On
December 1, 1955 in Montgomery, Alabama, Rosa Parks, age
42, refused to obey bus driver James Blake's order that
she give up her seat to make room for a white passenger.
This
commentary was originally published by BC
in issue 162 on December 8, 2005.
Rosa
Parks was honored with a statue in the National Statuary
Hall of the U.S Capitol. Rep. Jackson was instrumental in
passing the enabling legislation.
Today some might consider it a stretch to argue that Rosa
Parks single handedly dealt a blow to Jeffersonian Democracy
and the ideology of states rights. While most people consider
Rosa Parks a simple woman whose act of courage initiated
the civil rights movement, a more comprehensive interpretation
of Parks' act redefined constitutional theory and the role
of the central government in building a more perfect union
for its citizens.
Under Thomas Jefferson's and James Madison's limited views
of democracy, which was based on the ideology of local control,
each state was co-equal with the federal government with
the same power and authority to act and decide as the national
government in their state "sphere" of "reserved
powers" � that is, those powers not specifically given
away to the federal government by the Constitution.
James Madison developed the theory of "interposition"
in the Virginia Resolution of 1798, the idea that when,
in the eyes of a state, the federal government exceeded
its constitutional authority, the states "have the
right and are duty bound to interpose for arresting the
progress of the evil. In short, a state could stop the effectiveness
of a federal law's execution, administration or interpretation
by interposing itself between the people of the state and
the federal government.
Thomas Jefferson developed the theory of "nullification"
in the Kentucky Resolution of 1799. Building on the conservative
compact constitutional theory of government, he argued that
states had the right to nullify all laws that they considered
unconstitutional.
Both resolutions denied the Supreme Court's authority to
determine whether laws passed by Congress were constitutional.
The
1954 Brown v. Board of Education case provided even greater
context for Parks' actions when one considers the massive
resistance by the southern states to desegregation. In a
shot heard around the world, Rosa Parks' action served notice
to all states that any further attempts to oppose a broad
interpretation of the 14th Amendment using Madison's and
Jefferson's theories would be met with equal resistance.
Thus, Rosa Parks actions in 1955, one year after Brown,
led directly to Dr. King's immortal words at the Lincoln
Memorial on April 28, 1963, eight years later: "I have
a dream that one day down in Alabama, with its vicious racists,
with its governor having his lips dripping with the words
of interposition and nullification � one day right there
in Alabama little black boys and black girls will be able
to join hands with little white boys and white girls as
sisters and brothers." Liberals ignore the first part
of that statement and conservatives only quote the second.
As
we dedicate this statue, it is important to note that these
battles are the same but many of the names have been changed.
Instead of interposition and nullification, congress uses
unfunded mandates and �302(b) allocations� as a way to describe
and support a states struggle for dominance over the federal
government.
What is Rosa Parks' legacy? Yes, her legacy will look back
on a life lived. But it will also look ahead to the unfinished
business of ending discrimination in all of its forms, and
toward building a common law and a more perfect Union for
all Americans.
Rosa Parks continues as a living legacy with ongoing implications
for the federal officials we elect, Supreme Court candidates
we nominate and constitutional interpretations that are
rendered. Do we want "strict constructionists"
on the Court who will interpret the Constitution narrowly
and limit the role of the federal government in the name
of "states' rights" and local control? Or do we
want courts that reflect a broader interpretation of common
law for all Americans?
The right to vote, to a public education and health care
of equal high quality, to a safe, clean and sustainable
environment, to affordable housing, to equal rights for
women, to fair taxation and to employment are all not explicitly
guaranteed in the Constitution and thus are subject to 10th
Amendment limitations � as was most clearly demonstrated
in the Bush v Gore decision of 2000 where Florida's laws
took precedence over an individual American's constitutional
right to have their vote counted.
So
wrapped up in the Rosa Parks statue and legacy is an end
to any form of discrimination and a commitment to a common
law over states' rights and local control for major issues
of social and economic justice that allows all Americans
to be treated equally and with dignity.
Parks paved the way, but we still have unfinished business
to complete as a nation. We can still have a new birth of
freedom if "we the people" become reengaged in
the struggle to build a more perfect Union and a government
of the people, by the people and for the people. And if
we do, it "shall not perish from the earth" until
the earth itself perishes.
Rep.
Jesse L. Jackson, Jr. (D-IL)� is author of the remarkable
book, A
More Perfect Union.�
We at BC gladly endorse it.
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