Superintendent of Schools are local officials; from the point of view of the Fourteenth Amendment, they stand in this litigation as the agents of the State.

"The constitutional rights of respondents are not to be sacrificed or yielded to the violence and disorder which have followed upon the actions of the Governor and Legislature. As this Court said some 41 years ago in a unanimous opinion in a case involving another aspect of racial segregation: 'It is urged that this proposed segregation will promote the public peace by preventing race conflicts. Desirable as this is, and important as is the preservation of the public peace, this aim cannot be accomplished by laws or ordinances which deny rights created or protected by the Federal Constitution.' Buchanan v. Warley, 245 U.S. 60, 81 [38 S.Ct. 16, 20, 62 L.Ed. 149]. Thus law and order are not here to be preserved by depriving the Negro children of their constitutional rights. The record before us clearly establishes that the growth of the Board's difficulties to a magnitude beyond its unaided power to control is the product of state action. Those difficulties as counsel for the Board forthrightly conceded on the oral argument in this Court, can also be brought under control by state action."

Conclusion

For the foregoing reasons, this court denies the interposition claim of the State of Louisiana and declares Acts 2, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 and House Concurrent Resolutions 10, 17, 18, 19 and 23 of the First Extraordinary Session of 1960 unconstitutional. This court will prepare the decree enjoining their enforcement. The motions to dismiss are denied. The motion to vacate, or delay the effective date of, the order requiring desegregation of the New Orleans public schools is likewise denied.

Appendix A

Act No. 2 of First Extraordinary
Session, 1960
An Act

To interpose the sovereignty of the State of Louisiana against the unlawful encroachments by the judicial and executive branches of the Federal Government in the operation of public schools of the State of Louisiana, which constitute, a deliberate, palpable and dangerous exercise of governmental powers not granted to the United States by the United States Constitution; to prohibit all officers, agents and persons acting under orders of the federal courts or any other branch of the Federal Government from interfering with the maintenance of any State public school, or any officer, agent or employee of the State or any subdivision of the state engaged in the maintenance of such schools or in carrying out the provisions of this Act, or other law, right or power of the State of Louisiana under its reserved powers provided by the 10th Amendment to the United States Constitution; and to provide penalties for violations hereof.

Whereas, as set forth in the 1798 Kentucky Legislature Resolutions of Interposition, prepared by Thomas Jefferson, then the Vice-President of the United States,

"That the several States composing the United States of America are not united on the principle of unlimited submission to their General Government; but that by compact under the style and title of a Constitution for the United States. and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.

"That to this compact each State acceded as a State, and is an integral party, its co-States forming as to itself, the other party;

"That the Government created by this compact was not made the exclusive or final judge of the extent the measure of its powers; but that as in all other cases of compact among parties having no common judge, each party had an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

*

"That this Legislature "considers the Federal Union upon the terms and for the purposes specified in the late compact, conducive to the liberty and happiness of the several States; that it does now unequivoIcally declare its attachment to the Union, and to that compact, agreeably to its obvious and real intention, and will be among the last to seek its dissolution;

"That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, and annihilation of the State governments, and the creation, upon their ruins, of a general consolidated government, will be the inevitable consequence;

"That the several States who formed that instrument, being sovereign and independent, have the unquestionable right to judge of the infraction; and that a nullification, by those sovereignties of all unauthorized acts done under color of that instrument, is the rightful remedy; and

"That, although this State, as a party to the Federal compact, will bow to the laws of the Union, yet it does, at the same time, declare that it will not now, or ever hereafter, cease to oppose, in a constitutional manner, every attempt, at whatever quarter so offered, to violate that compact."

Whereas, as further set forth in the 1799 Virginia Legislature Resolution of Interposition, prepared by James Madi

son.

This Legislature "unequivocally expresses a firm resolution to maintain and defend the Constitution of this State, against every aggression, either foreign or domestic, and that they will support the government by the United States in all measures, warranted" by the United States Constitution; and this Legislature "most solemnly declares a warm attachment to the Union of the States, to maintain which, it pledges its powers; and that for this end, it is their duty, to watch over and oppose every infraction of those principles, which constitute the only basis of that Union, because a faithful observance of them can alone secure its existence, and the public happiness."

"This Assembly explicitly and peremptorily declares that it views the powers of the Federal Government as resulting from the compact, to which the States are parties, as limited by the plain sense and intention of the instrument constituting that compact; as no further valid than they are authorized by the grants enumerated in that compact, and that in case of a deliberate, palpable and dangerous exercise of other powers not granted by the said compact, the States who are parties thereto have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights and liberties appertaining to them."

Whereas, the principle and doctrine of "Interposition" thus presented by Thomas Jefferson, principal author of the Declaration of Independence, and by James Madison, generally known in his time as the "Father of the Constitution," was given the full sanction of the people of the United States as shown by the fact that from 1800 Jefferson and then Madison were each elected to two successive terms as President of the United States, and the Jeffersonian-Madison concept of the Constitution and State Rights

became so firmly established and universally accepted that the political party which opposed it, the Federalist Party, never elected another President, but shriveled and died of decay.

