Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-01-10

Because that battle has never
ended. there are those today who
advocate the use of the interposi-
Ition as a, weapon in the contro-
Iversy over the decision of the
United States Supreme Court in
the school segregation cases.
An examination OF the use of
Iinterposition in the past reveals
the effectiveness of the resolu-
Itions has been somewhat incon-
elusive. 1t seems probable that
adoption of an interposition reso-
LUTON by the General Assembly
in the 1856 session would lead
to a somewhat inconclusive re-
suit.
/ Effect Of Doctrine
Perhaps. at this point, the
strongest effect of an interposi-
ton resolution-insofar as what
lit would accomplish ultimately
in relation to the anti-segrega-
ton decision-would be the for
NAL recognition it would give to
the views of those who disagree
with the Supreme Court ruling.
| One of the first things advo-
Gates OF the doctrine point out
is this:
An interposition resolution
should not be adopted in the
segregation controversy because
the controversy involves segre-
CATION or even because the Su-
preme Court ruled against segre-
cation. In no way, advocates
contend, does interposition imply
defiance of the Supreme Court
1t is significant. however. that
an overwhelming majority OF
those supporting the interposi-
ton doctrine in Virginia also
seem to oppose the doctrine that
racial segregation in public
schools is unconstitutional.
/ Say interpositionists: Inter-
position is weapon in the State
Tvs. Federal power struggle. II
Just so happens that in this year
the l66th of the Constitution
the lines of the State VS.. Federal
power battle are drawn about the
specific question of segregation
by race in public schools.
Adopted by Other States
| Interposition resolutions have
been adopted by various State.
some Northern. some Southern
in the past. Virginia's Legisla-
ture has been among them.
| Interpositionists do not ques-
ton the authority of the Su-
preme Court to interpret the
meaning of the Constitution OF
the United States. But, they
contend the Supreme Court has
no power to amend the Consti-
tuition.
| The key contention of the in
terpoSitionists is that the de-
cision of May II. 1854, holding
that the separate but-equal doc
trine no longer has a place in
education. holding that race can
no longer be used constitution
ally as a factor in assigning
students to public. unsupported
schools. was. in effect. an
amendment to the Constitution
! Dangerous" Use of Power
| Historically. interposition has
been used when there have been
States which believed there had
been on the part of branch
of the Federal Government a
deliberate, palpable and dan
gerous" exercise of power not
granted to the Federal Govern
ment by the Constitution of the
United States. (The quotation
is from the Virginia resolution
Iof interposition of 1899.
Virginia. as we'll as other
States, interpositionists contend,
has, under the Constitution,
bound itself to abide by only
those Federal acts which are
permitted in the Constitution.
Virginia has at no time bound
itself to a compact which pro-
Inhibited racial segregation in
public schools. they believe;
therefore, as a matter of right,
the State is not bound to abide
by the anti-segregation decision
at least, not until the decision
has been validated or repudiated
by the normal process for
amending the Federal constitu-
Ition.
Interpositionists say there
have been many Supreme Court
decisions which were, in the
strictest sense, unconstitutional
in that there was in the Consti-
tuition no specific authority for
the decision. They cite decisions
during the past Is years under
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