Browsing "Judicial Tyranny"

Saving the South for Southerners

The States’ Rights Democratic Party of the mid-1940s had no stronger advocate than Charleston News & Courier editor William Watts Ball.  Also known as the “Dixiecrats,” its platform in 1948 called for strict interpretation of the Constitution, opposed the usurpation of legislative functions by the executive and judicial departments, and condemned “the effort to establish in the United States a police nation that would destroy the last vestige of liberty enjoyed by a citizen.”

Bernhard Thuersam, www.Circa1865.com

 

Saving the South for Southerners

“A full year before the end of Roosevelt’s third term, Ball was again active in attempts to organize a Southern Democratic party. It was the spring of 1944, however, before the movement was underway in earnest. Through public contributions (Ball gave one hundred dollars) the anti-Roosevelt faction hoped to finance an advertising campaign in newspapers and on radio. The independent white Democrats would not present candidates in the primaries, but offer only a ticket of presidential electors pledged not to vote for Roosevelt.

They might back a favorite son for president, or they might better co-operate with the similarly-minded in other States in support of someone like Senator Harry Byrd of Virginia . . . in May anti-Roosevelt Democrats had held their first meeting in Columbia, with nineteen counties represented, and made plans for a State convention. The Southern Democratic Party had been reborn.

[Ball’s] News and Courier continued to urge the election of independent Democratic electors. If eleven to sixteen Southern States withheld their electoral votes, they could assure respect for their political policies.

But in spite of the untiring efforts of The News and Courier, aided principally by the Greenwood Index-Journal, the anti-Roosevelt movement did not develop. Very few people made financial contributions; the Southern Democratic Party could not wage an effective campaign. Once again South Carolina gave solid support to Roosevelt and the Democratic Party.  All the State schools except the Citadel, he charged, were part of the State political machine . . .”

But at that moment, the “second Reconstruction” was already underway . . . [and] emerging forces combined to force open the entire [racial] issue. The Negro migration northward had begun in earnest with World War I. By 1940, a small Negro professional and white-collar class resided in a number of northern cities and it used its growing political power to win greater equality of treatment there.

Because New Deal programs were designed to advance employment security, including that of Negroes, most northern Negroes abandoned their historic allegiance to the Republican Party. In cities like New York, Chicago, Philadelphia and Cleveland, the Democratic political machine depended heavily upon the Negro vote.

But already an earnest and vital independent political movement was underway [in 1948], in protest against the civil rights program of the Truman administration and the attitudes of the liberal court. Of 531 electoral votes, 140 were in the South; yet the North, East and West treated the South as a slave province. Other papers joined Ball in the demand for action; the [Columbia] State, like the News and Courier, called for a Southern third party.

On January 19th, in the State Democratic Party’s biennial convention, Governor Strom Thurmond was nominated for the office of president of the United States. The State’s national convention votes were to be withheld from Harry S. Truman. If Truman were nominated, South Carolina would not support the national party in the electoral college.

The State had not spoken so sharply since 1860; it would bolt rather than accept Truman. At the same time Governor Fielding L. Wright of Mississippi issued the call to revolt at the western end of the Deep South. The Southern governors’ conference . . . named its own political action committee, headed by Thurmond, which was to go to Washington . . . to demand concessions . . . from President Truman.

About two weeks later a delegation of governors met with Howard McGrath, National Chairman of the Democratic Party. When McGrath gave a flat “No” to their request that Truman’s anti-discrimination proposals be withdrawn, the governors of South Carolina, North Carolina, Texas, and Arkansas called on Democrats to join a revolt against Truman. The South, they announced, was not “in the bag” anymore.

If the South united behind Thurmond, Truman would lose all its electoral votes and the election might be thrown to the House of Representatives, where with the votes of the South and the West, a man such as Thurmond would have a real chance. Whatever the outcome, the national parties would learn a lesson they would not soon forget — the “Solid South” would no longer be a dependable political factor.

“In the electoral college,” Ball advised, “lies the only chance to save the South for Southerners.”

(Damned Upcountryman, William Watts Ball, John D. Starke, Duke Press, 1968, excerpts, pp. 201-233)

 

The Universal Principles of Free Societies

The framers of the Articles of Confederation, our first constitution, had no intention of re-creating in America a form of centralized government like that they were fighting to overthrow. There is no doubt that they believed in the independence and equality of the State legislatures, which were close to the people represented. The framers of the subsequent Constitution were of the same mind, and the creation of the Bill of Rights underscored their fear of centralized government – and the Tenth Amendment was inserted for a reason. That amendment in execution is as simple as its words: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The destruction of Southern governments between 1861-65 was simply the overthrow of the latter Constitution by illegal usurpations by Lincoln; in supporting those usurpations, the Northern States lost their freedom and independence as well.

Bernhard Thuersam, www.Circa1865.com

 

The Universal Principle of Free Societies

“States’ rights? You can’t be serious! What do you want to do – restore Jim Crow or bring back slavery?” Any serious discussion of the American republic comes aground on this rock, and it does not matter which kind of liberal is expressing the obligatory shock and dismay . . . looking for ways to pander and slander his way, if not to fame and fortune, then at least to expense account lunches and regular appearances on C-SPAN.

