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The Journal of Negro History, Volume 6, 1921   By:

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[Transcriber's Note: Every effort has been made to replicate this text as faithfully as possible, including obsolete and variant spellings and other inconsistencies. Text that has been changed to correct an obvious error is noted at the end of this ebook. Also, the transcriber added the Table of Contents.]

THE JOURNAL

OF

NEGRO HISTORY

Volume VI

1921

Table of Contents

Vol VI January, 1921 No. 1

Fifty Years of Negro Citizenship C. G. WOODSON Remy Ollier, Mauritian Journalist and Patriot CHARLES H. WESLEY A Negro Colonization Project in Mexico J. FRED RIPPY Documents James Madison's Attitude toward the Negro Advice Given Negroes a Century Ago Some Undistinguished Negroes Book Reviews Notes Proceedings of Annual Meeting

Vol VI April, 1921 No. 2

Making West Virginia a Free State ALRUTHEUS A. TAYLOR Canadian Negroes and the John Brown Raid FRED LANDON Negro and Spanish Pioneer in New World J. FRED RIPPY Economic Condition of Negroes of New York ARNETT G. LINDSAY Documents The Appeal of the American Convention of Abolition Societies Correspondence Book Reviews Notes

Vol VI July, 1921 No. 3

The Material Culture of Ancient Nigeria WILLIAM LEO HANSBERRY The Negro in British South Africa D. A. LANE, JR. Baptism of Slaves in Prince Edward Island WILLIAM RENWICK RIDDELL Documents Book Reviews Notes

Vol VI October, 1921 No. 4

The Negro Migration of 1916 1918 HENDERSON H. DONALD Book Reviews Notes

THE JOURNAL

OF

NEGRO HISTORY

VOL. VI JANUARY, 1921 NO. 1

FIFTY YEARS OF NEGRO CITIZENSHIP AS QUALIFIED BY THE UNITED STATES SUPREME COURT

THE HISTORIC BACKGROUND

The citizenship of the Negro in this country is a fiction. The Constitution of the United States guarantees to him every right vouchsafed to any individual by the most liberal democracy on the face of the earth, but despite the unusual powers of the Federal Government this agent of the body politic has studiously evaded the duty of safeguarding the rights of the Negro. The Constitution confers upon Congress the power to declare war and make peace, to lay and collect taxes, duties, imposts, and excises; to coin money, to regulate commerce, and the like; and further empowers Congress "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof." After the unsuccessful effort of Virginia and Kentucky, through their famous resolutions of 1798 drawn up by Jefferson and Madison to interpose State authority in preventing Congress from exercising its powers, the United States Government with Chief Justice John Marshall as the expounder of that document, soon brought the country around to the position of thinking that, although the Federal Government is one of enumerated powers, that government and not that of States is the judge of the extent of its powers and, "though limited in its powers, is supreme within its sphere of action."[1] Marshall showed, too, that "there is no phrase in the instrument which, like the Articles of Confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described."[2] Marshall insisted, moreover, "that the powers given to the government imply the ordinary means of execution," and "to imply the means necessary to an end is generally understood as implying any means, calculated to produce the end and not as being confined to those single means without which the end would be entirely unattainable."[3] He said: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and the spirit of the Constitution, are constitutional... Continue reading book >>


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