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Interposition Resolution in Response to Brown v. Board of Education, 1957(From: Acts of the Territorial Legislature and Acts of the Legislature, 1822-Present, Series S 222)Page 1 | Page 2 | Page 3 | Page 4 | Page 5 | Page 6 | Page 7 | Page 8 | Page 9 The Florida State Legislature passed this resolution in opposition to the 1954 U.S. Supreme Court decision in the Brown v. Board of Education of Topeka, Kansas case that ended legal segregation in public education. Racial segregation was originally found to be constitutional by the U.S. Supreme Court in the landmark Plessy v. Ferguson case in 1896. That decision laid the legal foundation for what became known as Jim Crow laws throughout the nation, and especially in the U.S. South, by declaring segregation legal only if the facilities were “separate but equal.” But the Brown decision removed that foundation, and many segregationists saw the case as an opening wedge to ending all segregation. Therefore, the Florida Legislature argued that the decision usurped the state constitutional powers, and passed the resolution to declare the Court's decision in 1954 as null and void. Although he initially condemned the Brown decision, as did the majority of Southern elected officials, Governor LeRoy Collins fought with the Florida Legislature to prevent them from passing the "interposition" resolution. Such a resolution was intended to "interpose" itself between the citizens of Florida and the United States government in order to prevent what the legislature contended was an illegal intrusion by the Federal government upon the right of the state by imposing integration. Governor Collins utilized a little-known provision of the state constitution by unilaterally adjourning the legislature to prevent it from passing the resolution. After the legislature returned and passed the resolution, he had no power to veto it, because it was not a law but only a resolution expressing the opinion of the legislature on the matter of racial integration. However, as it passed through his office, Collins hand-wrote the following at the bottom of the interposition resolution: "This concurrent resolution of 'Interposition' crosses the Governor's desk as a matter of routine. I have no authority to veto it. I take this means however to advise the student of government, who may examine this document in the archives of the state in the years to come that the Governor of Florida expressed open and vigorous opposition thereto. I feel that the U. S. Supreme Court has improperly usurped powers reserved to the states under the constitution. I have joined in protesting such and in seeking legal means of avoidance. But if this resolution declaring the decisions of the court to be 'null and void' is to be taken seriously, it is anarchy and rebellion against the nation which must remain 'indivisible under God' if it is to survive. Not only will I not condone 'interposition' as so many have sought me to do, I decry it as an evil thing, whipped up by the demagogues and carried on the hot and erratic winds of passion, prejudice, and hysteria. If history judges me right this day, I want it known that I did my best to avert this blot. If I am judged wrong, then here in my own handwriting and over my signature is the proof of guilt to support my conviction. LeRoy Collins, Governor." May 2, 1957.
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