Even out here on the frontier, every hicktown mayor and two-bit caporegime knows how to scream racism whenever the rubes get in the way of some vast public works project that promises an endless supply of lovely tax boodle.

In my wild youth – a period which, for Republicans, only ends in the mid-40s – I used to make historical and constitutional arguments to show the agreement with Adams and Jefferson on the limited powers of the national government. I would cite the opinion of Northern Jeffersonians and point to the example of Yankee Federalists who plotted secession (in the midst of war) at the Hartford Convention of 1814, but the argument always came back to race.

No one in American history ever did anything, apparently, without intending to dominate and degrade women, Indians and homosexuals. This reducto ad KKK is not confined to the political left; it is practiced shamelessly by right-to-lifers who equate Roe vs Wade with Dred Scott and by most of the disciples of one or another of the German gurus who tried to redefine the American conservative mind.

States’ rights, home rule, private schools, and freedom of association are all codewords for racism, and when someone aspiring to public office is discovered to be a member of a restricted or quasi-restricted country club, instead of telling the press to mind their own business, he denounces himself for right-wing deviationism, fascism, and ethnic terrorism.

He resigns immediately – thus insulting all his friends in the club who are now de facto bigots – and begs forgiveness. So long as a group is “Southern” or “Anglo” or “hetero” or even exclusively Christian, it is a target, and then the inevitable attack does come, many of the members run for cover, eager to be the first to find safety by denouncing their former allies.

The great mistake the right has made, all these years, is to go on the defensive. The federal principle that is illustrated by the traditional American insistence upon the rights of the States is not only ancient and honorable: It is, in fact, a universal principle of free societies and an expression of the most basic needs of our human nature.

To defend, for example, the Tenth Amendment is a futile gesture if we do not at the same time challenge leftists to justify the monopolization of power by a tiny oligarchy. Under “leftist” I include, in very crude terms, anyone who supports the New Deal, the welfare state, and the usurped powers of the federal courts. It is they who, as lackeys of a regime that has deprived families and communities of their responsibilities and liberties, should be in the dock explaining their record as wreckers of society and destroyers of civilization.”

(The Great American Purge, Thomas Fleming, Chronicles, April 1999, excerpts, pp. 10-11)

 

Judicial Overthrow of State Governments

The framers of our second constitution in 1787, as they did in their previous Articles of Confederation, clearly intended to protect their States, and their citizens, from an oppressive central government like the one they had just freed themselves from. And in no way would they have wanted a federal agent intruding into State domains and forced compliance with regulations formulated by distant bureaucrats. With an all-powerful federal bureaucracy emerging victorious in 1865, no State – North or South – could dare challenge the federal interpretation of the Constitution or what passed for federal law.

Bernhard Thuersam, www.Circ a1865.com

 

Judicial Overthrow of State Governments

“Two hundred and eight years ago, when the Tenth Amendment to the United States Constitution was ratified, there was general agreement with its text: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Two hundred and eight years ago, Americans thought of themselves as citizens of their States first, and only secondarily as citizens of a national federation. Now it is unclear that most Americans are aware of the Tenth Amendment, let alone the principle that the federal government is supposed to be one of limited and enumerated powers.

How did we come to this pass? Is there any hope that the federal courts will once again read the Constitution and, at least to the extent implied by that document, resurrect something of the doctrine of States’ rights? [Even] Washington, Hamilton and Madison would have been astonished at present-day incursions of the central government and its courts.

Passed after the Civil War, the 14th Amendment was originally designed to allow newly freed blacks to own property and to make contracts. But it became a tool, in the hands of mid-20th century federal courts, to impose a centralized, secularized and egalitarian social system on the entire nation.

Federal judges began to read the 14th Amendment provisions that no State should be permitted to deprive any person of the “equal protection of the laws” nor to deprive any person of life, liberty, or property without “due process” as a license to turn the restrictions of the Bill of Rights against the States and to set up strict rules about which State policies were permissible and which were not.

With the scantiest evidence, and in the face of overwhelming data to the contrary, the Supreme Court declared that the 14th Amendment was designed to “incorporate” at least some, and perhaps all, of the protections of the Bill of Rights against State governments.

There is no doubt that the Bill of Rights, the first ten amendments to the Constitution, had been drafted in the late 18th century in order to reassure the proponents of strong State governments that the federal government would not infringe on the sovereignty of the States or their people. Without even acknowledging the usurpation, the federal courts turned the Bill of Rights into a tool to reduce radically the discretion of the State governments.

The First Amendment clearly provides, for example, that “Congress shall make no law abridging freedom of speech . . . or regarding an establishment of religion,” but the congressional prohibition was soon read – blatantly contrary to the intention of the frames of the Bill of Rights, if not the framers of the 14th Amendment itself – to extend to State legislatures and officials as well.

It may be too late to save State sovereignty and the original intention of the Constitution. A slew of bold supreme Court appointments by a conservative Republican president might help, but so far only Justices Thomas and Scalia, and occasionally Justice Rehnquist, have acknowledged that the Court has been operating for one or two generations in clearly unconstitutional territory.”

(Sisyphus and States’ Rights, Stephen B. Presser; Chronicles, April 1999, excerpt, pg. 13-14)