Busing of Schoolchildren: Hearings Before the Subcommittee on Constitutional Rights of ... , 93-2, Feb, 19, 20, & 21, 1974, Volume 89
1974 - 384 pages
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achieve action agency amendment American appeal areas assignment attend authorities basis believe bill Board of Education Brown cause Chairman Civil Rights clause committee concerned Congress constitutional continuing County decision denied desegregation determine discrimination District Court dual effect eliminate enforce equal protection exercise fact Federal courts follows forced busing freedom of choice further hear integration involved issue judge judicial jurisdiction Justice legislation limited matter means miles minority Negro neighborhood schools North Office operating opinion opportunity origin parents person present problems proposed public schools pupils question race racial balance reason record remedy respect result school board school district school system segregation Senator Ervin separate situation Supreme Court teachers tion Title transportation unitary United violation zones
Page 331 - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
Page 278 - The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?
Page 278 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Page 331 - We conclude that in the field of public education the doctrine of 'separate but equal
Page 315 - To that end, the courts may consider problems related to administration, arising from the physical condition of the school plant, the school transportation system, personnel, revision of school districts and attendance areas into compact units to achieve a system of determining admission to the public schools on a nonracial basis, and revision of local laws and regulations which may be necessary in solving the foregoing problems.
Page 331 - We must consider public education in the light of its full development and its present place in American life throughout 493 the Nation. Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws. Today, education is perhaps the most important function of state and local governments.
Page 277 - When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power.
Page 330 - separate but equal" did not make its appearance in this court until 1896 in the case of Plessy v. Ferguson, supra, involving not education but transportation. American courts have since labored with the doctrine for over half a century. In this court, there have been six cases involving the "separate but equal" doctrine in the field of public education.
Page 205 - General to institute federal suits, contains the following proviso: "nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.