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University Daily Kansan Tuesday. Feb. 14, 1956
Southern Theories Not New Ideas
Nullification, n. U. S., the failure of a state to aid in the enforcement of federal laws within its limits.
Interposition, n. U.S., a doctrine holding that every state has a right to interpose its sovereignty under certain circumstances, as a challenge and a check against encroachment by the federal government upon reserved powers of the States.
Interposition and nullification, the two doctrines by which states have opposed dictates of the federal government, date to the Alien and Sedition Acts.
Today, in the segregation question, the states of South Carolina, Georgia, Virginia and Mississippi have adopted this doctrine of interposition. Whether the doctrine is more than a protest has never been legally established.
In protest of the acts, the Kentucky and Virginia Legislatures in 1798-99 passed three resolutions. Thomas Jefferson wrote the Virginia resolution and James Madison, in writing the two for Kentucky, said, "In the case of a deliberate, palpable and dangerous exercise of powers not granted (by the Constitution) and dangerous exercise of powers not granted (by the Constitution) the states... have the right... to interpose for arresting the progress of evil..."
Madison and Jefferson held that the federal government did not have unquestionable authority since it was created by powers given to it by the people. Whenever the people, who established the government, felt their inalienable rights encroached upon by the government, it was their right and their duty to interpose and act as the ultimate judges.
The Alabama Legislature has passed a resolution of nullification; Until the issue between the State of Alabama and the general government is decided by submission to the states. .the Legislature of Alabama declares the decision. .null and void and of no effect.
The doctrine of nullification was outlined by John C. Calhoun in the "South Carolina Exposition" in 1828. The resolution was in protest to high tariff laws of the federal government. In 1832 the South Carolina Legislature declared the tariff laws "null and void," but no other states supported South Carolina in its declaration.
Calhoun said, "It is this negative power—the power of preventing or arresting the action of the government—which in fact forms the Constitution." Without nullification, Calhoun believed, the states had no choice but to secede when they disagreed with the federal government.
Nullification to him was a means by which the states could call attention, enlist the aid of other states, and so repair the injustice done by the federal government. Calhoun said nullification saves the Union, not destroys it.
The interposition doctrine was revived after the Alien and Sedition Acts, notably by New England against the conduct of the War of 1812 and by Wisconsin in a challenge to the Dred Scott decision.
The conflict of states vs. federal powers is as old as the Constitution itself, but the North's victory in the Civil War, as well as 150 years of judicial interpretation, have reinforced the powers of the federal government.
Ray Wingerson
News In Review
Riots At Alabama U. Top Last Week's News
Although most of the country was concerned last week with Adlai Stevenson's stand on civil rights or whether President Eisenhower would seek re-election, its main interest focused on Tuscaloosa, Ala., where the admission of Autherine Lucy, Negro coed, to the previously all-white state university, touched off intermittent demonstrations during the early part of the week.
Violent disapproval of her admittance was expressed by stoning the car carrying her to classes, as well as demonstrations in which both students and industrial workers, singing "Dixie" and shouting "keep Alabama white," were dispersed by smoke and tear gas bombs.
At the present time, after being expelled for "safety reasons," Miss Lucy is awaiting a Feb. 29 rehearing in a Birmingham federal court. University officials have indicated that a court order is the only method by which she may gain re-admittance.
President Eisenhower kindled the flame of election-year enthusiasm a little higher Wednesday when he announced that he should have enough information by March 1 to decide whether to seek re-election.
Saturday he entered Walter Reed Army Hospital in Washington for a full-scale examination, and although the results will not be known for at least a couple of days, they undoubtedly will be an important factor in determining whether he runs again.
The big excitement on Capitol Hill did not concern the President, but centered around Sen. Francis Case (R-S.D.) and a $2,500 "campaign donation" offered him to vote for a bill which would exempt natural gas producers from direct federal regulation. Though he refused the money and voted against the bill, it was passed by the Senate and forwarded to President Eisenhower for approval.
The $2,500, which came from the Superior Oil Co. of California, was offered to Sen. Case by John M. Neff, lawyer-lobbyist from Lexington, Neb., who calmly insisted before an investigating committee Saturday that there were no strings attached. His statement was backed up by Elmer Patman of Austin, Tex., an attorney for Superior Oil, who gave Mr. Neff the money.
LITTLE MAN ON CAMPUS by Dick Bibler
The U.S. again ran afoul of Soviet ill will. The Russians claimed the U.S. had been launching balloons carrying photographic equipment for military reconnaissance of Russia, and that such acts were part of a "free skies" plan by President Eisenhower, which involves mutual aerial inspec-
Rivaling the balloon incident in Europe was the intense Siberian cold wave that swept into Europe, bringing death to more than 300 as well as critical shortages of food, especially in Greece and Turkey.