Whereas, other Acts of Interposition by other States of the Union, against unlawful encroachments by the Federal Government have contributed to the preservation of constitutional government in this country including:

The 1792 Georgia Act, which resulted in the adoption of the 11th Amendment upholding Georgia's sovereignty rights against the United States Supreme Court's illegal decision;

The Pennsylvania 1809 action against the execution of an unlawful federal court decree which usurped ungranted powers;

The Hartford Connecticut Convention of the States of Massachusetts, Rhode Island, New Hampshire, Vermont and Connecticut in 1814 when they exercised the right of Interposition and nullified Acts of Congress as constituting "deliberate, dangerous and palpable infractions of the Constitution," affecting the sovereignty of those States and the liberties of their people;

The Georgia and Alabama Acts of Nullification against federal laws and court decrees usurping ungranted pow

ers;

The 1880 Iowa Act which successfully defied an effort on the part of the United States Supreme Court to reverse a position taken by the Iowa Supreme Court holding extensive grants to expanding Railroads unlawful. The Supreme Court of the United States was forced to back down.

The Acts of Nullification by fourteen of the Northern States against Federal Statutes relative to fugitive slaves brought about by the Dred Scott decision of the United States Supreme Court in which some of their Legislatures declared the court had acted "without process or any of the forms recognized by law," and denounced the court's "assumption of power," and that the court's

effort "to become the final arbiter" was indirect conflict with the Constitution and that the several states which formed that instrument (the United States Constitution) have the unquestionable right to judge of its infraction, and that Interposition of the state's sovereignty is the rightful remedy; and

The South Carolina 1813 Act against the Federal Tariff Laws which would have caused financial chaos and ruin to that state, and that state's Legislature Act which promptly nullified the Federal Force Bill which attempted to nullify South Carolina's nullification when that state's struggle to save constitutional government and its state sovereignty was based upon the proposition as fundamental then as now, as paraphrased by John C. Calhoun that

"Stripped of all its covering, the naked question is whether ours is a Federal or a Consolidated Government; a constitutional or absolute one; a Government resting ultimately on the solid basis of the sovereignty of the States or on the unrestrained will of a majority; a form of Government, as in all other unlimited ones, in which injustice, and violence, and force must finally prevail."

Whereas, contrary to its well ordered line of decisions in 1896, Plessy v. Ferguson, 163 U.S. [537] 550 [16 S.Ct. 1138, 41 L.Ed. 256], affirming all prior federal and state court decisions in point, and repeatedly until 1950 [Sweatt v. Painter], 339 U.S. 629 [70 S.Ct. 848, 94 L.Ed. 1114] and [McLaurin v. Oklahoma State Regents for Higher Ed., 339 U.S. 637] 639 [70 S.Ct. 851, 94 L.Ed. 1149], that the Fourteenth Amendment did not prohibit the States, in the exercise of their police power, from providing separate but equal facilities for different races by the establishment of separate schools for white and colored children, and "the education of the people in schools maintained by state taxation is a matter belonging to the respective states, and any interference on the part of federal authority with the manage

ment of such schools cannot be justified," [Cumming v. County Board of Ed.] 175 U.S. 528 [20 S.Ct. 197, 44 L.Ed. 262], and contrary to the fact that the same Congress which submitted the Joint Resolution for the Fourteenth Amendment had passed an Act for segregated schools in the District of Columbia, which is under its jurisdiction; and contrary to the fact that the same court held and reaffirmed in scores of cases since 1837, that no provision of the United States Constitution and one of the Amendments added to that instrument was intended or designed to interfere with the police power of the various States to prescribe regulations to promote the health, peace, morals, education and good order of the people, the United States Supreme Court, in Brown v. Topeka, and consolidated cases, rendered a decision on May 17, 1954, 347 U.S. 483 [74 S.Ct. 686, 98 L.Ed. 873], repudiating the Fourteenth Amendment as having no intended effect on public education, and stating it could not "turn the clock back to 1868 when the Amendment was adopted, or even to 1896" when the Plessy v. Ferguson decision was written by it (holding that the Fourteenth Amendment did not prohibit States from operating separate public schools for white and negro children), because,

"Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson (1896) this finding is amply supported by modern authority."

and citing as its 1954 modern "psychological" authority, not any provision of the Constitution or Act of Congress enacted pursuant thereto, but books written by various persons whose memberships in communist and subversive organizations dedicated to the overthrow of the United States government and the Constitution were matters of public record in the files of Congress and the Department of Justice, and easily available to the members of the Court, and in its decree in said Brown v. Topeka case, 349 U.S. 294 [75 S.Ct. 753, 99 L.Ed. 1083], the Supreme Court directed all

lower federal courts to render unlawful orders to compel all state public schools in the country to racially integrate "with all deliberate speed."

