ERIC Number: ED123304
Record Type: RIE
Publication Date: 1975-Dec
Reference Count: 0
Court, Congress, and School Desegregation.
McKay, Robert B.
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)
Descriptors: 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
Publication Type: Reports - Research
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at a consultation with the Commission on Civil Rights (Washington, D.C., December 8, 1975)