St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1959-02-20
Congress Should
Act On Integrotion
Sen. DouqluS Saws
CONTINUED from Page II

power would be but impotent
phrases > Sterling v. Constan-
tin, 2S7 U. S. 37S, 397-39s.
1T is, of course, quite true that
the responsibility for public edu-
cation is primarily the concern of
the States, but it is equally true
that such responsibilities, like all
other state activity, must be ex-
ercised consistently with federal
constitutional requirements as they
apply to state action. The Con-
stitution created a government
dedicated to equal justice under
the law. The Fourteenth Amend
ment embodied and emphasized
that ideal. State support Of segre-
gated schools through any arrange
ment, management, funds, or prop
erty cannot be squared with the
Amendments command that no
State shall deny to any person
within its jurisdiction the equal
protection of the laws. The right
of a student not to be segregated
on racial grounds in schools so
maintained is indeed so fundamen-
tai and pervasive that 1t is en-
braced in the concept Of due pro-
cess of law. Boiling v. Sharpe, BAT
U. S. 497. The basic decision in
Brown was unanimously reached
by this Court only after the case
had been briefed and twice argued
and the issues had been given the
most serious consideration. Since
the first Brown opinion three new
Justices have come to the Court.
They are at one with the Justices
still on the Court who participated
! in that basic decision as to its cor
reCtness, and that decision is now
unanimously reaffirmed. The prin-
ciples announced in that decision
and the obedience of the States to
them, according to the command
of the Constitution, are indispens-
able for the protection of the free
doms guaranteed by our funda-
mental charter for all of us. Our
constitution ideal of equal justice
under law is this made a living
truth"
These legal principles are cited
also in the preambles Of the bill
we are introducing today. The
adoption of this measure would
thus clearly range the legislative
branch alongside the Court in the
maintenance of these basic princi-
Piles of American government.
A Constructive New Approach to
Desegregation
1t was a serious setback when
the 1857 Civil Rights Bill under
threat of filibuster in the Senate
was stripped of Part III. This had
been twice approved by the House.
/ 1t would have given the Attorney
General power to file suits for pre-
ventive relief against denials of
equal educational opportunity. 1t
might have forestalled some of the
tragic events that have followed
This authority which would be
granted in a number of separate
bills already introduced in this
Congress is still needed. 1t is in
cluded in the measure we are in
Producing today. But the present
bill has been drafted with many
other more constructive provisions
in it also.
The bill proposes: First, to de-
clare and accept Federal legal and
moral responsibility for implement
ing the Constitutional requirement
of degeneration. Second, to pro-
vide vitality needed Federal techni-
cal and financial assistance and
Federal leadership to states and
local communities whose schools
are still segregated. Third, to pro-
vide Federal legal assistance where
private parties are unable to vim
dictate the Constitutional rights of
our school children and others.
A summary of the bills provi-
sions reveals the positive aids
which it would offer for securing
compliance with the 14th Amend
ment to the Constitution.
A. Federal Legal and Moral
Responsibility
Title
In Title I there are specific find
ings to the effect that the Supreme
Court decisions on racial segrega-