The civil rights establishment, led by the NAACP, fought the good fight that led to the Brown v. Board of Education decision in 1954 and the Civil Ri… - Harry V. Jaffa

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The civil rights establishment, led by the NAACP, fought the good fight that led to the Brown v. Board of Education decision in 1954 and the Civil Rights Acts of 1964 and 1965. They fought that fight under the banner of the Equal Protection Clause of the 14th Amendment, which reflected the equality proclaimed in the Declaration of Independence. The classic statement of this principle is to be found in Justice John Marshall Harlan's dissenting opinion in Plessy v. Ferguson, the infamous 1896 decision that enshrined "separate but equal" into constitutional law for more than half a century, "In view of the Constitution, in the eye of the law, there is in this country no superior dominant ruling class of citizens. There is no caste here. Our Constitution is color blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved".

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About Harry V. Jaffa

Harry Victor Jaffa (7 October 1918 – 10 January 2015) was an American historian, writer, and collegiate professor from New York City, known for his writings on the American Civil War.

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Alternative Names: Harry Victor Jaffa Harry Jaffa
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Alexander Hamilton Stephens' Constitutional View of the War Between the States, which was and remains probably the best defense of the Confederate cause. It is all about states' rights, and the defense of the minority against the tyranny of the numerical majority, although the "silent minority", the four million slaves, are never counted. It is substantially the book that Calhoun would have written had he been alive to do so. Stephens, who was Vice President of the Confederacy, had also been widely known, north and south, as one of the intellectual luminaries of his time.

Now, the truth of the matter is that the idea of the meaning of the word 'federal' underwent a change from the Articles of Confederation to the Constitution. Under the Constitution, the states gave up their sovereignty in the Calhounian sense. And if you have any doubt about that, let me just read a sentence from George Washington. 'It is obviously impracticable in the federal government of these states to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all'. So all the rights of independent sovereignty, or some of those rights, have been surrendered.

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Our difficulty in pursuing a rational foreign policy in the Middle East—or anywhere else—is compounded by the fact that we ourselves, as a nation, seem to be as confused as the Iraqis concerning the possibility of non-tyrannical majority rule. We continue to enjoy the practical benefits of political institutions founded upon the convictions of our Founding Fathers and Lincoln, but there is little belief in God-given natural rights, which are antecedent to government, and which define and limit the purpose of government. Virtually no one prominent today, in the academy, in law, or on government, subscribes to such beliefs. Indeed, the climate of opinion of our intellectual elites is one of violent hostility to any notion of a rational foundation for political morality. We, in short, engaged in telling others to accept the forms of our own political institutions, without any reference to the principles or convictions that give rise to those institutions.

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