Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-01-17
Question Stokes


since when the States which
comprise our Union, or the
citizens thereof, have been OBJ
ligated to obey something de-
creed by the National Govern
ment"?
On the contrary. Mr.. Stokes.
the highest obligation Of the
States and Of the citizens OF
the United States Is to resist to
the utmost any decree" Of the
National Government. No other
obligation Is on q par with this
other than to defend and pro-
tect the Nation against attack.
Mr.. Stokes should be re-
minded that our system Of gov
eminent is one Of laws, not
DEGREES. It matters not whether
the decree issues from the
United States Supreme Court
or from a board Of township
supervisors. 1t Is a repugnant
thing and must be resisted.
Interpretation and execution
Of the laws enacted by legisla-
tive bodies are vastly different
from the issuance Of DEGREES.
which Is the act of dictator
ship.
Should Virginia and a num-
Der Of other Southern States,
through their elected legisla-
tors. enact resolutions Of inter-
position In the school segre-
cation matter. they would be
saying that II the viii Of all
the people demands 1t, then
the National Government must
be given In plain language
proper constitutional authority
to regulate the public schools.
They would say. in these reso-
buttons. that In their formal
and considered opinions no
such provision now exists in
the Constitution Gas 1t does
mott. and that they win obey
q law but not a decree.
Dictatorship by the Supreme
Court is just as onerous as as
sumption of unconstitutional
powers by the executive or leg
islative branches, but Mr..
Stokes in his column Of Janu-
airy IL seems to feel otherwise
when he bewails the acts Of
Congress which have nullified
certain rulings by the court.
Must he be reminded that ours
Is a representative form Of
government. that the basic
powers Of our Government flow
from the people. and that the
people are superior to all
branches Of the Government
even the Supreme Court?
Is that moaning echo from
the year TITS the voice OF q
Tom Stokes fretting over the
upstart actions of some fellows
named Jefferson, Mason. Henry.
Lee. Washington. -?
Howard b. Bloomer, jr.
-
MIR. Stokes in his column Of
January IL is a trifle confused.
The Gray Plan Is not def
ance OF the Supreme Court
nor Is Virginia seeding from
the Union. The Supreme Court
has ruled that colored children
must be admitted to any Vir-
ginia school. But 1t has not
ruled that a parent Of a white
child Is forced to send his
child to an integrated school.
Mr.. Stokes cites other ex-
amples Of so-called defiance
OF Supreme Court decisions.
He mentions instances of
where Congress passed laws
which "nullified" decisions of
the Supreme Court.
In this, he completely misses
the boat-for the Constitu-
ton (which was written, in
part. by virginians and dearly
revered by all Of us), specifi-
cally established the system
Of checks and balances which
provided that Congress could
do just that. When the SUI
preme Court ruled Chat insur-
ance companies were subject
to antitrust laws, 1t reversed
a long line Of its own decisions
in which 1t had said that they
were not subject to those laws.
Congress had never acted in
this area because 1t had no
reason to act. When the
Court reversed itself, Congress
(Which, under our republican
form Of government, is elected
by the people) decided to act
in this area--which 1t did.
Certain fields have long been
exempt from antitrust laws.
among them labor unions.
Congress. in its wisdom, passed
legislation to exempt insur-
ance companies.
II the Constitution requires
integrated schools, are we 60
ing to overlook the pro-
visions that permit Congress
to pass legislation when the
Supreme Court makes legis-
lative decisions?
James Y. McHale.