Busing of Schoolchildren: Hearings, Ninety-third Congress, Second Session ... February 19, 20, and 21, 1974U.S. Government Printing Office, 1974 - 384 páginas |
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Página 32
... courts where courts manifest a disregard for the plain pro- visions of the Constitution . Certainly in the McCardle case and in many other cases the Supreme Court itself has sustained the power of the Congress to define the power of the ...
... courts where courts manifest a disregard for the plain pro- visions of the Constitution . Certainly in the McCardle case and in many other cases the Supreme Court itself has sustained the power of the Congress to define the power of the ...
Página 33
... Supreme Court made the state- ment that to assign children to schools on the basis of the racial propor- tion of the area affected was a good starting point . I have stated in my brief , and I think it is absolutely correct , that the ...
... Supreme Court made the state- ment that to assign children to schools on the basis of the racial propor- tion of the area affected was a good starting point . I have stated in my brief , and I think it is absolutely correct , that the ...
Página 36
... Supreme Court , judicial power " shall be vested *** in such inferior courts as the Congress may from time to time ... Supreme Court of the United States ; thereby retaining Federal supremacy . Mr. Chairman , you referred to the ...
... Supreme Court , judicial power " shall be vested *** in such inferior courts as the Congress may from time to time ... Supreme Court of the United States ; thereby retaining Federal supremacy . Mr. Chairman , you referred to the ...
Página 37
... Supreme Court , which may be the subject of a difference of opinion because the U.S. Supreme Court would still be the court of last resort , even though cases and contro- versies involving the public schools would be decided initially ...
... Supreme Court , which may be the subject of a difference of opinion because the U.S. Supreme Court would still be the court of last resort , even though cases and contro- versies involving the public schools would be decided initially ...
Página 42
... Supreme Court absolutely ignored the power of Congress to pass laws to enforce the 14th amendment . But then , the Congress decided to take no chances with the courts , so it put in some- thing else that even a judge ought to be able to ...
... Supreme Court absolutely ignored the power of Congress to pass laws to enforce the 14th amendment . But then , the Congress decided to take no chances with the courts , so it put in some- thing else that even a judge ought to be able to ...
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Términos y frases comunes
14th amendment action amicus curiae areas assignment attend bill black children black students Board of Education Brown Chairman Charlotte Charlotte-Mecklenburg Charlotte-Mecklenburg School Civil Rights Act color committee CONGRESS THE LIBRARY constitutional rights court order cross-busing decision denied desegregation plan discrimination District Court dual school systems educational agency effect elementary enforce equal protection clause fact Federal courts forced busing Fourteenth Amendment freedom of choice hear high school implementation integration issue JESSE HELMS judicial Judiciary Justice legislation LIBRARY OF CONGRESS ment Negro neighborhood schools North Carolina parents percent Prince Georges County problems proposed Public School Jurisdiction pupils quality education question racial imbalance racial segregation remedy result school authorities school board school children school desegregation school district School Jurisdiction Act segregation Senator ERVIN subcommittee Swann teachers tion Title transportation U.S. Senate U.S. Supreme Court unconstitutional unitary school system United violation zones
Pasajes populares
Página 331 - Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools. The plaintiffs contend that segregated public schools are not "equal" and cannot be made "equal," and that, hence, they are deprived of the equal protection...
Página 283 - We doubt very much whether any action of a State not directed, by way of discrimination, against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.
Página 178 - It is a proposition too plain to be contested that the Constitution controls any legislative act repugnant to it, or that the legislature may alter the Constitution by an ordinary act.
Página 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.
Página 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.
Página 332 - Painter, there are findings below that the Negro and white schools involved have been equalized, or are being equalized with respect to buildings, curricula, qualifications and salaries of teachers, and other "tangible
Página 358 - In fashioning and effectuating the decrees, the courts will be guided by equitable principles. Traditionally, equity has been characterized by a practical flexibility in shaping its remedies and by a facility for adjusting and reconciling public and private needs.
Página 148 - Desegregation" means the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin, but "desegregation" shall not mean the assignment of students to public schools in order to overcome racial imbalance.
Página 183 - ... restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute...
Página 358 - Full implementation of these constitutional principles may require solution of varied local school problems. School authorities have the primary responsibility for elucidating, assessing, and solving these problems; courts will have to consider whether the action of school authorities constitutes good faith implementation of the governing constitutional principles.