The coastland times. [volume] (Mnateo [i.e. Manteo], N.C.) 1947-1959, 1956-03-02
Supreme Court
VIOLATES
CONSTITUTION
BY DR.. ALFRED P. HAAKE
Noted Economist. Public Rela-
lions Consultanf. Author and
Lecturer.

The Clearwater Sun of Clear
water, Florida, takes two promi-
nent citizens to task for daring to
oppose "a decision by the Supreme
Court of the United States. What
is state, in effect asks the edi-
torial, that it have the temerity to
set itself up against the Supreme
Court of the land when that court
orders desegregation of the public
schools?
The inference is clear that the
Supreme Court of the United
States is the last word, subject to
no higher authority, in deciding
what is or is not right and proper
under the Constitution of the
United States.
This writer is among those who
would challenge that concept and
would insist that there is higher
authority than even the Supreme
Court of the United States. And
that is the authority of the PEG
Pile of the United States. 1t was
the People whose power created
the Constitution. AS provided in
the preamble of the document it
self, eve the People of the United
States f.. do ordain and establish
this Constitution of the United
States"
Nowhere in the Constitution is
the Federal Government, which in
cludes the Supreme Court of the
United States, given jurisdiction
over or responsibility for educa-
ton or conduct of the public
schools, nor is that power any
where within the Constitution
taken away from the States or
the People. Whereupon the tenth
article of the Bill of Rights in that
Constitution very plainly states
that "The powers not delegated
to the United States by the Con-
stitution, nor prohibited by it to
the States, are reserved to the
States respectively, or to the Peo-
pie" And the ninth article in that
same Bill of Rights holsters the
provision by stating, "The enumer-
alton in the Constitution of GER
tain rights shall not be construed
to deny or disparage others re-
tanned by the people,"
In plain English, unless the
power to control education and
schools is specifically given to the
United States by the Constitution,
which it is NOT, that power and
rights related to the power, to-
gether with any others not specif-
ically named in the Constitution,
are retained by the States and the
People.
1t is unfortunate that the issue
If segregation in the schools
should have been tied up with the
question of Supreme Court juris-
diction over any issue not made
subject to the Supreme Court by
the Constitution. People who, fol-
whatever reason, want to see seq
regation abolished, are prone to
condone a violation of the Consti-
tuition by the Supreme Court itself
because they are in agreement
with the objective obtained by that
particular violation. And that is
a tremendous disservice to oul
country.
! Intellectual honesty and decent
patriotism seem to require thai
We separate the two questions il
considering the action of the Su
preme Court in ordering integra
ton of the public schools. 1t may
or may not be a violation of the
18th Amendment to the Constitu,
ton for certain States to segre
gate white and colored children il
separate schools. But that is be-
side the real question here in
volved. The far more serious ques
ton is whether the Suprem,
Court of the United States is evel
justified in itself violating the
Constitution of the United State!
by taking to itself legislative pow
er not given by that Constitution
to the Supreme Court.
Were we supinely to acquiesc'
in this or in any other decision
which so plainly and unconstitu
tionally concentrates more power
in the Federal Government a!
Franklin D. Roosevelt set out t.
do with his CONFERENCE.-The scbanoa