The Algerian riots, directed at Resident Premier Gen. Georges Catroux and any softening of policy toward Nationalist terrorists, were temporarily halted after the arrival of French Premier Guy Mollet, as the local governor placed a ban on public gatherings.
Back in the U.S.:
The President asked Congress to revise the nation's immigration laws in order that 220,000 foreigners may enter this country annually. He also urged that criminals from abroad be deported with much more speed than is being done at the present.
The outcome of a hearing in Denver before a Colorado Supreme Court justice, Otto O. Moore, could prove to be the opening wedge for photographers in overruling Canon 35 of the American Bar Association, which prohibits photography or telecasting in the courtroom on the grounds that it impairs court dignity.
Baseball lost its most outstanding and best-loved figure, Connie Mack, who died in Philadelphia at the age of 93. As well as a member of baseball's Hall of Fame, Mr. Mack was also one of the last big name bare hand catchers. He managed the Philadelphia Athletics from 1901 to 1951.
In Cleveland, a jury, after a record deliberation of 57 hours, convicted six Ohio Communists of attempting to overthrow the government. They also acquitted four others in a trial that had been in progress since Oct. 31.
Justice Moore will report to his six fellow justices, and if their finding is favorable, they will probably withdraw enforcement of Canon 35 in Colorado and recommend that the bar association change the canon.
In Kansas, a seven-member Legislative committee was organized to investigate various state departments, and although no definite action has been taken, it is expected that Attorney General Harold Fatzer will challenge the constitutionality of the committee.
Leslie "Mad Dog" Irvin, escaped killer was captured in San Francisco after hitchhiking with over 100 motorists from the Midwest to the Pacific Coast.
—Bob Bruce
"I'M AFRAID I'LL HAVE TO REASSIGN YOUR SEAT, MISS LUISH."
To Run Or Not To Run— Ike Himself Must Answer
President Eisenhower has said he thinks that he should have enough information by March 1 to decide whether he will seek re-election. And for the nation, a guessing game of unparallel magnitude will come to an end.
Although there are many who seem to think that Ike will see fit to step down and not seek re-election, there are three very good reasons that could make him seek the Republican nomination for president.
First, he has given the impression that he is on top of his job and is tackling it with zest and even
..Oh Well..
Knowing full well I run the risk of breathing new life into closet-type skeletons, I still rise to the defense of Brother Jones. Long have I contended that what this school needs is more hate! Now comes this fearless one, name of Jones, to arouse in the dormant souls HATE... Hate... hate. Everybody hates him. He hates everybody.
This is good!
Now the students are thinking. Think how best to make their epistles to the editor stinging and condemnning. Professional Letters-to-the-Editor-writers; amateur L-T-T-E-W; everybody dipping their lethal pens into fresh blood (now clotted perhaps by the passing time).
This is good.
But they aren't thinking enough ..Amateurs...Rank amateurs. Mere pledges tie people to flag poles and you're content to write nasty letters.
--enthusiasm. If his recovery has progressed this far, one is left to conclude that there should be no reason why he cannot go on for a second term.
Commercial Department: As they say in the trade, "Now comes the commercial." For better ways to boil in oil editorial writers who bring to fire the dormant ile of irritated students, send 25 dollars and your name and address to this paper and I will send you postpaid my newly revised edition of "Fifty Inhuman Tortures For Inhuman Humans."
Now friends, this little booklet (complete with gory illustrations) will show you 50—count 'em—50 different methods of abusing the frail, weak body of Brother Jones. And all these devices can be rigged with articles you'll find around the house every day. Such as Japanese Samurai swords, tightly coiled barbed wire, and extra sharp, oversized fish hooks.
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Don't delay ... Do it now.
Scoop Department: Our next feature: "What's Wrong With Writers of What's Wrong Letters."
Oh Well ...
Second, Ike has a strong sense of loyalty to the people who have voted him into office and to the many men who backed him in the last election. He knows that the people voted him in office because they considered him the best man for the job. He will state his physical condition, and if the people of the United States still want to elect him, it is doubtful that he will refuse their call.
However, sometime in the coming weeks the President alone must make the decision concerning reelection. When he does, the mystery that has baffled all the experts will be solved.
Thrid, if Pres, Eisenhower does not seek re-election, it is very possible that the Republican party could be defeated in the coming elections. Adalai Stevenson and Estes Kefauver, both possible Democratic candidates, are very popular, and finding an equal opponent might become difficult.
The question of a full-time President or a part-time President is bound to arise if Pres. Eisenhower decides to seek a second term. It is already being raised by former President Truman and others.
Bob Riley
Daily transan.
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