ERIC Number: ED070804
Record Type: Non-Journal
Publication Date: 1972-May
Reference Count: N/A
Constitutionality of the President's Busing Proposals. Special Analysis, Number 24.
Bork, Robert H.
On March 17, 1972, President Nixon submitted two bills to Congress designed to deal with the increasingly troublesome issue of court-ordered busing of school children for the purpose of desegregating public schools. The first of these measures is the "Student Transportation Moratorium Act of 1972," which would freeze such court-ordered busing in its present position in order to give the Congress time to consider and adopt a long-range solution to the problem. The second measure is the President's proposal for such long-range solution: the "Equal Educational Opportunities Act of 1972." Because they represent new approaches, these proposed statutes raise questions of constitutionality for which there are no firm, clear answers. Discussions must proceed by taking bearings from a few more or less analogous matters in the past and, even more importantly, from considerations of sound constitutional policy. Such analysis indicates that Congress probably has the constitutional power to enact the statutes proposed by the President. These measures, properly construed, do not attempt to overturn the relationship between the legislature and the judiciary. They deal with remedies and do so in a limited way. Because there are few direct precedents in this area, any responsible legal judgment must necessarily be qualified. (Author/JM)
Descriptors: Bus Transportation, Compensatory Education, Constitutional History, Desegregation Litigation, Desegregation Methods, Educational Legislation, Educational Opportunities, Federal Aid, Federal Legislation, Political Issues, School Desegregation, Student Transportation, Supreme Court Litigation
American Enterprise Inst. for Public Policy Research, 1150 17th Street, N.W., Washington, D.C. 20036 ($2.00)
Publication Type: N/A
Education Level: N/A
Authoring Institution: American Enterprise Inst. for Public Policy Research, Washington, DC.
Identifiers - Laws, Policies, & Programs: Equal Educational Opportunities Act 1974