No. 34.
have made in the past ninety years. The
people who helped them make that
phenomenal progress were not Supreme
Court psychiatrists, New Deal politicians, Socialist agitators, or uplifting
busybodies. It was the southern whites
who understood the Negroes, treated
them with kindness, and lent them a
Communist propaganda about the
brutalizing of Negroes in the South is a
Some poor laborer can be beaten to
death in Chicago by labor goons who are
trying to force him to join a union
against his will, and no one wants to
call in the federal government on I In
grounds that the murdered man's civil
rights were violated. A union can picket
wing agitators have
United States - most
North — have caused more
nf them '"J
and bitterness than all of the ly»4
and mob violence in lhe South.
the Civil War to date.
I he Si it rues, when first brou]
America by New England and
slave trader^, were not fie
duced to slavery. They wire ,
transferred from a barbaric en-la1'
by their own people in Africa
relatively benign enslavement |,!
Vi cslrrn hemisphere.
Think of the conditions in l*1
large, illiterate-, and economical1!,
pendent population a primitive" I'
is no se
FACTS FORUM NEWS, Ftbruam