Whereas, in any event the original decision in Brown vs. Topeka Board of Education exhausted the judicial power of the United States and pursuant to the plain provisions of Section 5 of the Fourteenth Amendment any implementation of such decision was confided to the Congress and not to the District Courts; that the remand of these cases to the District Courts thus constituted a usurpation not only of the constitutional power of the State, but also of the legislative power of the Congress.

Whereas, the Fourteenth Amendment is not self-operative by its very terms, and grants to the Congress, and not to the Courts, the power to enforce, by appropriate legislation, the provisions of this article, and the Congress has enacted no legislation purporting or attempting to prohibit the States from maintaining separate schools for whites and negroes; as in fact, and in law, the Congress would have no valid power to so legislate, because said Fourteenth Amendment contains no provision which prohibits, or which could lawfully be construed as granting to Congress the power to enact laws to prohibit the States from providing separate schools for different races.

Whereas, further evidence of the deliberate, palpable and dangerous usurpation of ungranted power and its violation of the United States Constitution is shown by the fact that the United States Supreme Court cited as authority for its decision in the Brown v. Topeka consolidated cases so-called modern authority, or books on psychology and sociology which had not been offered in evidence during trial of said cases, and which would not have been admissible even if offered, but were listed in an appendix attached to a brief filed for the first time by the N.A.A.C.P. in the Supreme Court; and the very use of such books as authority for its decision in said case, without opportunity to the defendants to examine or rebut has been consistently

held by the same Court in its previous decisions to constitute a denial of the fundamentals of a trial, and a denial of "due process of law" in violation of the Fifth Amendment of the Constitution, and would be condemnation without trial [United States v. Abilene & S. Ry. Co.] 265 U.S. 274 [44 S.Ct. 565, 68 L.Ed. 1016], [Ohio Bell Tel. Co. v. Public Utilities Comm.] 301 U.S. 292 [57 S.Ct. 724, 81 L.Ed. 1093] [Saunders v. Shaw] 244 U.S. 317 [37 S.Ct. 638, 61 L.Ed. 1163].

Whereas, forced racial integration of public schools by the Federal Government in Washington, District of Columbia, as reported after investigation by the Committee on the District of Columbia of the House of Representatives, 84th Congress, 2nd Session, 1957, results in continual disturbances of the peace, acts of violence, thefts, immoral conduct on the part of negro boys against white girls and negro girls' immoral propositions to white boys, assaults and rapes by negroes of white school girls and teachers, which caused a marked lowering of educational standards, and which also caused an exodus of a large part of the white population from the District of Columbia to avoid such a situation against the best interests of the health, peace, morals, education and good order of the people; all of which is the duty of and within the sole power of the state to protect and promote against unlawful usurpations by the Federal Government.

Whereas, said Supreme Court public school integration decision, and the decisions and orders rendered by federal, district and circuit courts decreeing racial integration of all public schools in the City of New Orleans beginning with the September, 1960 session, and in other parishes of the State of Louisiana, constitute an unlawful encroachment by the Federal Government and is a deliberate, palpable and dangerous exercise of governmental powers not granted by the United States Constitution, but specifically reserved to the states, by the 10th Amendment, to promote the health, peace, morals, education and good order of the people, therefore:

Be it enacted by the Legislature of Louisiana:

Section 1. That by substituting the current political and social philosophy of its members to unsettle the great constitutional principles so clearly established, the federal courts destroyed the stability of the Constitution and usurped the power of Congress to submit, and of the several states to approve, constitutional changes as required by the Constitution, and since the usurpation of the rights reserved to the states is by the judicial branch of the Federal Government, the issues raised by said decision and federal court actions thereunder are of such grave import as to require this sovereign state to judge for itself of the infraction of the Constitution.

Section 2. That the decision of the United States Supreme Court in the case of Brown v. Topeka Board of Education, on May 17, 1954, constitutes a deliberate, palpable and dangerous attempt to change the true intent and meaning of the Constitution, and said decision itself is unconstitutional and in violation of the 14th Amendment, and it thereby establishes a judicial precedent, if allowed to stand, for the ultimate destruction of constitutional government.

Section 3. That the States have never delegated to the United States Government, nor to any branch of that government, the power to change the Constitution nor have they surrendered to the Federal Government the power to prohibit to the States the right to maintain racially separate public school facilities or the right to determine when such facilities are in the best interest of their citizens, nor have the States surrendered to the Federal Government the State's police power to prescribe regulations to promote the health, peace, morals, education and good order of the people.

Section 4. That the decisions of the Federal District Courts in the State of Louisiana, prohibiting the maintenance of separate schools for whites and negroes and ordering said schools to be racially integrated in the cases of Bush v. Orleans Parish School Board, Wil