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Civics 101

Starter Kit: Federalism

Civics 101

NHPR

Education, History, Supreme Court, American History, Elections, Democracy, Society & Culture, Government, Civics, Politics, Social Studies

4.62.4K Ratings

🗓️ 30 July 2019

⏱️ 24 minutes

🧾️ Download transcript

Summary

A tug of war, a balancing act, two dancers dragging each other across the floor. This is the perpetual ebb and flow of power between the states and the federal government. How can things be legal in a state but illegal nationally? Are states obstinate barricades to federal legislation? Or are they laboratories of democracy? Today's episode features Lisa Manheim, Associate Professor of Law at the University of Washington School of Law and co-author of The Limits of Presidential Power, and Dave Robertson, Chair of the Political Science department at the University of Missouri St.Louis.

Transcript

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0:00.0

Civics 101 is supported in part by the Corporation for Public Broadcasting.

0:07.0

It is my opinion that the South will be law-piding and will comply with the decision of the court and accept it.

0:17.0

In 1954, the Supreme Court handed down a landmark decision.

0:22.0

People in the South are just as law-piding as anybody else and other decisions have come down which they said they would like and there's never been any trouble as a result of any of these decisions.

0:34.0

Brown versus Board of Education.

0:36.0

Segregation in schools is unconstitutional, a violation of the Equal Protection Clause in the 14th Amendment.

0:43.0

Separate but equal is not equal at all.

0:47.0

9,000 Negroes, not together with no problem at all, and discussed segregation in the ending of the suffocation.

0:54.0

That was a business of it.

0:56.0

Three years later, a group of nine black students formally enrolled in an all-white school in Little Rock, Arkansas.

1:02.0

The Little Rock Night.

1:04.0

The Little Rock Night.

1:06.0

Units of the National Guard have been and are now being mobilized.

1:12.0

And Governor Orville Fobbus responded with military force.

1:16.0

Advanced units are already on duty on the grounds of central high school.

1:23.0

A mob of screaming white protesters lined the path as the nine students approached central high school.

1:29.0

They never did make it inside.

1:31.0

The Arkansas National Guard, under orders from the governor, barred their entry.

1:36.0

Then you see it as a state federal conflict of our time.

1:42.0

I don't think it's an equation of that.

1:44.0

This was clearly unconstitutional based on the Supreme Court's decision.

1:49.0

But the states nevertheless argued that they did not need to be in a sense bound by the U.S. Supreme Court's decision.

...

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