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Facts Forum News, Vol. 5, No. 6, June 1956
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Facts Forum. Facts Forum News, Vol. 5, No. 6, June 1956 - File 036. 1956-06. University of Houston Libraries. University of Houston Digital Library. Web. August 15, 2020. https://digital.lib.uh.edu/collection/1352973/item/139/show/105.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Facts Forum. (1956-06). Facts Forum News, Vol. 5, No. 6, June 1956 - File 036. Facts Forum News, 1955-1956. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/1352973/item/139/show/105

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Facts Forum, Facts Forum News, Vol. 5, No. 6, June 1956 - File 036, 1956-06, Facts Forum News, 1955-1956, University of Houston Libraries, accessed August 15, 2020, https://digital.lib.uh.edu/collection/1352973/item/139/show/105.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

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Title Facts Forum News, Vol. 5, No. 6, June 1956
Series Title Facts Forum News
Creator
  • Facts Forum
Publisher Facts Forum
Date June 1956
Language eng
Subject
  • Anti-communist movements
  • Conservatism
  • Politics and government
  • Hunt, H. L.
Place
  • Dallas, Texas
Genre
  • journals (periodicals)
Type
  • Text
Identifier AP2.F146 v. 5 1956; OCLC: 1352973
Collection
  • University of Houston Libraries
  • Facts Forum News
Rights No Copyright - United States
Item Description
Title File 036
Transcript INTERPOSITION: A LEGAL CHALLENGE? WHEN the Supreme Court of the United States handed down its historic decision on May 17, 1954, to end racial segregation in the public schools, reactions ranged from stunned disbelief and incensed protest to sighs of relief and enthusiastic endorsement. One congressman from the deep South asserted that on that date the U. S. Supreme Court "drove a knife into the heart of the American Constitution."1 Another, from the great Northwest, maintained the Court "has at long last declared that all Americans are equal, and that the flame of justice in America must burn as brightly in the homes of the blacks as in the homes of the whites.' - Bitterest and most vigorous opposition, of course, has centered in the South, where Negro population in some states comes close to constituting a majority, ancl where segregation has been strictly observed and a part of the culture since the time the black slave first appeared on the American scene. In other sections of the country where the percentage of Negro population is not an important factor interest has been considerably short of the Southern white-heat, yet continues to grow. Now. two years later, an over-all look at the situation reveals a specific pattern of stubborn resistance to the Court's decree which is gaining support daily. The doctrine of interposition or nullification is being scrutinized with microscopic care, for on the success or failure of this doctrine seems to depend the outcome of two vital issues; the retention of segregation in steites which desire it, and the supremacy of either states' rights or federal authority in matters of education and nurture of our youth. "Since the coming of the present crisis," says Circuit Judge M. M. Me- 'Itt-p. John Bill Willhuns. "Interposition, The B;uri,-r Against Tyranny," Congressional Record, J..mi.irv 2a. 1956, p. 112H. -Sen. Wayne Morse, Congressional Record, March 12. 1956, ,.. )950. Page 34 Cowan, of Jackson, Mississippi, "the very word 'interposition' heis precipitated somewhat of a furore in the land. A Southern governor has said it will become a household word throughout the country. To its advocates, it has become a symbol of liberty ancl freedom from oppression. To its opponents, it is anathema, of near treasonable import."3 WHAT IS INTERPOSITION? What is interposition? Briefly, it is a method by which a state protests or refuses to follow a directive of the federal government, whether it be an act of Congress, judgment of the Supreme Court, or order of the chief executive, until the question of who is right is settled by constitutional processes. To some, interposition seems to mean merely the right of petition or protest, ancl with this view few people find any quarrel. The mail bags going to Washington are full of petitions or memorials to Congress. Rut the dispute over interposition concerns the use of official means on the part of a state to refute or nullify acts of the central government. Historically, various forms of interposition, nullification, or state-veto have been used, almost from the time the Constitution was adopted. In most of these cases the protest of the steete was sufficient to obtain the desired result. In a few, however, drastic changes were brought about, including new amendments to the Constitution. The right of interposition has been invoked by Northern and Southern states alike. In this particular ease, several states declare that their sovereignty has been illegally over-ridden by the Supreme Court — that the judicial branch of the government exceeded its constitutional authority in ruling that segregation in the public schools of tbe nation is unconstitutional. Many other states ancl their representatives stand just as -XI. XI. McGowan, "Interposition or Nullification," printed speech, p. 15. firmly on their conviction that th* Supreme Court used its rightful pow'1'' to rule on this highly contested iss"1'- There has been considerable co* fusion and disagreement about ™ words "interposition" ancl "nullifi1* tion." Do they mean the same thin?; Some Southern steete's. like Mississippi Virginia, and South Carolina, ha* adopted resolutions eif interposing] i.e., declaring the U. S. Suprefl1' Court to be in error and seeking prove their point by means of a rtf amendment to the Constitution. ("'" states, like Georgia and Alabal"J have eidopted thi' harsher lorn1 °, nullification, i.e., declaring the Co^ directive to be null and void xvitl'^ their states, and refusing to folio"' While some constitutional exports *_ a technical difference in the' two 0 ^ trines, most state that nullificationj actually interposition fully develop^ I fere is a typical explanation of two terms: I have heard many say that they Wj*j iiiti-rpiisiliiin. hut an- opposed In n"''' . J tion. This is the same thing as saying ' ^ we favor the; aiming and firmer uf out S° hut xs-e- an- aeeainst hitting the target ^ The very purpose of interposition lS nullify. If that is not to he tin- ParF-l tin- art of interposition becomes merejfj expression of disfavor ami is meanl&cr] interposition is tin- act by which ;l * '^t attempts to nullify. Interposition xvim t nullification is .1 knife without an eo» '^ erun without bullets, a ear without engine, a hoely without a life.' STATES' RIGHT THEORY The theory eif interposition lS v eloped from the doctrine "' 2j ..:.A.a 1..-..1. ..a~. r - sX.o 1™ rights, which stems from the ' Amendment te> the Constitution: i'"'j ■h*5 The powers not delegated to tin Stales lie- tin- Constitution or pn" by 11 to tin- states, an- reserved "' states respectively, or to the people- ^ Also important to the understand^ which rights belong to the- state* t which to the federal oovi-rn'"1''' the Ninth Amendment: 'Williams, op. til., p. 1120. . I* Facts Fohum News, Jut'1-' Him. *c> > I'l
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