The Manifesto was drafted to support reversing the landmark Supreme Court 1954 ruling Brown v. Board of Education, which determined that segregation of public schools was unconstitutional. School segregation laws were some of the most enduring and best-known of the Jim Crow laws that characterized the South at the time.[2]
"Massive resistance" to federal court orders requiring school integration was already being practiced across the South, and was not caused by the Manifesto. Senator J. William Fulbright of Arkansas had worked behind the scenes to tone down the original harsh draft. The final version did not pledge to nullify the Brown decision, nor did it support extralegal resistance to desegregation. Instead, it was mostly a states' rights attack against the judicial branch for overstepping its role.[3]
The Southern Manifesto accused the Supreme Court of "clear abuse of judicial power" and promised to use "all lawful means to bring about a reversal of this decision which is contrary to the Constitution and to prevent the use of force in its implementation."[4] It suggested that the Tenth Amendment should limit the reach of the Supreme Court on such issues.[5] Senators led the opposition, with Strom Thurmond writing the initial draft and Richard Russell the final version.[6]
Three Democratic Senators from the former Confederate states did not sign:
Also, none of the 12 U.S. Senators or 39 U.S. House Representatives from the states of Delaware, Maryland, West Virginia, Kentucky, Missouri, and Oklahoma signed the Manifesto despite all requiring segregation in their public school systems prior to the Brown v. Board decision.[7]
This refusal earned them the enmity for a time of their colleagues who signed.[citation needed]
There were seven Republican Representatives and three Senators from former Confederate states. Only four signed the Manifesto: Charles Jonas of North Carolina, William Cramer of Florida, Joel Broyhill and Richard Poff of Virginia.[8]
"The unwarranted decision of the Supreme Court in the public school cases is now bearing the fruit always produced when men substitute naked power for established law."
"The original Constitution does not mention education. Neither does the 14th Amendment nor any other amendment. The debates preceding the submission of the 14th Amendment clearly show that there was no intent that it should affect the system of education maintained by the States."
"This unwarranted exercise of power by the Court, contrary to the Constitution, is creating chaos and confusion in the States principally affected. It is destroying the amicable relations between the white and Negro races that have been created through 90 years of patient effort by the good people of both races. It has planted hatred and suspicion where there has been heretofore friendship and understanding."[9]
In many southern States, signing was much more common than not signing, with signatories including the entire delegations from Alabama, Arkansas, Georgia, Louisiana, Mississippi, South Carolina, and Virginia. Those from southern states who refused to sign are noted below.[1]
