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Joint Resolution of the Georgia General Assembly censuring the President (Feb. 14, 1958)

Joint Resolution of the Georgia General Assembly

Feb. 14, 1958


No. 6 (House Resolution no. 305).

A Resolution.

Censuring the President for calling out military forces to enforce integration of the races at Central High School in Little Rock, Arkansas.

Whereas, on September 24, 1957, by arbitrary and illegal action unprecedented in the annals of history the President of the United States federalized the Arkansas National Guard and sent airborne storm troopers of the United States Army into a sovereign state to enforce integration of the races at bayonet point in the Central High School of Little Rock, Arkansas, contrary to the President’s positive statement never to use troops in enforcing integration; and

Whereas, in so doing, the President sacrificed the honesty and integrity of our highest executive office on an altar of political expediency to appease the NAACP and other radical, communist-sympathizing organizations; and

Whereas, such action was illegal, unconstitutional and void, as held by Attorney General Eugene Cook in official opinion to the Governor under date of October 17, 1957, in that:

(a) It was in direct violation of the Constitution, Art. IV, Sec. 4, declaring that the United States can intervene in state affairs only upon application of the Executive or Legislative thereof;

(b) It was in violation of the “Posse Comitatus Act”, 18 U.S.C.A., sec. 1385.

(c) It was in violation of other provisions of law limiting the use of troops to enforcing “laws of the land”, when in truth and fact, the decision of the Supreme Court sought to be enforced was not the “law of the land”, but only the “law of the case”, as held by the United States Court of Appeals for the Fifth Circuit in the case of Indiviglio v. U.S., 26 L.W. 2227 (October 31, 1957).

(d) It was contrary to federal statutes and established principles of constitutional law that military forces should not be used in enforcing court decrees until civil authorities had been frustrated in their attempt to do so, when in fact no U.S. Marshal had ever sought to enforce federal court decrees requiring integration in the Central High School.

Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that this General Assembly does hereby censure the President of the United States, and declares its most emphatic disapproval for this deliberate and palpable executive encroachment of the Constitution and laws.

Be it further resolved, that copies of this resolution be dispatched forthwith to the White House and to each member of the Georgia delegation to Congress.

Approved February 14, 1958.

Ga. Laws 1958, pp. 13-14.