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Supreme Court — Part 28
Page 24
24 / 83
ether intellectually dishonest or
stupid.
ut, even though the 4th
Amendment were valid, the
nonsegregalion decision is still in-
valid for the reason that the Fifth
Secuion of the l4th Amendment
states!
The Congress shall have power
to enforce by appropriate legisla-
tion, the provisions of this article.
The Congress has passed no law
prohibiung the States from. sepre-
yuting the races. Nor is there anv-
thing in the Constitution thar au-
thorizes the President to send forth
the Armed Forces tw enforce an
edict of the Supreme Court which
is net in pursuance of the Constitu-
tion. Nor ts there anything in the
Constitution that requires a judge
of an inferior court to ignore bis
oath of office by following a ukase
of the Supreme Court which he
knows is unconstitutional.
Almost everyone probably will
agree that the Supreme Court has
keaned over backward in its efforts
to help the Communists. Suppose
that it would decide to help the
Communists to the extent that they
should order the Navy te scuttle its
ships, the Air Force to destroy its
planes and the Army to do away
with its atomic weapons. Even
though such an order would mean
Narional suicide, the President and
some-members of the inferior courts
would, doubtless, ake the position
that because it was so ordered: by
2 Tus Axaiuican Mercuny
the Supreme Court, the decision
was the “law of the land” and all
must abide by it. The nonsegrepa-
tion decision is just as far-fetched
_ and just as unconstirutiunal,.
J. Y. Sanders, Jr, in the article
already alluded to, demonstrates
that the Supreme Coun, by follow-
ing exactly the same reasoning it
used in the nonsegregation deci-
sion, can also rule that:
The theory of private ownership |
of property in our country has a!
detrimental effect upon those who
do not own property. The impact is
all the greater in that it has the ©
sanction of the law. The policy of
separating the classes on account of .
their wealth or lack of wealth is _
usually interpected as indicating an
inferiority of the poorer group. This
sense of inferiority affects the char-
acter of the adult and seriously af-
fects the motivation of the children
of the poor. The fact that one class
af people live in fine houses while
another class of people are cormm-
pelled by the operation of this so-
called law (private ownership) to
live in tenements or even ‘slums’ has
a tendency to retard the political, so-
cial and economic as well as the
mental devetopment of the poorer
class of children and creates a sense
of inferiority and class frustration
upon the poorer classes who feel
that they are deprived of an inher-
ent right by the operation of this
so-called artificial law.
- - . We conclude that in the ficld
ef cconomics the doctrine of pri
vate ownership of property has no
place. Separate and private owner-
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