ERIC Number: ED236254
Record Type: RIE
Publication Date: 1982-Oct
Reference Count: 0
"There Is No Liberty..." A Report on Congressional Efforts to Curb the Federal Courts and to Undermine the Brown Decision.
In an effort to foster better understanding of the crucial role of the courts in protecting all persons from legislative and executive overreaching, this report examines and evaluates the Helms-Johnston Amendment, one of many efforts Congress is making to limit the authority of federal courts in cases involving the controversial issues of desegregation, abortion rights, and school prayer. The Johnston portion of this Amendment would impose limits on court-ordered busing to a student's nearest school or to a school within 5 miles of his or her home. The Helms portion would prohibit the Justice Department from bringing or maintaining any action directly or indirectly to require busing beyond the proposed limits of this bill, and would charge the Justice Department to enforce the new bill, even to the extent of reopening previously decided cases. The report attacks the Amendment on the following grounds: (1) it is unconstitutional; (2) it limits the role of the courts in protecting citizens' rights; (3) in addition to mandating continuation of unconstitutionally segregated schools, the Amendment bars the implementation of desegregation programs that have been effective in improving educational opportunity; and (4) enactment of the Amendment would seriously impair racial harmony in the United States by recreating racially dual school systems and promoting the perception that the government is repudiating its commitment to racial justice. (CMG)
Publication Type: Opinion Papers; Reports - General
Education Level: N/A
Authoring Institution: Citizens Commission on Civil Rights, Washington, DC.
Identifiers: Proposed Legislation