Capps, Gerald N.

English

University of Miami School of Law

University of Miami Law Review Volume 13 Number 3 Article 14 5-1-1959 STATES' RIGHTS THE LAW OF THE LAND. By Charles J. Block. Atlanta: Harrison Company, 1958. Gerald N. Capps Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Gerald N. Capps, STATES' RIGHTS THE LAW OF THE LAND. By Charles J. Block. Atlanta: Harrison Company, 1958., 13 U. Miami L. Rev. 393 (1959) Available at: https://repository.law.miami.edu/umlr/vol13/iss3/14 This Book Review is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact library@law.miami.edu. BOOK REVIEWis justified in using this "shock approach" in order to impress upon thestudent that the law schools are not attempting to teach rules but ratherlegal reasoning. This theme of lcarning (the reason for the rule rather thanmerely learning the rule) has been vividly developed throughout the book.The content, manner of presentation, readability, and brevity of thisbook far outweigh this reviewer's criticisms. It is recommended to freshmenand senior law students and it should be given serious consideration byteachers in Introduction to Law courses.Daniel E. Murray Assistant Professor of LawUniversity of Miami Schoolof LawSTATES' RIGHTS THE LAW OF THE LAND. By Charles J. Block.Atlanta: Harrison Company, 1958. Pp. 381. $10.00.This book, as the title might suggest, presents the reader with theever present problem of segregation versus integration. How obvious wouldit be for the reviewer to say that Mr. Block might be somewhat partialin his treatment of this problem; but the reader, depending upon his own"regional attitude" might well draw a different conclusion.Accepting Mr. Block's "regional attitude" it is nevertheless apparentthat the book is predicated upon a serious and critical analysis of theenigma of segregation. The reader is afforded a historical background,beginning during our colonial period in the years 1607-1798. The authorprepares the reader for the journey through the "dark ages" of the beginningof the end of segregation which terminated in the famous (consideredby some, infamous) decision of Brown v. Board of Education.The author very succinctly draws, attention to the fact that when theDeclaration of Independence was drafted by our forefathers, they declaredthat the colonies ought to be free and independent. This was the aftermathof the mutual bond of distrust towards the Crown; the idea that tyrannicalconsequences stem from a strong centralized power. The Bill of Rightsdealt only with the limitations upon the federal government; the TenthAmendment was only declaratory of the relationship between the nationaland state governments and "was to confirm such in the minds of thepeople."The author asserts that the doctrine of separate but equal rightsoriginated not in the South, but rather in Massachusetts. He then proceedsto assail such men as Thaddeus Stevens and Charles Sumner for foistingthe Fourteenth Amendment upon the nation. When it was ultimatelypassed in 1865, it was done in a grandiose carpetbag style. However,19591394 UNIVERSITY OF MIAMI LAW REVIEW Vsubsequent to the enactment of the Fourteenth Amendment, the statecourts were steadfast in avowing that it required only that here be "equalityand not identity of privileges and rights." All the cases up to and includingPlessy v. Ferguson set. forth one principal proposition: that "legislation ispowerless to eradicate racial instincts or to abolish distinctions based uponphysical differences."The author regards 1936 as the end of an era. When all the casesdealing with police power, education and transportation, are considered, theseparate but equal doctrine appeared to be firmly established in ourconstitutional jurisprudence. The author conducts the reader on a woefulexpedition through the dramatic stages of the ever protracting tentaclesof the United States Supremc Court, beginning with the case of SouthernPacific Co. v. State of Arizona and ending with Browz Y. Board of Education.It is at this point that the Supreme Court becomes the author's quarry.Here he lambasts the Court for acting as a "super jury" in state courtcriminal proceedings.By the time the author is through criticizing the Court, it becomesreadily apparent that he is hoarding his strength for the Brown onslaught.Here the author bemoans the fact that a firmly embedded rule of lawwhich withstood 105 years of combat in the state and federal courts wasfinally cast aside and replaced by the "psychological knowledge" of suchmen as Myrdal and Clark, their philosophy being that even assuming thephysical tangibles to be equal, the negro would still be denied equaleducation. It is the author's belief that the Court's decision was predicatedupon our changing political, economic, and social structure; and hence,in effect altered a constitutional amendment which only the legislaturehas the power to do. Mr. Block maintains that most, if not all, of theappointments to the United States Supreme Court for the last twentyyears have been Senators or lesser politicos, without regard for theirjuridical ability, and not once has the Senate exercised its power to rejecta single nominee.In summary, Mr. Block has exerted a scholarly effort in presentingthe view of the segregationist on this most crucial issue. Because of his"regional attitude" he has not exactly portrayed the merits of integrationas they really are. The book is very informative and imparts an excellentbackground on the problems that the leaders of our nation face and whichsomeday must be resolved. One thing is certain - the advocates ofsegregation are not dead, nor are their ideas standing idle in a stagnantswamp of hopelessness. This is exemplified by Mr. Block's concludingstatement, "Congress may resume its position as a law making body throughits power over inferior courts and over appellate jurisdiction of the SupremeCourt."University of Miami Law Review( OL. XIIIGerald N. Capps

STATES\u27 RIGHTS THE LAW OF THE LAND. By Charles J. Block.
Atlanta: Harrison Company, 1958.

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STATES\u27 RIGHTS THE LAW OF THE LAND. By Charles J. Block. Atlanta: Harrison Company, 1958.

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