Kilpatrick was appointed vice-chairman of the Virginia Commission on Constitutional Government led by attorney David J. Mays. In 1963, Kilpatrick published an analysis of the post-Civil War Civil Rights Cases and two pamphlets: "Civil Rights and Legal Wrongs," attacking the Civil Rights Act proposed by President Kennedy, and "Civil Rights and Federal Wrongs," attacking expansion of the Equal Employment Opportunity Commission. His arguments for segregation were not entirely based on federalism. In 1963, Kilpatrick submitted an article to "The Saturday Evening Post", "The Hell He Is Equal" in which he wrote that the "Negro race, as a race, is in fact an inferior race." (The magazine's editors rejected the article after the 16th Street Baptist Church bombing killed four black schoolgirls.) Kilpatrick eventually changed his position on segregation, though he remained a staunch opponent of federal encroachments on the states.