Interposition Resolution in Response to Brown v. Board of Education, 1957

From: Acts of the Territorial Legislature and Acts of the Legislature, 1822-Present, Series S 222

Page 5 of the Interposition Resolution in Response to Brown v. Board of Education, 1957


the citizens of this State for the Court was without jurisdiction, power or authority to interfere with the sovereign powers of the State in such spheres of activity.

That the Court in its decisions relating to public education was without jurisdiction because (1) the jurisdiction of the Court granted by the Constitution is limited to judicial cases in law and equity, and said cases were not of a judicial nature and character, nor did they involve controversies in law or equity, but, on the contrary, the great subjects of the controversy are of a legislative character, and not a judicial character, and are determinable only by the people themselves speaking through their legislative bodies; (2) the essential nature and effect of the proceedings relating exclusively to public schools operated by and under the authority of States, and pursuant to State laws and regulations, said cases were suits against the States, and the Supreme Court was without power or authority to try said cases, brought by individuals against States, because the Constitution forbids the Court to entertain suits by individuals against a State unless the State has consented to be sued;

That if said Court had had jurisdiction and authority to try and determine said cases, it was powerless to interfere with the operation of the public schools of States, because the Constitution of the United States does not confer upon the General Government andy power or authority over such schools or over the subject of education, jurisdiction over these matters being reserved to the States, nor did the States by the Fourteenth amendment authorize any interference on the part of the Judicial Department or any other department o the Federal Government with the operation by the States of such public schools as they might in their discretion see fit to establish and operate;