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 circuit Civil Rights color committee Congress constitutional continue County decision denied desegregation determine discrimination District Court dual effect eliminate enforce exercise fact Federal courts forced busing freedom of choice grant hear implementation integration interest involved issue judge judicial jurisdiction Justice legislation limited majority matter means miles minority Negro neighborhood schools officer operating opinion opportunity origin parents percent person present President problems proposed public schools pupils question race racial balance reason remedy respect result school board school district school system segregation Senator Ervin situation statement Supreme Court teachers tion Title transportation unitary United violation zones
Page 333 - 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 280 - 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 280 - 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 333 - We conclude that in the field of public education the doctrine of 'separate but equal
Page 317 - 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 333 - 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 279 - 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 332 - 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 207 - 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.