On the Priorities of Citizenship in the Deep South and Northern Ireland
In: The journal of politics: JOP, Volume 38, Issue 2, p. 247-291
ISSN: 0022-3816
In the Deep South & in Northern Ireland, minorities have sought, in opposite directions with opposite results, to establish their rights as citizens. While political violence in the Deep South has abated since 1964, Northern Ireland has experienced continuing upheaval with virtual suspension of local representative government. The areas deserve comparison on the basis of several inherent similar characteristics: (1) the division into two distinct communities, white-black, Protestant-Catholic, (2) border areas in relation to the main metropolitan society, (3) roles assigned ascriptively by skin color or religion, (4) historic political rebellions after which both areas remained dependent on a central government but with a great degree of autonomous rule in local affairs, & (5) majority use of free elections to maintain one party government. Within this political & social environment, Ulster Catholics & Southern blacks had three active choices to gain rights as full citizens: electoral activity, recourse to the courts, & protest & rebellion. Southern blacks chose to use the courts to defend their inalienable rights as citizens. While the court arena does not guarantee victory, the minority argument has the same opportunity to influence the judges as the majority argument. The courts, acting independently of government influence, upheld the Constitution & decided in favor of full citizenship for blacks. After the decision, with a general unwillingness to defy federal authority, Southern whites were pressured to accept the court ruling by questioning their loyalty to America. Northern Ireland, in contrast, adopted the protest strategy. Unlike Southern blacks who asked to be treated as Americans under the Constitution, Irish Catholics demanded full citizenship without an appeal to national loyalties. Britain, desiring to maintain law & order rather than guarantee justiciable rights, suspended the representative government & established legal inquiries of quasi-judicial status under government control which lacked the full powers of American Congressional inquiries. Without access to the courts, & as a minority with no electoral power, Catholics resorted to increased protest which has not secured them their desired rights. An examination of Northern Ireland & the Deep South supports the proposition that justiciable rights have priority over electoral rights, while judicial protest is more effective than street violence. In the courts an aggrieved minority does not submit to the will of the majority & through judicial victory establishes its rights more permanently. J. Massey.