Court, Congress, and School Desegregation [microform] / Robert B. McKay
- Bib ID:
- 5303298
- Format:
- Book and Microform
- Author:
- McKay, Robert B
- Online Version:
- https://eric.ed.gov/?id=ED123304
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- Description:
-
- [Washington, D.C.] : Distributed by ERIC Clearinghouse, 1975
- 36 p.
- Summary:
-
Congressional attempts to curb the power of the Federal courts in the area of school desegregation date largely from the Supreme Court's decision in Swann v. Charlotte-Mecklenburg Board of Education in 1971. It is a response to the court's approval in that case of busing as a remedy that may in some circumstances be used to alleviate the effects of de jure racial segregation. Opposition to busing appears to command a majority in Congress. This has not yet led to a head-on confrontation with the courts because legislation thus far enacted has been framed to avoid constitutional difficulties. And it now appears that the primary focus of congressional interest is an anti-busing amendment to the Constitution. Analysis of the proposed amendments and statutes requires a review of both the existing statutes and the case law, which is made here. The constitutionality of past and present anti-busing efforts is then assessed. It is noted that the present session of Congress has seen attempts at the passage of further anti-busing legislation that are significant not so much because of the nature of the proposed legislation as because of the support it has gathered. If a constitutional amendment is to be passed, which is believed unlikely, then more legislation will probably be forthcoming and a clash with the judiciary may be unavoidable. (Author/JM)
- Notes:
-
- ERIC Note: Paper presented at a consultation with the Commission on Civil Rights (Washington, D.C., December 8, 1975).
- May also be available online. Address as at 14/8/18: https://eric.ed.gov/
- Reproduction:
- Microfiche. [Washington D.C.]: ERIC Clearinghouse microfiches : positive.
- Subject:
-
- Bus Transportation
- Constitutional History
- Court Litigation
- Desegregation Litigation
- Desegregation Methods
- Educational Legislation
- Federal Courts
- Federal Government
- Federal Legislation
- Legal Problems
- Political Issues
- School Desegregation
- Student Transportation
- Supreme Court Litigation
- Transfer Programs
- United States History
- Available From:
- ERIC
- Copyright:
-
In Copyright
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Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 1975
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